WRESTLING LAW

Dominion, Volume 28, Issue 232, 28 June 1935, Page 17

WRESTLING LAW

Action Against Police Department ISSUING OF PERMITS Resulting from its failure to obtain from the Police Department permission to stage wrestling bouts in Wellington this season, the National Sporting Club; Incorporated, of Wellington, laid a claim before the Full Court yesterday for the overruling of the department's decision. The hearing was adjourned until to-day. Although armed with evidence on the relations of the club with tbe New Zealand Wrestling Union, national promoting body, and with the Police Department, counsel on both sides have so far confined their argument to questions of law. indicating that no other evidence will be called. The central point discussed yesterday was the validity of the police regulations under which the permits were issued, and on this subject counsel quoted legal authority as far back at one stage as Magna Carta. Cited as defendants by the National Sporting Club are Ward George Wohlmann (Commissioner of Police) and George Bennett Edwards (Inspector of Police).

The club applied for an order declaring: (a) That regulation 8 of the Police Offences (Wrestling Contests) Regulations, 1931, Is invalid, as being beyond the powers conferred on the Governor-General-in-C-ouncil; (b) that the club was entitled to a permit under section 72 of the Police Offences Act, 1927, to hold a wrestling contest between Earl McCready, of Canada and George Walker, at the Wellington Show Association’s stadium on the night of June 3 last, and that the permit was wrongly withheld; (c) that the club is entitled to hold a permit at any future time and place upon the like application in the like circumstances.

On the Bench are the Chief Justice (Sir Michael Myers), Mr. Justice Blair, Mr. Justice Kennedy and Mr. Justice Smith. Mr. F. C. Spratt appears for the club, and Mr. H. H. Cornish, K. 0., Solicitor-General, with Mr. J. D. Willis. for defendants.

The scope in which the inquiry was to be conducted came under review when Mr. Cornish, on points of law, submitted that it should be confined to section (a) and that (b) and (c) should be struck out, After argument it was decided to submit the following questions to the court: Are the regulations valid? Must a permit be granted with involves discretion on the part of the police? If granted, what is* the limit of the discretion? Apart from a few digressions (which are reported in another column), discussion proceeded along these lines during the day’s hearing.