SUNDAY TRADING.

New Zealand Herald, Volume XLV, Issue 13708, 26 March 1908, Page 8

SUNDAY TRADING.

A FOREIGNER FINED

S A "SOFT DRINK" A NECESSITY?

Tub activity'of the police lately in regard to Sunday trading by small shopkeepers has resulted in many eases being brought before the Police Court. Yesterday another small shopkeeper, by name 0. Jacksie, and by birth an Austrian, was charged before Mr. 0. ('. Kettle, S.M., with having, on March I,' kept open his shop, and sold one bottle of "Kop's ale." Sub-Inspector Gordon appeared on behalf of the police, Mr. Singer appearing for the defendant. Evidence was given by a constable to the effect that on the day in question defendant supplied a customer with a bottle of "'Kop's ale," which he drank on the premises. Mr. .Singer, for defendant, said that Jacksio kept a .sort of restaurant, which had a shop fro. and was fitted with a counter - The .sale was admitted, but counsel contended that any goods which might bo consumed at a restaurant might also be sold. It would be against the best.interests of the community to close up restaurants such as these on Sunday, for it would prevent a certain class from obtaining food and refreshment. . , . .. Mr. Kettle: But the getting of a soft drink on Sunday is not a necessity. Mr Winger: Neither is it a necessity to have a meal at all on Sunday. Why, m Wanganui they go for 30 whole days without a meal! . , Mr. Kettle: But this is not a caso of eating. , . ' Mr. Singer: Drink is as necessary as food. If this restaurant has to bo closed, then every tea kiosk and every restaurant in the city must be closed, for many persons go into these places, especially kiosks, merely for the purpose of getting a drink of tea. Mr. Kettle: Yes, I know. Many persons who go to church both morning ami evening often during an afternoon's stroll visit a tea kiosk and partake of afternoon ten. Their visits to the .kiosks cannot possiblv arise from necessity. Sub-Inspector Gordon said this man was one of a class of foreigners who came here and opened a. shop— Mr. Kettle: Yes, ami why shouldn't .thevV Mr. Gordon: But they have no regard for laws or trading conditions, and have no hesitation in trading on Sundays. There is no supper room on the premises. It is a shop pure and simple. Mr. Kettle, in giving judgment, said that he had a great deal of sympathy with Mr. Singer's argument in reference to a certain 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 suggest that Parliament be approached to amend the Act, which at present did not class "soft" drinks, fruits, etc., as necessities. There was no doubt that a large number of persons were offending against this law, and only an occasional on© was brought before him. , Defendant was convicted and fined £1 and costs. Mr. Kettle, in granting Mr. Singer leave to appeal, said ho could not agree with SubInspector Gordon's remarks in reference to foreigners, for they had a right to trade, and if they saw the law being broken by our own people surely 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 of bona-fide restaurants, the police would not think of taking action.