SUNDAY TENNIS

New Zealand Herald, Volume LXXI, Issue 21782, 23 April 1934, Page 8

SUNDAY TENNIS

ATTEMPT FRUSTRATED p" VICTORIA PARK INCIDENT NETS REMOVED BY COUNCIL An attempt made at Victoria Park yesterday by Mr. C. Bailey, a member of the Auckland City Council, to test the validity of the by-law which forbids the playing of tennis and other games in the parks or reserves of the city on Sundays, was frustrated by the action of the caretaker of the park in removing the tennis nets. In spite of this handicap Mr. .Bailey and a friend played across an imaginary net, although the caretaker, Mr. G. Smithers, warned them that they could not play. Notice of his intention to test the by-law was given by Mr. Bailey at the meeting of tho City Council on Thursday evening, when he was successful in having carried by a bare majority a resolution which would have the effect of amending the present bylaw so that the playing of tennis would be permitted on Sundays on courts under the jurisdiction of the council. When Mr. Bailey stated that the by-law as at present drawn could not be used to prevent a citizen using tho courts on Sundays, it was suggested by the deputy-mayor, Mr. A. J. Entrican, that he should test the bylaw. This Mr. Bailey promised to do. Criticism of Council Having advised the .council officials that he proposed to make the test at Victoria Park, commencing at one o'clock yesterday afternoon, Mr. Bailey arrived on time only to find that the nets had been removed from all the tennis courts. "So they have burked the issue," said Mr. Bailey, when he noticed with evident amusement that the nets had disappeared. "I regard that as a clear-cut victory. They are not game to let me test the by-law. I consider the by-law xiltra vires. No civil authority has the right to take upon itself the duties of a religious authority. Because any council does not believe in Sunday tennis it has no right to invoke the civil authorities to prevent such play. "A council composed entirely of Seventh Day Adventists would be on just as good ground if it decreed that all sports areas must be closed on Saturdays. This will make the council more ridiculous than ever. Mr. Entrican positively invited me to test the by-law, and although I expressed my willingness they are now depriving me of the opportunity of doing so. I't is a confession of weakness. Warning To Players By this time Mr. Bailey's opponent in this test game had arrived and he not only expressed amazement when the absence of nets was pointed out, but said he regretted that he had not had the foresight to bring a net with him. . It was thereupon decided to play without a net and after a few exchanges the caretaker, who lives at one end of the park, arrived on his bicycle. "So you have come, Mr. Bailey," he said, evidently having been on the lookout.

"Yes, George," replied Mr. Bailey, "what are you going to do about it?" The caretaker was somewhat nonplussed at the unusual situation, but contented himself with warning them against further play, and walked away. After some further shots the two players also left.