AN OBSTRUCTION CASE.

Star (Christchurch), Issue 7583, 23 December 1902, Page 2

AN OBSTRUCTION CASE.

■ ♦ — — '— SANDOW AND THE CITY BYLAWS. At the Magistrate's Court this morning, before Mr H. W. Bishop, S.M. ? James Young was charged with having, on Dec. 19, at Christchurch, caused people to congregate in Higli Street, so. as to impede, persons passing. Mr Cresswell appeared for the accused, 1 who pleaded not guilty. ; Sub-Inspector Dwyer said the facts of the ' case were as follow:— -On Friday, . J)ec. 19, the defendant, who was one of Sandow's pupils, gave an exhibition in ono ! of the windows of Strange and , Co.'s, at stated hours in the day. A large! crowd collected, and the vehicular traffic was congested by a number of cabs stopping opposite the window. The footpath was blocked - and the police were unable 1 to keep it clear. Pedestrians were- compelled to go on, to the road to get past the window. . Mr Cresswell, in defence, submitted thab the police interpretation of the by-law was not correct or reasonablej. If it was held 'that it was a correct interpretation then, he would submit it was ultra vires and «n- --' reasonable.. The by-law was levelled against the persons who obstructed the thoroughfare by loitering and blocking the way, and where they saw something novel or attractive in a window, such as the exhibition, given by the defendant in Strange's window, they were entitled to have a look and then pass on. The defendant could not be made responsible for their loitering. It must not onty be shown that the blockage had occurred, but that it had beea the intention of the .defendant to cause it. The defendant had, in the course of his ordinary business, *given an exbibitioir m Strange's shop, and he should not be held responsible if spectators collected and refused to move .on. What the-police should, have done was to have taken the names of a few of those people who were causing the obstruction. „ ■' ' James Young said he was a pupil ol Sandow, and had been travelling all over the world with him for the past four years. In order tp demonstrate Sandow's system of physical culture, exhibitions were given by him in shop windows in the various towns they visited, and he had never been interfered with before. Mr Bishop said he did not agree with the defence in. tih© least. The by-lay was framed to prevent these crowds froih congregating, and it was the duty of the City Council to see ..if carried -".wit... When a man advertised certam times for exhibition, he at once made himself a party to the obstruction. Speaking for himself, he was very tO see the police taking action in the master, and his opinion was thast they might, with advantage, tur,fl their attention to other cases of blocking the thoroughfare. He' thought thajb Sandow'a exhibition was a. very excellent thing, f but there was a time and place for everything. The defendant would be convicted, but no fine would be inflicted. A similar charge against Thomas Coverdale was withdrawn by the police.