LAW AND THE PROFITS.

Auckland Star, Volume L, Issue 164, 11 July 1919, Page 5

LAW AND THE PROFITS.

PICTURE SHOW PROSECUTIONS. ONE MANAGER FINED £15, £ The grievance of the continuous picture show people against the Health. Act restrictions were aired again at the Police Court, before Mr. F. K. Hunt, S.M., when three defendants connected with picture shows were charged with further breaches of the Act. Robert L. Cleland admitted that on June 28 lie had opened the National Theatre before 2 p.m., explaining that he had been fined £5 on June 27 for a like offence, but as the next day was Saturday, and the end of the week, he did not think the police would take action, provided he did not continue to open before 2 p.m. after that week. He had not done so since. He was convicted and ordered to pay the costs.

MERELY TECHNICAL NOW. Mrs. Domeniea Hayward was charged that she opened the Grand Theatre before 2 p.m. on June 19, and Mr. H. H. Ostler, entered a plea of guilty, but pointed out that the circumstances were unusual. Defendant, with others, had agreed not to open till 2 p.m., but found that one theatre was regularly opening for a morning session, and scooping the patronage, and the Health Department was not taking action. Then the others did likewise, and all were prosecuted on June 27 the defendant on a charge relating to June 11. All had been fined, and defendant had since strictly observed the law. but had this extra charge relating' to a date prior to the first prosecution, brought against her. Counsel thought' the police had acted in this instance under a misapprehension. Sub-Inspector Wohlmann replied that there was no misapprehension; the breach had been reported, and had to be acted on irrespective of any other r ios Worship: Has defendant observed the law since June 27? The Sub-Inspector: Yes, sir. His Worship: Then it is a less offence than in the case of Mr. Cleland. Defendant will be convicted and discharged. DIFFERENT FROM THE REST. Arthur E. Coe, manager of Everybody's Theatre, was charged that on June 28 he opened the theatre before 2 p.m., and that on July 1, July 3, and July o he did not close the theatre between the hours of 5 p.m. and 7 p.m. Sub-Inspector Wohlmann stated tnat defendant, like Mr. Cleland, had opened his theatre at 2 p.m. for one day after the last prosecution. On the other dates mentioned, instead of closing from 5 p.m. to 7 p.m., he had opened at 6 p.m., and, the speaker understood, continued to do so daily. "This defendant was the cause of most of the trounle, and it he continues to act in this manner we shall have to use bigger remedies than we have. Not only has he broken the law, but he has encouraged by rather inflammatory advertisements." Defendant said he was not actuated in his attitude by any sense of disrespect to the Court, but by pure necessity. All the other picture theatres were controlled by big corporations His Worship: Wait a minute. There's ho need for" you to get a nice little advertisement out of this. There is a saving that necessity knows no law, but that is not applicable to this case. You don't suggest you broke the law because your pocket is not so long as the others, do you? TRIED A VARIATION". Defendant: Xo. I wish to call attention to the fact that I have kept the law in spirit, if not in letter. The law allows us to open from 2 p.m. to 5 p.m., and from 7 p.m. to 10 pjn. Instead of that, 1 closed an hour earlier in the afternoon, showing from 2 p.m. to 4 p.m., and_after the two hours' interval opened from 6 p.m. to 10 p.m.. I did that in order to keep my obligations and to save having. to dispense with some of the employees.) His Worship: The Legislature fixed one hour for opening, and you yourself have fixed another.

Defendant: I have done everything to preserve the safety and health of the public. The Sub-Inspector: And by opening an hour earlier takes advantage of the others being closed by keeping the law to fill his theatre. Defendant: It means this theatre will have to be shut down. His Worship: You had better take another walk in life. You appear to have broken the law deliberately. Defendant: Many times I have heard the law quoted in this connection, but never the word "justice." His Worship: Well, you will hit it now. You.are fined £5 for each of the offences in Jtfly, and will have to pay the costs, like Mr. Cleland, for opening before 2 p.m. on June 2S. And remember, if you break the law again there is another remedy beside a fine. Defendant: I am very sorry, sir, but. with all respect to you I can't do otherwise.