SUNDAY CONCERTS.

New Zealand Herald, Volume LXVIII, Issue 20897, 12 June 1931, Page 12

SUNDAY CONCERTS.

ACTION BY CITY COUNCIL. DECISION TO PROSECUTE. UNCERTAINTY OF POSITION. B THE ENTERTAINMENT ELEMENT. A decision to prosecute in cases where it was considered that the holding of Sunday concerts contravened the provisions of the Municipal Corporations Act was made by tho Auckland City Council last evening. The city solicitor, Mr. J. Stanton, reiterated an earlier opinion that to succeed in such a prosecution the council would have to establish that the concert or entertainment element was the dominant element in the programme. "If it is thought that this can be done, or even that there is a reasonable probability of so doing, the council would be justified in prosecuting," added the solicitor. Reporting later in detail on various Sunday evening performances Mr.' Stanton said:—"The concerts by unemployed musicians appear to be concerts in the ordinary sense, and so to constitute a breach of section 109 of the Act. Purposes o! Evening Gatherings. "Regarding the Majestic Theatre evenings, these gatherings are advertised as 'Sunday. Evenings at the Majestic Theatre,' and the most prominent items in the advertisements are the pictures to be shown," continued Mr. Stanton. "These advertisements do not indicate that tho meetings are in furtherance of any religious, social or political purpose, nor do they show what individuals or society promotes them. Prima facie they look. like entertainments with an address introduced for the purpose of giving an appearance of being something else. "In each case tho address is advertised as being short, and reserves ara provided for. I think the council would be justified in prosecuting in the<se cases, although the result no doubt would depend to some extent on what the promoters could show to be their object in holding the gatherings. The Labour Party. "In connection with the Labour Party meetings in the Prince Edward Theatre, the advertisements ,of these gatherings suggest that they are primarily intended for propaganda purposes on behalf of the Labour Party, and that the entertainment clement is introduced for the purpose of drawing an audience, who may be reached or influenced by the address or lecture. I think a prosecution in these cases might be difficult, and I would suggest that if the council decides to prosecute in the Majestic cases, these be taken first, and a ruling may then be obtained which would be some guide in relation to tho Prince Edward Theatre cases. "In the absence of any judicial pronouncement on the meaning and construction of section 109, and also where the facts are not completely known, it is evident that any cases taken must be in the nature of test cases, and the result for the present must be regarded as uncertain," added Mr.- Stanton. Committee's Recommendations. The Legal and By-laws Committee recommended: —(1) That no further permits be granted in the meantime for concerts by unemployed musicians; (2) that the city solicitor take action in accordance with his report to prosecute in those cases where he considers a breach of section 109 of the Municipal" Corporations Act, 1920, has occurred. Mr. T. Bloodworth moved, as an amendment, that no further action be taken. This was defeated. Miss E. Melville moved that the clause be referred back to tho committee with instructions that the city solicitor take action in the case in which he thought there was most chance of succeeding. This amendment also was lost, and the report of tho committee was adopted.