THE TURF.

Ashburton Guardian, Volume 57, Issue 65, 26 December 1936, Page 2

THE TURF.

interval between races. CLUB’S APPEAL DISMISSED. (Per Press Association). CHRISTCHURCH, This Day. For its spring meeting, held at Addington last month, the New Zealand Metropolitan Trotting Club framed its programme on a 40 minutes interval between races when the Rules of trotting provide for only So minutes. Subsequently the club was asked to appear before the New Zealand Trotting Association to explain why it should not be dealt with under the rules. After hearing the explanation the association imposed a fine of £IOO. An appeal was made to the New Zealand Trotting Conference against the penalty, and the appeal was held on Thursday. The following report' of the appeal proceedings have been forwarded by the secretary of the New Zealand Trotting Conference: — “The New Zealand Metropolitan Trotting Club, through its president, admitted a wilful breach of rule 115 in that it framed its programme to provide for races bejng run at greater intervals of time allowed by tire rule.

“The club gave proper notice of appeal, the grounds of appeal being: ‘That the New Zealand Trotting Association has no jurisdiction under its rules to inflict any fine on the New Zealand Metropolitan Trotting Club in respect of the offence with which the club was charged or in x'espect of the alleged breach of rules.’ “The judges agreed to permit counsel to appear on behalf of the parties and heard Mr A. W. Smithson in support of the appeal. Mr Smithson submitted that the fine imposed could not be properly imposed under rule 579 (o) which it was contended was the only rule which provided a penalty by way of fine for the breach committed, on the ground that rule 579 could apply only to a person or individual and not to a club. It was further contended that rule 279 (o) did not apply as other penalty was provided under rule 60. Mr R. A. Cuthbert, for the association, argued that rule 579 applied to a club as well as to a physical person or individual, that rule GO did not exhaust the punitive powers of the association, and further that in any event the judges, under rule 29, could themselves inflict a fine irrespective of all other considerations.

“The judges by a majority, with some hesitation, are of opinion that rule 379 (o) does give the association power to impose a fine upon a club, but are unanimously of opinion that under rule 29, they themselves can properly impose a fine and if necessary do so.

“In the result the appeal is dismissed, and the fine must stand. There will be no direction as to costs.”

The appeal judges were Messrs D. E. Wanklyn, W. J. Sim, and J. D. Hutchison.

INTERVAL BETWEEN RACES. MINISTER. ORDERS 40 MINUTES. CHRISTCHURCH, This Day. Notwithstanding the rule of the New Zealand Trotting Conference that the interval between races shall be 35 minutes, the Minister for Internal Affairs (the Hon. W. E. Parry) has ordered that all future programmes provide an interval of 40 minutes. In a letter to the New Zealand Metropolitan Trotting Club the Department of Internal Affairs, in granting a totalisator license, says: “The Minister has taken up the whole question with the president of the Trotting Conference, and has said, that the present unsatisfactory position cannot be allowed to continue, and no further licenses will be issued to trotting clubs until provision has been made for variation of the rule.”

After the November meeting, which the Metropolitan Club ran the 40minute intervals, the Trotting Association imposed on the club a fine of £IOO for breach of the rules. The club appealed to the Conference, but the appeal was rejected.