SHOWMAN’S RIGHTS

Waikato Times, Volume 127, Issue 21157, 5 July 1940, Page 2

SHOWMAN’S RIGHTS

DAMAGES AWARDED CANCELLATION OF CONTRACT TWO FACTIONS IN DOMINION “A showman who, by reason of breach of contract, is prevented from showing at a particular show is entitled to recover as damages the profit he would have made, even though to some extent this might be a matter of speculation,” commented Mr S L Paterson, S.M., in the Magistrate’s Court, Hamilton, to-day, in giving reserved judgment in a case in which a showman, Cass Mahomet (Mr N. S. Johnson) claimed damages from the Ngaruawahia Regatta Association (Air W. J. King). The action was one for damages for breach of contract by the revoking of a license for a site at the Ngaruawahia regatta, issued by the defendant association to the plaintiff. As the magistrate considered that Mahomet could give no specific figures in evidence regarding the loss sustained, judgment was given for the nominal sum of £1 damages. He would also be entitled to refund a deposit amounting to £1 ss, and costs. Undesirable Element Before booking a space at the regatta Mahomet inquired from the association secretary if it would be necessary for him, as a showman, to hold a license issued by the Royal Agricultural Society, before he could show at Ngaruawahia. The secretary intimated that such a license would not be necessary, as the association did not operate under the Agricultural and Pastoral Societies Licensing Act. The magistrate referred to the fact that the showmen in the Dominion formed the New Zealand Showmen’s Association in 1938. Shortly after its formation an undesirable element ob- | tained control of the executive of the association and adopted what were termed “strong arm tactics” against j various agricultural and pastoral societies, the judgment stated, j The Showmen’s Association used to take out licenses under the regula- , tions and the Royal Agricultural So- . ciety refused to recognise the asso- ; ciation. A number of reputable members seceded and formed the New • Zealand Showmen and Caterers’ Guild and became licensees under the regu- ! lations. These men had since been .subjected to violence, sabotage, and arson by members of the Showmen’s Association, and particularly at places | where agricultural societies and other j associations had not required showmen to hold licenses under the regulations. Interests of Law and Order An attempt was made, the judgment went on, to show that the only difference between the association and the guild was one of politics, and that the association held that licenses should be controlled by the police. The magistrate considered, however, that such was not the case, and he did not think he would be far wrong if he inferred that the objection of the association to thejicensing re'o£rements fact that I ihe undesirable element would not in ! any case be granted licenses on the I ground of character. The Act and regulations were passed in the interests of law and order. The magistrate stated that he did not wish it inferred that in condemning the Showmen’s Association 1 he was condemning all its members. . The real issue between the association and the agricultural societies : was whether the societies were going to control their own shows or were I going to permit them to be controlled • by the Showmen’s Association. On j this issue right was undoubtedly on the side of the Agricultural Societies. After the Ngaruawahia Regatta Association had informed Mahomet that a license would not be required, it altered its decision and communicated with the plaintiff, who contended that he*was put to some expense in altering his arrangements. It was on this point that the magistrate reviewed the various submissions on points of law before giving judgment to plaintiff.