GOLF ON SATURDAYS

New Zealand Herald, Volume LXIX, Issue 21277, 2 September 1932, Page 12

GOLF ON SATURDAYS

PUPUKE CLUB DISPUTE WOMEN'S RIGHT TO PLAY PROHIBITION HELD INVALID A decision in favour of the women members of Iho Pupuke Golf Club who took action in the Supreme Court again?t the club on the ground that their privileges as members had been illegally curtailed, was given by Mr. Justice llerdman yesterday. " I am inclined to suspect," said His Honor, " that the by-law which is questioned aims at securing a monopoly of the course for certain members on Saturdays up till 3 p.m. Even when three o'clock arrives the women are required by the by-law to see that all male players have commenced their matches and righl of way must be given to men at all times."

Tho plaintiffs in the case were Alma Williamina O'Neill, Gra£e Agnes Sinclair Macdonald, Winifred Olive Stevens and Mabel Marjorie Stevens, of Takapuna. Tho matter in dispute was the legality of the following by-law issued by authority of tho club's committeo: —"Saturday morning play by lady members, other than week-end members, is absolutely prohibited. The course is, however, open to lady members on Saturday afternoon, but only on condition that their round must not start till after 3 p.m. and until all gentlemen players have commenced their matches, and that right of way must bo given to the men at all times." Powers of Committee His Honor said ho could not decide on tho affidavits before him whether the prohibition in the by-law was necessary in the interests of the club, and he would confine himself to deciding whether as a matter of law the committee acted within its powers when it made this by-law. The plaintiffs had been fined for disobeying it, and suspended from their privileges as members. The club could, if it had thought fit, have made a new rulo restricting play on Saturday, but instead of calling a general meeting for that purpose it had attempted to achieve it 3 object by making a by-law. It seemed strange that in placing restrictions upon women's play the same course was not followed as in the case of junior members and limited members. Restrictions to which tho last-mentioned members were subject were prescribed by rules and not by by-laws. " I think it is plain that the rule cannot have been devised for the protection of the grounds in the interests, of all players," said His Honor, " for, as I have pointed out, men and boys may, if they like, use the links on Saturday mornings. The committee must have had some other object in view, and that object appears to have been to give men players special facilities on Saturdays." Eights of Members

It might be that men players who were debarred by circumstances from using the course during the week were entitled to some special consideration, but could they get that by means of a by-law which curtailed tho rights of other members of the club ? The powers of the committee were circumscribed. Was it enabled to make a by-lrfw which benefited one section of members only, which restricted the playing rights of another section, and which authorised the committee, if a breach of the by-law wero committed and the authority of the committee were defied, to take some action against an offending member which involved disqualification for the time being? If he decided that the by-law was valid, then it would be difficult to determine the limit of what would amount to an arbitrary authority of a committee over members' rights to play. Judgment woidd be for tho plaintiffs, with costs.