SPORT ON SUNDAY.

Timaru Herald, Volume CXXV, Issue 18552, 26 April 1930, Page 19 (Supplement)

SPORT ON SUNDAY.

BOROUGH COUNCIL BY-LAWS. DISCUSSED AT SPECIAL MEETING On the requisition of three Councillors, a special meeting of the Timaru Borough Council was held on Thursday to consider a resolution, notice of which had been given by Councillor J. Todd. The resolution was as follows; — “In exercise of the nowers conferred on it by Part 43 of the Municipal Corporations Act, 1920, the Timaru Borough Council hereby makes, by special order, a by-law under the Municipal Corporations Act, 1920, to alter the by-law of the said Council, made and passed on the Ist. day of October, 190 G. and confirmed on the 29th. day of October. 3 006. and intituled, ‘The Consolidated By-Law, 1906,’ by omitting from Section 22, of Part 15. of the said by-law the words: ‘and no games or sports, or cards, shall, under any circumstances, be held or played within the limits of any places mentioned in the said clause, on Sundays.” There were present the Mayor (Mr W. Angland), Councillors G. Benstead, ,J. R. Hart, W. H. Hunt, F. Chittock. M. H. Richards, F. B. Hawkey, A. Kennedy, and J. Todd. Councillor Todd, in moving the motion, described the section of the bylaw as bad. for should the necessity arise, he did not think that it would stand in a court of law. The Mayor: “Do you refer to Caroline Bay?” Councillor Todd said that he referred to all reserves in the Borough. He went on to say that the Borough solicitor had advised that the by-law was weak. At the request of Councillor Todd, the Town Clerk read an opinion of the Borough solicitor, forwarded to the Council some weeks ago. when the question was before the Council.

Councillor Todd went on to say that if anyone wished to attack the bylaw, it would have to fall. He considered it only reasonable to amend it as had been outlined in the resolution. In no other town was there a by-law restricting play on a public ground on a Sunday. If there were any, they had been scrapped. There seemed to have been no serious objection lodged in other centres to Sunday tennis. Why should a section of the community say that there should be no tennis on a Sunday? It was not reasonable for the Council to prevent those who wanted to play. If others did not want to play, they could stop away. Councillor Todd went on to say that a protest in the matter had been received from the Ministers’ Association. He desired to say that he had the greatest respect for Ministers in the great work they did in the community, but he would point out that the ministlfrs of Timaru were not unanimous on the matter. He had also spoken to doctors on the matter, and they agreed that tennis was one of the finest sports in existence for the health of the young people. Councillor Todd said that if the resolution was carried, a further resolution agreeing to Sunday tennis would have to be carried. By voting for the resolution that night, they would not be voting for Sunday tennis. If the Council agreed to Sunday tennis, he would recommend that the hours of play be from 1 o’clock till 6 o’clock, so that the young people could go to church in the morning, and again in the evening. Bowling and tennis were even now played in Timaru on a Sunday, but those who were not well enough off to join a private club were deprived of their recreation. The Mayor referred the Council to an amendment to the by-laws passed in 1916, and said that if the resolution was carried, it would mean the throwing open of all the parks ana reserves, and not Caroline Bay. This, he thought, was a most unwise step. There was a further by-law regarding the control of Caroline Bay, independent of the other words. Under the amendment of 1916, the Council had power to close the tennis courts, or any other part of the Bay, at any time, and Section 22, mentioned by Councillor Todd, was over-ridden. It was his duty to draw the attention of Councillors to the by-laws, and to direct them how to vote.

Councillor Todd: “What right have you to direct us how to vote? We are not school children.” The Mayor: “It is my duty to point out the by-laws to you. Those who have given you advice have probably not seen this new by-law.” Councillor Todd said that the Council had power to permit tennis to be played on Sundays. All he was asking for that night, however, was to amend a by-law. The Mayor said that if the resolution was carried, all the parks would be thrown open for all sports, from “two-up” to tennis. The motion was seconded by Councillor Richards, who said that he could not see any harm in Sunday tennis. Leading men throughout the Dominion played tennis on Sunday. Councillor Hunt said he did not know whether it was a slip of the tongue or not, but the Mayor had said that he was going to direct them how to vote. The Mayor: “I was simply explaining.” Councillor Hunt: “You used the words.” The Mayor: “If I did, I will withdraw them.” Councillor Hunt went on to say that he intended to support the resolution. He was glad to be associated with men who had thrown off- the cloaks of tradition. They were enlightened men in an enlightened age, and he was entirely in favour of repealing the bylaw, which, to his mind, was obnoxious. Councillor Kennedy said that he was surprised to find that the Mayor and the Town Clerk had come forward with a new by-law, and had not informed Councillor Todd that he was on the wrong track. He would have thought that either the Mayor or the Town Clerk would have informed Councillor Todd that he was attacking the wrong by-law. The Mayor: “Councillor Todd had a solicitor helping him.” The Town Clerk explained that he had had nothing whatever to do with the matter. He had simply read the by-laws, as directed by the Mayor. Councillor Kennedy said that, out of courtesy to Councillor Todd, he should have been informed that he was on the wrong track. They were present that night on a wild goose chase. The Mayor: “Not a wild goose chase. If you carry the resolution, all the reserves will be thrown open.” Councillor Kennedy said that there was little use carrying on, for everything was up in the air. He considered, however, that the by-law was out-of-date, and they should dispose of the antiquated ones* and get up-to-date by-laws. Councillor Chittock said that he would not vote in favour of removing the by-law, whether it was obsolete or not. It had served its purpose for many years, and he considered that it should remain. Councillor Hawkey said that he was not afraid to show on which side he stood. From a broad point of view, he considered the by-law was good, and he intended to oppose the repealing of it. He was not in favour of doing anything which might lead to a Continental Sunday. Councillor Hart said that it was

useless for them to go on discussing the question as to whether there should be tennis on the Bay on Sunday. What they had to consider was whether the by-law should stand or go, and he was strongly in favour of its retention. Councillor Benstead said that it was clear that something would have to be done in regard to their by-laws. It was clear that if the section of the by-law was deleted, they would still have some reserves unaffected. He considered the time inopportune to tackle the question. There were three or four Councillors who desired the Council to attack all the parks and reserves. A section of the public. had protested strongly on the matter, and if they were going to tackle the whole question, then the people should have some say in the matter. He could not relish a Continental Sunday, and he was of the opinion that it would be a long time before Englishmen would tolerate such a state of affairs. If a majority of the citizens required a change, and so far there had been no indication given in this direction, then he would oppose any alteration. Councillor Todd, in reply, said that he was prepared, if the Council would not do away with its obsolete by-laws, to test the matter in a higher Court. The resolution, on being put, was lost by five votes to four, the voting being as follows:—For: Councillors Todd, Kennedy, Richards and Hunt. Against: The Mayor and Councillors Benstead, Hart, Chittock and Hawkey.