SUNDAY TRADING.

Dominion, Volume 1, Issue 158, 28 March 1908, Page 6

SUNDAY TRADING.

. AN -AUSTRIAN STOREKEEPER FINED. Ibt v xir.Eanirn—srKciAt, coitßESPOtfciNT.l . Auckland, March 27. [ The Activity 6f : tho'p6lico Jatoly'-in regard to : trading has .resulted in many cases boirig brought; before the Police Court. On Thursday a. small storekeeper, by name C. Jackaie,- and by birth an Austrian,-.vwas charged •before Mr. C. C. Kottle, S.M/, with having,-on .March I,'kept opon his shop, and sold o'ne' bottle';of. "Kop' s_ ale." Sub-Inspec-tor- Gordon appeared on behalf of tho police, ;Mr. : Sirigor ! appearing; for.ithe defendant. ." Evidence'was given by a constable tp tho offect that on tho day in question defendant siipplied'V customer'with a bottle of "Kop's file," which he drank on tho promises. : Singer,' for ,; defendant, » said • that' •Jaeksio kept assort of'restaurant, which had a Ishop'front^'and'.Tfa§'fitted with a. counter. :Th6''.sale'',was admitted,' but. counsel, contended that-any .goods which- might, bo consumed at a'restaurant might also-be .soldi It would against the best . interests of the community to close up restaurants such as thoso on 'Sunday, for it would prevent a certain - class from - obtaining, food! and re■freshment. • • ' . ; • • • • Mr.-Kettle: But tho getting >of a .soft drink on Sunday is not a necessity. , Mr. Singer: Neither is it a* necessity to liavo a meal at all: on Sunday. Why, in Wanganui they go for 30 whole days without a meal. , - / ■ 1 ' ■' ■. ■

. Mr. Kottloßut .i this •. is not . a 'case of eating; , .-• ,■ ■ Mr.Sjnger : Drink is as necessary as food. If this restaurant has to be closed, then every, tea' kiosk- rand every restaurant in the city must ;be closed, for many persons go info,these places,:. especially kiosks, merely' for the purpose of .getting a'drink of tea. - r Mr. Kettle: .Yes,- I know many persons who go to church . both morning and evening, often, during an afternoon's stroll, visit a' tea, kiosk and partake of afternoon tea. ■Their ! visits to the .kiosks cannot possibly arise from necessity. . .Sub-Inspector-Gordon said this man was* one of-a-class of foreigners who came here<j and opened a shop..,, , \ Mr. Kettle:, Yes, and why shouldn't they? • Mr. Gordonßut they have no regard for laWsvor trading conditions, and have no hesitation, in'y. traw3in'g r on Sundays. . Thero is no/supper -room on the promises. It is a shop pure and Mr;' Kettle, in giving judgment, said that he had a,'great ; of sympathy with Mr. Singer's .argument in, reference'to a certain L class of people who desired to visit this class of' restaurant' to purchase food and drink on a Sunday, but he had to administer the : law as he found it, and could only sug-gest-that Parliament be approached to amend tho Act which at prosent did not class "soft" drinks; -fruits, etc., as necessities. There was no doubt that a large number of persons woro offending against this law, and only'an occasional! one was brought before him. 1 Defendant was convictrf aiid.vfinod. £I'and costs. Mr. Kettle,; in' granting Mr. Singer leave to appeal, ; said ;ho coula not agree with Sub-laspector ,Gordon's remarks in reference to foreigners,; for. th&y had a right to trado, and if they saw the law being brokon by our own,poopSe, Enrely wo could not expect . anything: different from them. Mr. Gordon: This is._a class of case in, which breaches -by, foreigners' predominate. In the case 1 ' of bona fide restaurants the jjplioe- would-not .think -pf -te&jg. actdoo,