THE NAUTICAL FESTIVAL.

Evening Star, Issue 10782, 17 November 1898, Page 2

THE NAUTICAL FESTIVAL.

THE SECRETARY FINED FOR RUN- . . . NING A LOTTERY. 'HEAVIER PENALTIES NEXT TIME. James John Marlow was charged at the Police Court this morning that, on the sth inst., he “established a lottery at which prizes were competed for by lot.” In answer to the question “ How do yov plead?” defendant said: “I am advised that there has been a breach of the law, sol "suppose I have nothing to do but plead guilty.” Sergeant O’Neill: Defendant was secretary to the Nautical Festival, which too* place at the beginning of this month and the latter end of last. It was held in the Agricultural Hall, for the purpose of liquidating the debt in connection with the Catholic Church at South Dunedin. They applied to the Colonial Secretary for pe> • mission to hold an art union, and were granted permission, but they were to comply with section 18 of the Gaming and Lotteries Act, and that was the condition of the permission. Of course, it was represented that they were to dispose of works of art —paintings and so forth, and Mr Carew: That is all the permission could be granted for. Sergeant O’Neill: That is so. But in respect to one of the prizes as shown on the programme, the winner was to be presented with a bicycle; the winner of another prize was to get a suite of furniture ; and the winner of another was to have a saloon ticket for a trip round the colony, available for six months. There were also a number of dolls and fancy good- - of that kind. We hold that the law 1 ;,s been contravened by introducing articles which are not works of art. A bicycle is not a work of art, nor is furniture, nor a steamer ticket, and a doll is not a work of art. That is how the matter stands.

Mr Carew: This was certainly a very shallow attempt to evade the provisions of the Act. There have been, I think, two previous cases in this Court? Sergeant O’Neill: Yes, your Worship—against the boating club. His Worship: This may be a very serious matter under the Gaming and Lotteries Act. Section 18 says : “ Any person who shall manage or conduct or assist in managing or conducting any such lottery or scheme shall fpr every such offence forfeit and pay a sum not exceeding £200; and for any second offence, besides such penalty, shail be liable to imprisonment for any term not exceeding six months.” Defendant: I wish to say, sir, that we had a previous one, and were not informed then that we were infringing the law, and we were not aware that the law had been amended. Mr Carew: But it has not been amended. If you did it before, and had been convicted then, on being convicted now you would have to be imprisoned. The object is, no doubt, a good one, but I find it difficult to find an excuse for you. If these acts are continued I shall have to fix higher penalties, and see what that will do. You are convicted and fined 40s, with costs 7s,