BIG FIELDS QUESTION.

Auckland Star, Volume LIII, Issue 301, 20 December 1922, Page 4

BIG FIELDS QUESTION.

TO RESTRICT GAMBLING.

RACING IN DIVISIONS. DECLARED TO BE lIABGAI.. 9UPREME COURT DBOIBION. (By Tele»r«pb--Special to "Star"!. WELLINGTON, this day. * judgment of considerable interest to racing ciSb. and the sporting: publ* was delivered by the Regwtrar (Mr. Y>.A. Hawkins) in the Supreme Omrt to-day in the absence of Mr. Justice Heed, who Iβ at present on circuit The plaintiff m the action was John Bateman president of the Wellington Racing Club, and the defendant the Attorney-General. After dealing very fully with the echeme submitted by the club, the Judge held that in its entirety it could not be legally carried out. Plaintiff asked for a declaratory judgment for determination of the following question of I* w: — Whether the scheme of running a horse race in heats or d ivisions, as disclosed m the statement of facts is contrary to the provieione of the Gaming ±.et 1908, or *ny amendment thereof. The statement of fact as outlined by his Honor was as follows.— . (1) The plaintiff club is a racing club entitled to use the at its race meetings. (2) It has been found by >ew Zea land racing clubs that where a great number of horeee start in rrace there IB real danger to life end limb ef riders and horses taking P«rt therein by reason of accidents happening, and it is feared that, unless some steps are taken to prevent unduly large fields, a serious catastrophe may occur. (3) The club is desirous of avoiding the danger last mentioned by adopting, after approval by the proper racing authority, a scheme the essential features of which are now described, namely: —

(a) In any race where the number of horses starting exceeds twenty, the stewards may order the race to be run in two heats* or division!!, and, in such cage, the following provisions shall be applicable. (l>) The first heat, or division, shall consist of half of the field handicapped at heavier weights, and the second heat, or division, half of the field handicapped at lighter veights. In the ease of an odd number of horses accepting the competition shall be divided cc that the greater number of horses shall start in the first heat, or division.

(c). AH starter* in the race shall be planed in the hands of the starter at the same time, and the totaliaator shall be closed at the same time as if tin; race were to be run in one heat.

id). The starter is to dispatch the first competitors in the first heat or division, and, after a safe interval, competitors in the second heat or division.

(c). Winners of the first an/1 second heats, or divisions, shall be deemed to have run a dead heat for first place in the race within the meaning of part 17 of the Rules of Kacing. If one or more horees run a dead heat far first place in either of the heats or divisions of the race, the horses so running a dead h<>at, together with the wirnirr or horses running A dead heat for first place, as the. eaae may be, in the other heat or division, shall, for the purposes of the eald rule 17, be deemed to have run a dead heat for first place. A HEAT OR A RACE. The question involved more than the bare consideration as to whether the race can be run in heats, declared his Honor. "It also involves the question a> to whether, if run in heats, it can be run in accordance with the scheme suggested. This scheme, stripped of all technicalities, provides for a separate prize being given for each heat, and precludes any competition between the winning horace in each heat. I think, therefore, that there Iβ nothing in the statute to prevent the race being run in heate, but a heat may very easily be converted into a race. If the conclusion of the contest results in the winning of a prize that contest is a race whateTer name it may pass under. If, on the other hand, it is a preliminary contest to decide as to which horses shall be contestants in a further competition, that is a heat. This is the popular distinction between a heat and a race, and I think it is a construction that would be applied in interpretation of this statute.

"It ii submitted for plaintiff that the word 'race' should he interpreted in the manner that racing men conversant with the rulee of racing in New Zealand would interpret it. This may be so, but I prefer the interpretation that the public, without any more special technical knowledge than the ordinary racegoer poesesees. would place upon it." Again, referring to the interpretation of tbia point, the learned judge went on to say that a man with teehnieal knowledge of the rules of racing in Xew Zealand that would induce him to attach the meaning of the words "race result*" contended for, would be aware that the rules prohibited a race being run in heat*. If, therefore, it is to be attributed to the legislature an intention to uee words in a technical sense as understood by a person conversant with the rules, there muat also be attributed knowledge that the running of a race in ht-ate is prohibited, which at once narrows the interpretation of the word, and destroys the basis of the argument.

IX THE POPULAR SENSE

"As already stated, I think that it is in the popular sense that the word is used, and that, used in that sense, it predicates contests running in an absolute winner. The fact that it may result in a dead heat, and that, under the rules, such a dead heat is not run off. but the prize is divided, does not affect the position." '

The Judge declared the question as to the meaning to be attached to the word ' race" l>y the statute could be considered from another point of view. An examination of the Gaining Act as applied to horse racing clearly showed that, in limiting the number of races to be run, the intention of the Legislature was to restrict the amount of gambling. It had been urged by counsel for plaintiff that the scheme proposed would not increase the amount of gambling on c race m which it operates. "I cannot agree that this is so," hie Honor continued. A very large number of the ordinary public at a race meeting limit their betting o» a. race to backing one horse. "Locked at, therefore, from either point of view, I think it would be a breach of the law to run a race in heats unless there was a final heat, which would result in an abeolute winner of the race. The scheme in its entirety, therefore, cannot legally be carried out. There is no legal objection to the first four clauses of the scheme. The fifth clause must be modified to provide that «t least the first and second horses in each heat shall compete in a final hpat, the result of which shall decide which horeee are winners of prizes in the rare. The totalisator must on no account be reopened for the final heat, but, as n^o-

videc in thuie three, ~,- •, ■ the particuar race, be cWa *2fa? starters in the preliminary ■ placed in the hands of th» staiw * remain clowd (of course as rtoCZ.'S! race only) until the finish rf2r2S heat. How far part XXIX of JEHU * of racing may require to he aIbUM at all, to comply with the spirit Til scheme it is unnecessary for m* Z I? eider. —••■».

The scheme as modified M?t -. practicable," added his Bonw £2? olusion. "I am afraid I caa,£ 2L that. It is, in my opini<«, SI iSt scheme that cau be carried «uJ* under the Act."

With reference to co»ta, Mr Auti_ Reed said "I think in every east i*s ever the result may be, where uiuSt is taken of facilities pmiJuT Declaratory Judgments Act to okuiT , declaratory order statute, and in which for that botJthe Attorney-General i« made ?££ plaintiff should pay coeti.

At the hearing Mr. C. P. Skemtt tfu (with Mr. Johnstone) apMand tiff, and Mr. W. G. M. e <w'£rS: peered on behalf of the AtteraeV^^J