GOLF DISPUTE.

Auckland Star, Volume LXIII, Issue 198, 22 August 1932, Page 5

GOLF DISPUTE.

PLAY AT PUPUKE. WOMEN MEMBERS' RIGHTS. RESTRICTIONS ON SATURDAY. ACTION AGAINST COMMITTEE. "One regrets that the court has to be troubled with the internal control and administration of a sporting body," remarked counsel for plaintiffs, when a dispute between the Pupuke Golf Club's committee and certain of its women members was ventilated at the Supreme Court to-day before Mr. Justice Herdnian. Alma Williamina O'Neill, Grace Alice Mac Donald, Winifred Olive Stevens, and Mabel Marjorie Stevens, of Takapuim, sought an injunction against the club to prevent interference with their rights and privileges as members. They claimed the right to play on the club's course on Saturday mornings, despite a recent by-law passed by the committee to restrict their play until 3 p.m. on Saturday.

Counsel said the Pupuke Club was one in which there was no distinction in the rules between the rights of men and women players. Members of each sex were full playing members. The committee had this year brought into force a by-law restricting a certain class of women players from using the links until after three o'clock on Saturday. Those so restricted considered the rule ultra vires, and had asked that a full meeting of the members should be called to deal with the matter. They stated that they would abide by whatever the meeting decided, but the committee refused to acquiesce. They then had either to obey a decree which they considered beyond the power of the committee, or resign. Question of Committee's Powers. Counsel said the only restriction as to the rights of play, in the rules, concerned junior members, who were not allowed to play on • Saturdays or Sundays. "We say the committee wronglv arrogated to itself the right to limit the play of a class of full playing members and that an alteration of the rules can only be done by a general meeting," said counsel. "The whole question turns on the point whether the committee has power to make a by-law under a rule which gives it power tQ make by-laws for the regulation of the clubhouse, grounds and link's, and the arrangement and control of games and matches. Could the limitation of the rights of play of the women be said to come under this?" • Counsel explained the precautions that were taken to safeguard the condition of the course and greens and the practice of closing greens against play when the weather conditions rendered it necessary, Also the regulating of the games and matches. These were matters which affected every member of the club and were utterly different from a ruling which said that a class of people could not play at all. If the committee's action was justified they could equally justifiably say that men who could play during the week could not play on Saturday or Sunday. If the committee wished to prevent women from playing oh Saturday there must be an expressed rule, as differentiated from a by-law. Judge's Question. Mr. Justice Herdman: Supposing the membership became so big as to make the conditions for play inconvenient — would the committee not have the right to make rules for controlling them? Counsel: Only by general meeting. What we have to remember is that there is no distinction between women and men in the club; they are all full playing members. His Honor: You say that the women, as full playing members, have the same rights and privileges as the men, and if any alteration is to be made to the rules it must be done by general meeting?— Yes, there is no power to discriminate against a class of players.

Counsel added that plaintiffs did and would welcome the avoidance of Court proceedings by the simple and direct method of taking a vote of members. That was the proper, democratic, and decent way. Affidavits would show, that two of the plaintiffs had expressed their willingness to abide by any opinion expressed .by general meeting. As it was, they had been fined and suspended. Opening the case for the defence, counsel stated that he was reminded of an observation by Dr. Johnson, namely, that members of a club must be clubable, quite apart from the rules, and must act in a spirit of friendly tolerance and sportsmanship. The evidence would show that it was necessary for work to be done oh the links by the groundsman. His opportunities were limited. It seemed that the committee must take notice of the actual facts.

His Honor: The point raised is whether they can do it without calling a general meeting.

Counsel said he would deal with that point. He commented that it would be very inconvenient if the committee did not have the power to make by-laws to meet certain conditions which might be quite temporary. He submitted that the rule gave the committee full power to control games and matches, and therefore covered the point at issue.

His Honor: This by-law definitely takes away the rights of one particular class.

Counsel: There are by-laws taking away the rights of both men and women.

His Honor: Is there any difference between the subscriptions of men and women ?

Counsel: Yes, the women pay less. His Honor: As a class, I suppose they have less money. (Laughter.)

Counsel said when the by-law was first made it was not enforced, it being hoped that the lady members would refrain from making such action necessary, but they had played in such numbers on Saturday mornings as seriously to interfere with the preparation of the greens. It had, therefore, become necessary to enforce the by-law.

Counsel submitted that the committee of the club had. the necessary power to make the by-law concerned in the case. The by-law was one for the regulation of the grounds and was actually in existence when two of the plaintiffs joined the club. Whenever men and women played together in a club, the distinction between their rights had to be drawn. The club had a perfect right to make a comprehensive survey, and make such regulations as were necessary to ensure that all members should best be able to benefit from membership. His Honor: Is it not necessary to prove that it was essential for the course to ba attended to on a Saturday morning? Counsel: I submit that that is indisputable, sir. The hearing is proceeding.