MAORI FOOTBALLERS IN COURTS.

Dominion, Volume 1, Issue 238, 1 July 1908, Page 2

MAORI FOOTBALLERS IN COURTS.

" DISPUTE AS TO PROFITS. [FEOlt oca 6PECIAL . CORRESPONDENT.]

'". ■' ;' Sydney,. June-24.' ~ , The members .of the Maori team of foot>J bailers are figuring as defendants in a', suit < instituted this week in:the Equity Court in Sydney, at the instance of, Robert. M'Keithuey Jack, who claims a certain share of the profits of. the present tour. In, his statement of claim, Jack sets out that,in October : last ho-entered into-negotiations with' Albert Asher; the captain ofstlie team, then, residing; in Auckland, and> now-travelling the : Commonwealth,. for the. organisation of; the teani, .'and a tour through Australia. It was agreed that; the defendant Asher should select and organise the team in New Zea- ■ land,land that plaintiff .should act as its re- ' presentativq, in Australia, and enter into arrangements* with the New South. Wales Rugby Football League and other bodies for matohes. The plaintiff declares that ho ex-.. pended a great deal of: money, time,''and :, trouble, in arranging for the tour." In Do- , comber last, ho states, it was agreed between the'plaintiff and tW. team, through the -da- 1 fendant Asher, that as the> visit haa'been ar- ;- ranged -at the ' instigation, he should bo recompensed for his services by re- . ceiving; five ,per. cent, of the net receipts •. from the gate money, the plaintiff at the same time agreeing: to divide,his sharo with : the defendant Asher in return for the-'assist-ahce' rendered by him to the plaintiff iii com- 1 pleting the ' arrangements. ■ In the early - , part of 1908 the'team decided to all: future negotiations for -the tour direct with- the Now South' Wales Rugby, Football d League, and did not utilise the services of plaintiff any longer as tho representative of the team in Australia; but did not,. he says/ •. in any way repudiate'his. light to-share ia tho- profits. On the arrival of Hho team in Sydney, the defendant Asher-interviewed i plaintiff, and did'not, it is contended, in any way repudiate his riglits, but later on Asher failecf to keep various appointments ■; he had made with the plaintiff, whose solici-.. s tors, accordingly wrote to him in the follofl» y ing terms on June 9:—. . , « : . "Mr., Jack tells us that ho. has .been.iißv : gotiating with you in the' hope of an -amicr ; able settlement, but that the same .has ap- " parently failed. We are now instructed to'-, inform you .that unless satisfactory arrange*. • ments be mado forthwith for protecting our ; client's interests, proceedings will be takes' in the. Equity Court' without further delay. ; Meanwhile, we have written to tho New ■ South Wales ;Rugby Football League, giving ; them notice of our client's claim, and'warning them against paying any moneys over to ; tho team." . , ; The plaintiff received the following letter ; from Asher on June 11:— • .. . ' "In reply to your letter of the 4th.inst.,,;-, I liavo to say that I made: you a fair offer of 25- per cent, on our sharo of tho first gate, " so that you should not \bo disappointed at:, not having no interest in the Maori tour. I never agreed to pay yon any commission, , Mr. Jack, as you know the team refused to , agree to your terms. Thoreforo, I do not ... admit that you are eiititled to receive any- : thing out of tho proceeds. If you are ob- .; stinately bent on legal proceedings,' you will please address all future communications to > my solicitor, Mr. J. J. Jagelman, Castle- j rcagh Street, Sydney." '■-■ : . Plaintiff now asks tho Court to take ac- i counts of tho amount ho claims to bo duo : to him, that a receiver bo' appointed of'all ' ; gate moneys, and. that the defendants be ordered to "pay him'what' is due. '_ ] The matter was before tho Equity. Court on Tuesday morning,'when'Mr. Maughan,-on . ; behalf of tho plaintiff, asked that :as the ; team is at. present in Queensland, service should' bo permitted out of tho jurisdiction, ! of tho Court upon those of the defendants -K named in tho summons who had not already ; been served. It was tho intention of tho j team to return to Now Zealand in August, and it was desirable that the suit should bo . heard as soon as possible. .- 1_ . , ■Mr. Justico Simpsoh, Chief Judge in !<■ Equity, granted the application, and allowed ; , the defendants 21 days to enter appearances ;. in the suit. ;

For Broncnial Coughs tako Wood's ; Groat 1 :I JeDDermint Cure. Is. 6d; and ?a. Gd. " s'Sjl . |