GOLF DISPUTE.

Auckland Star, Volume LXIII, Issue 207, 1 September 1932, Page 8

GOLF DISPUTE.

WOMEN MEMBERS WIN

SATURDAY, :MSRNING P W

<pI.TO»e BY-lAW- MryAltfD.

SUPREME CQXXRT JUDGMENT,

i Judgment in favour of plaintiffs was giveiii ;fcy Mr* Justice Herdman, to-day in the' case in which four women memberj of the Pupuke Golf Club, had taken action against the club committee. The main-point ; at.issue was whether a by.fcrojubiting .'.the women members ft<?ni; play before, 3 p.m. on Saturdays could, be enforced. Plaintiffs,' ( ' were. Alma Williamina O'Neill; Grace Aginee Sinclair Macdonald, Winifred Oiive Stevens and Mabel Marjorje : i Stevene, all of Takapuna. Tlhey hati- heen punished by fine for disobeying/the by-law and were suspended from membership.' They claimed that " the action taken; against them was irregular and- unlawful, inasmuch as the by-law unser.: which • tfie .'committee had purported! to'",,acfc was. ultra vires of the cdin'mifijee's powers, and was therefore '£•■': ; ' ■- ■"-■■: ■■ Hia;: Honor *aid- the: by-law read: "Saturday morning play by lady members,"other?, than week-end members, is absolutely.prohibited. The course, is, however,' 'open to' lady ' members .on Saturday, afternoons, but only on condition "that tjheir'round must not start till-'after 1 S'p.m; and tintil all gentlemen players have, commenced their matches, andjthafe'.right;of rway; must b6 given to the .men at; all times.' , - ■•. •',;:■■•.. , i „ :■..' , Conflicting Evidence. ■ -Kmade; ■isa the de-. fondants to'preserve the greens.and to;allow'men members to' conduct their cofitpetitiona without congestion and interference,. 'said -Tile '-Honor." On the others hand;'; other -' witnesses l declared that there" waaJ no necessity for such,a that.; the*, grounds could be prcjjerly; maintained without it being necees'ary to ■gjivftCt.o ymemplayers what viriuallyarnounted: to'a monopoly of .the covf&e on> Saturdays. : may have;been, the J na ?n purpose.of the committee when it •made, the by-law," said his*^Hfl^r^:^therd ; eaii:be no doubt that ineiaentally, .'it:V restricts the playing rigfita <i£;;a' section: of the members." ■QSfiif ivjdenee, was so Conflicting that it W^'- / 4mpossiblev ; fbr him to decide whethory in'facf;, it was necessary in the interests of the club as a whole that the prohibition created by the by-law should exist. . He-.would therefore have to eonfine himself to deciding whether, as a. matter of law, the committee had powers; After diseuejaiigr/thevlegal- aspect of the club's cofiejtttiitiojV,- M« Hfihor st>'-<\ he was inthat" the by-law in question ?iiiine_tL at securing a monopoly of: -course, certain members on Sa&3ays : ,up' tUI 3-p.m. Even when thatrtiine "atiiyed ;the women were required ;by. the. by-law to see that all mift' I 'playew h*l .commenced their matcjfi£S, ; an.d right'.'of way must be given to S'lt^seemed -strange that in pl*c^ig ) '!ieeiifi<!tions' upon, women's play, *as not followed as,in thjafjsagig; of Junior members and limited menifcere,->;. ' ; - ; " ; ''l-.,- Special Facilities For Men. j"ttiiinlt it ie plain that the rule cannot Jiinre;tieen- devised for the protection of -the grounds ;inl the:*iritereete'.'•of > all Mb-Honor, ae I Save pointed, ou£j menand boye may, if they like^Sjie"?the "links on' Saturday .niorn-committee-must 'have had eotoi»:eth*r/ object-Invievr and that je& Appears to h&ve >beeri to give men player* special, facilities on Saturdays. Ttl-Tift'a.y 'be ;that! merif players who are debarred' ty circumstances from using thb eonr*»<dnring : the week were entitled to ! "ietne- : epecial cbiteWeration, but can they'gfet'that by meanst of a by-law whi'en eartails the rights of other membest*?-;-'- ■;•: --:-■ ■ ■■/; -.v. ■•• = SfJe" Honor : nile3 that in tie , present case- -the joWers' p'f 10|e', committee' were circriiheeribed. It ; wae' obvious that in the interests of all. members of the clul) some power-to discipline meinbere must be did this rules in the present instajaiee;.po to* flie- length of enabling the 'ednjinittee to make a by-law : Which beninCed- one section of membera: only, arid wMcn reetric'ted the playing rights of another section? "If I decide that the by-law is valid, then it eeems to me it will W difficult to determine the limit of' what would amount to an arbitrary authority of a committee over members' rights to play," he conclnded. . Judgment. wae • given' for plaintiffs, witk cost*"ae per scale.