POWER OF EXCLUSION. CLUB REGULATIONS REQUIRED. (By Telegraph.—Own Correspondent.) HAMILTON, this day. The Magistrate's Court was occupied all day yesterday until midnight hearing charges against bookmakers in connection with the recent South Auckland meeting. The cases were the first of the kind tried in the Dominion under the new Act. Alexander Phillips and Daniel Ussher were charged with betting without a license. Mr. Earl, who appeared for the defence, contended that the charge was laid under Section 34 of the Gaming Act, 1908, and that there was no prohibition for bookmakers under this section to ply their calling at racecourses where the totalisator was used. There was direction in most mandatory terms to grant licenses to fit and proper persons to carry on business, but under this section no offence had been committed; there could be none. The present position was that It was lawful for a bookmaker to be on the course and ply his calling even if he had not a license. It is not committing an offence for a bookmaker to go ou the' course and ply 'his calling. Clubs are obliged to have unlicensed bookmakers on their ground. As couid be seen from frequent advertisements, they had full power to proceed against them for trespass, and thus keep them off the course. If it were an offence, it was peculiar that it had not been challenged long ago.
Mr. Catten did not think there was any doubt about the position. Defendants were charged with carrying on their business as bookmakers at a totalisator meeting when unlicensed. In his opinion, the penal portion of the section referred to refers only to bookmakers betting after the time of starting. In Section 32 there is the same prohibition for the totalisator receiving investments under the same circumstances, and the penal clause was almost the same. The offences Intended to be dealt with by the informations were dealt with in Clause 32, where tho racing clubs wcto authorised to make rules for tho exclusion of "llimpropcr persons. The only jfray (ho provide against unlicensed bookmakers plying their calling w«s to make such regulations as were provided under Clause 32, and' deal -with them under these regulations. The Informations were dismissed.
Alexander Phillips (two charges), Har= rv Williams, Fred, Leslie, J, A, Beskett, prank Grey, Arfchuf Nairn, and Arthur Hopewell were then charged with making bets at the recent meetings after the totalisator closed, All were convicted and fined £5 and costs on each charge. Alexander Phillips wae charged to-day with using insulting language to Sergeant Hastie on the same occasion. He pleaded guilty. The police said he had apologised, and, as he had already been heavily fined, they asked for a dismissal, which was granted op the payment of <*oste, £- J4A, _. --•
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