LIMITS OF TOTALISATOR.

Hawera Star, Volume XLVII, 6 October 1928, Page 5

LIMITS OF TOTALISATOR.

INTERPRETATION OF WORD SOUGHT. ißy Tf*^lfraph —t*res? Association.. WELLINGTON, Oct. 5. • The hearing of the appeal by Harold Edward Goggiii, secretary of the New Zealand Metropolitan Racing Club, Christchurch, against the decision of the Christchurch magistrate, Mr E. D. Mosley, in convicting hini ‘that as a servant of a racing club lie did unlawfully permit to be received an investment on the totalisator elsewhere than at the totalisa’ior itself, was continued in the Full Court this morning. Decision was reserved. Besides the main totalisator the club used two separate windows, one in the members’ .stand ami one in the stewards’ stand, and these windows- were not connected with the main totalisator The windows were closed before the main totalisator and after an, official had checked the sales at them stick sales were recorded on ';lie.- face of the main totalisator.

Counsel for appellant submitted that the boxes were part of the totalisatoi and tlia't therefore there was. no offence. Counsel for informant urged that'that argument was fallacious, for counsel had been speaking as to- the popular meaning of the word “totalisator” and had forgotten ‘that what the court had to decide was the meaning of the word as defined in the Act of 1908.

So far as interpretation of the Statute was concerned the word remained the same.to-day as it did in 1881. when the original Act, legalising the use of the totalisatoi* was passed, continued informant’s counsel. Witnesses for the defence ir the court below had spoken as to wha‘: the public considered the word to mean to-day, hut that was no guide as to what the legislature meant in 1881. The boxes complained of had none or the characteristics of the original totalisator, and in the light of the statute they could not- be considered portion of the totalisator. An essential feature was a mechanical device for indication of the amount laid on each horse and, incidentally, the total amount laid on the race. Mr Justice Reed remarked that he was at a loss 'to know why the police had brought the prosecution, for there was no allegation against the Metropolitan Club of abuse. ' X