THE NEW BY-LAWS.

Press, Volume LXV, Issue 13332, 26 January 1909, Page 8

THE NEW BY-LAWS.

TEST CASES TO BE BROUGHT. THE THEATRE SEATING QUESTION. Several test cases to enforce the provisions of several of the new city bylaws are to be brought shortly by tho City Council. At a meeting of the Council last night, the By-Laws Committee reported regarding the theatre by-law that it had been decided to tako proceedings for a breach of section 21 of by-law No. 4, 19U8. As the City Solicitor "could not see his way to draft the by-law, the Council would remember it was drawn by Mr T. F. .Martin, solicitor to the Municipal Association. L nder those circumstances the committee had thought it advisable to engage Mr Martin to appear in support ot the bylaw. Tho committee had decided to test section 24 (d) of by-law No. 4, with a view to ascertaining wnether it carried out the intention of tho Council to prohibit the use of corrugated iron for rooting material within the inner area. Si-eps were being taken to enforce tho provisions of the by-law relating to licensing sky-signs, hoardings, and balconies.

In connection with the proposed theatre by-law prosecution, the following telegram was received from Messrs Jonn Fuller and Sons, Wellington :-

"Re theatre by-law: As we understand that a prosecution is contemplated against ourselves, we submit in lairness that action should also be taken against other offending Christchurch theatre licensees and lessees, particularly travelling managers, whose continued offence we understand necessitated tho passing of the by-law. Aiay we ask tliat our letter of November 20th bo read again at to-night"s meeting."

Cr. Hall, Chairman of the By-laws Committee, said it would be advisable to adept the report of the committee with reference to the prosecutions necessary. and give the committee power to proceed if they thought lit. With regard to the case placed before Mr Martin, there wero ono or two difficulties involved, but they could be overcome by instituting a prosecution, in which tho circumstances were slightly different. Regarding the proposed defendants, he would point out that Fuller and Sons were running permanent entertainments, but the other gentlemen referred to were not, and they were not breaking the by-Jaws os continuously as Fuller's firm wore. It was entirely at the discretion of the Council whether they should institute proceedings against Fuller and Sons or against tlie whole lot. Ho did not know whether it was desirable to proceed against all. but if the Council were successful against Fuller and Sons, then that firm might rest assured that the Council would stop-everything else if that was the trouble. The breach was going on daily, and tho Council had to face tho position. Tho by-law had not been framed for tho purpose of preventing overcrowding, but for the purpost* of giving poorer patrons reserved seats at the theatre. As far as was known there had been no overcrowding since the by-laws were passed. What the lessees objected to was that they were asked that in every part of the bouse the seats should be numbered and reserved for the holders of corresponding tickets. With regard to the people who sat in other people's seats, the Council would have to make some arrangements to put a stop to that. The managers stated that if the by-law w_s to be carried out properly, largo additional expense would be caused, and the prices would have to be raised. Whether it was desirable under those circumstances to no on with the prosecution was not a matter, he thought, with which the Council had to deal that night. Tho Council had taken that phase of tho question into consideration when they adopted the bylaw. He would move the adoption of the clause relating to the seat-number-ing.

The motion was seconded by Cr. Horsloy.

Cr. Sorensen said it seemed to him that the managers had made up tbeir minds that the by-law was ultra vires, and that they would not conform to it. Many of the Councillors bad supported the by-law for the reason that it would prevent overcrowding, and ho hoped •the Council would'go on with the prosecution. A similar by-law had been tried in many places elsewhere and had acted admirably.

Cr. Hyde asked how the pit or gallery seats could be numbered. There was really only a floor to number.

It was pointed out to Cr. Hyde that tlie gallery and pit in the theatres were now numbered.

Tho Mayor said an effort should bo made to uphold the Council's by-law. The object the Council had in view of stopping the rushes at the opening of the doors would not be achieved by carrying out tho wishes of tho theatrical managers.

The motion for the adoption of tbo clause relating to tho seat numbering was then put and carried. Tho other clauses in tho renort were adopted.