BREACH OF THE GAMING ACT.

Otago Witness, Issue 3103, 3 September 1913, Page 3

BREACH OF THE GAMING ACT.

UPTON’S TEAS,

NEWSPAPER PUBLISHER FINED,

At tho City Police Court on the 27th August, before Mr H. Y. Widdowson, S.M., Magnus Johnson, publisher cf tho Otago Daily Times, was charged with publishing in that paper on August 2, an advertisement inviting persons to take a share in a lottery,—to wit, an advertisement in reference to cash prizes to bo given to buyers of Lipton’s teas —contrary to section 63 of “Tho Gaming Act, 1903.” Mr Ramsay, representing tho defendant pleaded guilty, and said tho offence was committed by pure inadvertence. The advertisement was received for publication in tho Daily Times from Australia, whero tho law was different, and inserted in good faith. Tho magistrate would notice that it was a long elaborate notice containing many clauses. The only clause which co'uld in any way amount to a lottery was that referring to cash prizes. Until the defendant’s attention liad been called to the offending clause by the police, he had not li£ il the remotest idea that ho had in any way offended against tho Gaming Act. Mr Widdowson : It shows how necessary it is for newspaper proprietors to scan advertisements.

Mr Ramsay : Until the opinion of counsel had been taken the defendant was not aware that he had offended. The advertisement was an ordinary trading notice, which was published in the ordinary course of business. I submit' that a nominal penalty should be inflicted, as it cannot bo suggested that the newspaper was a party to the lottery. Mr Widdowson: I should hf-c thought the heading would have made anyone look through the advertisement very carefully. Chief Detective Herbert: It is possible, year Worship, that the world-famed name of Lipton might have misled the newspaper. They might probably nave been more careful had the advertisement come from anybody else. I understand that similar ..advertisements have a-naared in other newspapers in the dominion.

Mr Widdowson: I think I can take counsel’s assurance that it is a matter more of inadvertence than anything else. Waa the advertisement discontinued?

The Chief Detective: Yes, your Worship, as soon as it was brought under the proprietors’ notice. A fine of 40s, with costs, was r iposcd.