RACING CONTROL

New Zealand Herald, Volume 81, Issue 25050, 14 November 1944, Page 6

RACING CONTROL

NEW RULEJ3HALLENGED POWER OF_PRESIDENT OWNER SEEKS INJUNGIIOW (P.a.) Wellington; Monay ' An amendment of the Rules 0 f R ac . ing was challenged in the Supreme Court today before Mr Justice Blair. Henry' Brickman, beauty specialist, of Masterton,' moved for an injunction restrain! ing the president of the New Zealand Racing Conference, H. R. Chalmers bank manager, of Wellington, and • his successors, from acting under the amended rule. Decision was reserved Mr R. E. Harding, with him Mr T ?r T J ay v r VvP Pontiff, an( J

Facts in Statement Admitted The facts set out in the statement of claim were admitted by defendant Plaintiff was registered as the owner of Salmi, Kinsman and Hinepo on J,Z 14. On March 10 plaintiff was acquitted by three judges appointed by defendant on a charge of being a party to Salmi not having run on its merits in a race at Matamata on February 5. On July 14 the conference, at its annual meeting, amended its rules which now contained Rule 107 A read' ing: "The president may in his absolutediscretion cancel the registration 0 f any horse affected in accordance with the rules " and rule 103 (2) (F), which was to the effect that any horse the registration of which had been cancelled by the president pursuant to rule 107 A was prohibited from being on any • course or. training track under the ■ jurisdiction of any racing club that was a member of the association and was declared to be ineligible to be entered for or started in any race. President's Proposed Action Defendant had informed plaintiff that he intended to cancel the registration of each of plaintiff's horses. Mr Harding 6aid the action the presi- - dent proposed to take could hare the effect of nutting a man out of racing ' becausp if he did not like a man he - could deregister any horse the man ■ bought. Counsel 6ubmitted first , that assuming the rule to be valid plaintiff ! was not bound by it, and. secondly that the rule was not valid for any ' purpose. Visualising some of the practical effects of the new rule, Mr Harding said it would enable the president to overrule decisions of bodies set un to 're- } hear charges of breaches of the rules * if lie did not agree with the verdicts. Supporting his submission that assuming that the rule was valid it was not binding on plaintiff, Mr Harding said a contract had been made between plaintiff and the conference and up to a point plaintiff was bound by alterations in the rules, but there must he a limit to alterations that could be made and which would be binding. The question was where the line should be drawn. Submissions For Defence Mr O'Leary said that Mr Harding had suggested that purpose of the rule ■was to nullify the effect on a person of his being tried and acquitted. The rule, however, did not disqualify Brickman and he could go on a course and bet. No doubt if lie bought another horse and could show to Chalmers that lie was its owner there would be no difficulty about its being registered. The president had indicated he would deregister the horses because he had doubts as to their ownership. Plaintiff and his horses were subject to the Rules of Racing. Plaintiff had been dealt with in accordance with those rules and must submit to the decision of the president. Decision was reserved. OBITUARY MR JAMES TODD

The death has occurred of Mr James Todd, aged 84, who was a resident of Otahuhu for over 65 years. Born at Armagh, North Ireland, he arrived in New Zealand in 1879 and joined his'% brother John in the tailoring and cloth- * ing business conducted under the name Todd Brothers. Mr Todd remained a director of the firm and took an active part in its affairs until a few weeks before his death. He was a member of the Masonic Order and was associated with Lodge Harmony at Otahuhu for over 40 j-ears. As a member of St Andrew's Presbyterian Church, Otahuhu, he took a keen interest in youth work in his earlier years. Mr Todd was also an enthusiastic bowler and a mem- • ber of the local club whose members paid tribute at the funeral by lining the roadway as the cortege left for Otahuhu cemetery. Mr Todd was predeceased by his wife and leaves one daughter and two sons. CAPTAIN O&ARLES OLIIT (P.A.) WELLINGTON, Monday _ The death has occurred of Captain Charles Clift. who served with the Union Steam Ship Company for 30 years before he retired in 1925. His last command was the Marama. For many years since then he had acted as coastal pilot on many large ships calling at New Zealand ports. SYDNEY FLYING-BOATS The following left for Sydney by a Tasman Empire Airways flying- : boat yesterday:—Messrs J. G. McCteJ" land, J. C. French, D. Cameron, T. W. Featherston, F. A. Kirby, H. L. Emingham. H. F. Worthington, K. F. Haydon, Mesdames M. A. Chapman, C. M. Fairhall, M. Cameron, L. M. E. Lopdell, V. E. Everingham, C. M. Croucher, H. G. Lane, M. Miller. The following passengers arrived from Sydney by a Tasman Empire Airways , flving-boat yesterday:—Messrs J. A. Cussen, 0. f. Lovelock. N. W. White, J C. J. Wood, J. White, R. H. G. Chambers, R. A. Rutherford. M. Robertson, H. S. J. Pidgeon, A. Ngan-Ree, D. Ngan-Kee, Mesdames H. E. White, R. Gilfillan. C. E. Pidgeon, M. M. Waugh, E. E. ilorton, H. M, Rabbitts. PERSONAL ITEMS Mr John Farrell has returned to Auckland after several months in the south. Mr J. G. Barclay, New Zealand High Commissioner in Australia, is at the Station Hotel. Mr T. A. Low has been elected chairman of the Auckland centre of the St. John Ambulance Association in succession to Mr D. F. Mackay, who has retired. , Mr J. S. Skinner, of Dunedin, has been elected president of the New Zear land Grain, Seed and Produce Merchants' Federation. Mr M. Laird, of Auckland has been elected to. the executive. Commodore W. K. D. Dowding, R.N., naval officer in charge at Auckland, has been reappointed "honorary naval aide-de-camp to the Governor-General on relinquishing his appointment as naval aide-de-camp to His Majesty the King. Major W. R. K. Morrison, of Auckland, who was wounded while on service with the Second Division and invalided to New Zealand, has ceased to be seconded to the 2nd N.Z.E.F. and has been reposted to the New Zealand Stalf Corps in the rank of temporary captain. His substantive rank is that of lieutenant.