News Scrapbook 1980

San Diego, Tuesday, April 29, I 980

C-5

EVENING TllllJUNE

San Dii:go Chronicle -

.t.pril 24, 1980

COURT NOTES By BEN PRESS Special Ta TRIBUNE

Diego Tenn_is Council to discuss the best way to imple- ment the city's pay for play system. The meeting is 7 p.m. Thursday at Morley Field. All players and ou s usu1g public facilities are urged to attend gr P Mary Ann Oberle bas replaced Jack Krasovlcb as superintendent_ of the Recreation Department. Oberle his 1i~ng been mvolved with tennis and her appointment ~i;. prove good news to the San Diego tennis commu- Jo~ Wagne~ has been appointed a member of the umpires and lmesmen committee by SCTA president Joe B1,:ler. Ron Bennett has been accepted for the next ATP ump!r_es school. This will place Bennett in an elite group qualified to umpire anywhere in the world. The Mountain View Tennis Club will host a community social Sunday, May 4, from 5-9 p.m. at Friars Villa e Club House.. There will be refreshments, a fashion sho~ and entertamment. The small donation will be used t' se?d desen:mg juniors to summer tennis camps. 0 The t~oms squads from USD and Grossmont Colle e won their re~p~ct1ve _divisions over the weekend in tfe 8l&t annual OJa1 Te_nms Championships. The Toreros won the collegiate d1v1s1on over Pepperdine, while Grossmont captured the ,commumty college division. Grossmont s Tod_d N_elson ~owned teammate Geraldo Varela 6·3, 6·1 to wm his section's individual title.

:.. ·:·:·:·:·:·. ::::::::;:;:;:;::::::::::::::::::::::::::::··:::::::::::::::::::::::;:;:;..:=: ::;:;_:::::::: :::::::::::::::·::l::;:;:;:;:;~:::.-: ;:;::;:;:;:::;:;:; --~-~-·=·=·.~.....-CJ Justice Reigns By Jeff Singer Courtesy of U.S.D. Law Schoo/ 1The Woo/sack" IS .t. PONY, FORTUITOUSLY SADDLED bird )Ut was actually a pony: Obviously, WITH A FE'ATHER PILLOW, A "SMALL this woids the issue. The issue is not BIRD" WITHIN THE MEANING OF THE whether the animal was ridden or not, but ONTARIO SMALL BIRDS ACH whether it was shot or not, for to ride a I here reproduce the Opinion in full as ponf or a bird is of no offense at all. I above reported. believe that counsel now sees his mistake. (IN THE SUPREME COURT) REGINA v. OJIBWAY Blue J. August, 1965 Counsel contends that the iron shoes found on the animal decisively disqualify if from being a bird. I must inform counsel, however, that how an animal dresses is of no concern to this court. BLUE, J.: This is an appeal by the Crown by way of a stated case from a decision of the magistrate acquitting the accused of a charge under the Small Birds Act, R.S.O., Counsel relied on the decision in Re

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. . !ego eon s is experiencing a season unparalleled actty1ty for both participants and spectators From is pomt until the end of summer, there is som~ tennis evetanbtl~lmost e~ery weekend. Here are some of the more no e attractions: _Tomorrow evening at Buffums in Grossmont Center will be_ the. annual draw party for the Buffums-Kodel champ1onsh1ps, which will be held Friday throu h Sun- day_ at the Rancho Bernardo Inn. This year's 8raw is easily_ the best in the tournament's four-year history and the wmnez: here should have an excellent chance in the Kadel Nationals at Flushing Meadows the week before t th ethu.s. O~en. All matches and celebrity events are open o e pubhc. Ken Walts, head Pi:Ofessional at San Diego Tennis and facquet Club, re~ortmg on the Michelob Light Collegiate nv1tat1?nal Tenms Championships Friday through Sun- day' sa1? the top 50 collegiate players in the U S have been rnv1ted an~ ~t least half are expected to att~nd. The 32-man draw will mclude the finalists from the qualifying play tomorrow and Thursday. There is no admission charge. d T~: Kfna _Kai Club will host an invitational mixed ~u ~s or Ju_moz:s !\'lay 10-11. June Lopez said San D!ego s 16 leading Jumor boys have been invited and they will arrange for their own partners. The May 13 exhibition matches at the San Diego Sports Arena ~ill feature Jimmy Conners. Eddie Dibbs will be Conn;rs opponent. The second match will feature La Jpolla s Pat Du Pre against Hollywood's Vince Van atten. S AllJay Saturday, May 17, on private courts throughout Atr iego and, then Sunday afternoon May 18 at the S ~s Health Club are the dates for the Bahia Guild wmg .In 80 Charity Tennis Tournament and art ~ollowmg Sunda_y's final and exhibition matche~, t?~ R 0 6 ~Y p~esentat_1on, buffet and dancing will be held at o mson s Fashion Valley. All profits will be donated to the Umted Cerebral Palsy Center of San Diego. Th~ seventh annual Carl Reiner Pro-Am Celebrit ~enms Tournament is planned for May 30-June 1 it ~ncho La Costa.- Tournament chairman Mike Franks said more celebrities than ever will be on hand Ther . charge to the pu~Jic to watch the likes of Rlch Lit!1!s Narl and Rob Remer, Mel Brooks, Anne Bancroft' Horman Lear, Wayne Rogers, Hank Greenberg and arv~y Korman to name but a few. The Malianne Frost_1g Center for Educational Therapy of VeniQe- is the rec1p1ent of all profits. President Bil) Stack has called a meeting of the San THE SAN DIEGO UNION C-5 USD, Grossmont Nef Teams Shine At Oiai" Special to Tilt Son Die90 Union OJAI - University of San Diego representatives swept hon_ors to pace the T_orero_s to the Independent Colleges d1v1s1on team champ1onsh1p and Grossmont prevailed in the Commumty Colleges.division as the 81st edition of the Ojai Tennis Championships was completed here yester- day. ~SD's S~ott Lipton defeated Irvine's Jim Snyder, 6-3, 6-3 m the singles championship and combined with Terry Ward to edge Pepperdine's John Van Nostrand and Jerome Jones, 7-6: 2-6, 7-6 for the doubles title, coming back-from a 5-1 disadvantage in the final set. The wins handed _llSD the team title by a 13-11 margin over Pepperdme for USD's fi:st Ojai team championship. Grossmont, meanwhile, saw two of its players do comb~t in the singles final with Todd Nelson downing Geraldo Varela, 6-3, 6-1. Though Nelson and Varela were defeated in the doubles title match by Modesto's Fred Sconyers and Jerry Fujita:, 5-7, 7-6, 6-4, the Griffins prevailed m the team standings, 18-13 over runner-up Modesto. Mesa College totalled seven points. It was Grossmont's i~t_i~l Ojai team championship. In other d1v1s1ons, former Fallbrook resident Tom Leonard,_ ~ow playing out of Los Angeles, won the men's open d1v1s10n championship over Jerry Van Linge, and top-seeded Kelly Henry won the women's invitational division over Tina Mochizuki. USC's Robert Van't Hof topped UCLA's Robbie Venter in the Pac-IO singles final - th~ugh UCLA claimed the team championship. 6PR 2 8 8

1960, c. 724, s.2. The facts are not in dispute. Fred Ojibway, an Indian, was riding his pony through Queen's Park on January 2, 1965. Being impoverished, and having been forced to pledge his saddle, he substituted a downy pillow in lieu of the said saddle. On this particular day the accused's misfortune was further heightened by the circumstance of his accord with current Indian custom, the accused then shot the pony to relieve it of pony breaking its right foreleg. In The accused was then charged with having breached the Small Birds Act, s.2 2. Anyone maiming, injuring or kWling small birds is guilty of an offence and sub1ect to a fine not in excess of two The learned magistrate acquitted the accused, holding, in fact, that he had killed his horse and not a small bird. With hundred dollars. In light of the definition section my course is quite clear. Section 1 defines "bird" as a "two-legged animal covered with feathers." There can be no doubt that this c se is covered by this section. Counsel for the accused made several ~iI;~i!~~i~~?{E::~3 in whether the animal in question isa bird or not in fact, but whether it is one in law. Statutory interpretation has forced many a horse to eat birdseed for the rest of its ingenious arguments to which, in neighing noise emitted by the animal could not possibly be produced by a bird. With respect, the sounds emitted by an • animal are irrelevant to its nature, for a bird is no less a bird because it is silent. Counsel for the accused also argued that since there was evidence to show its awkwardness. of which states : respect, I cannot agree. life. Counsel also contended that the

Chicadee, where he contends that in similar circumstances the accused was acquitted. However, this is a horse of a different color. A close reading of that case indicates that the animal in question there was not a small bird, but, in fact, a Counsel finally submits that the word "small" in the title Small Birds Act refers not to "Birds" but to "act," making it The Small Act relating to Birds. With respect, counsel did not do his homework very well, for the Large Birds Act, R.S.O., 1960, c. 725, is just as small. If pressed, I ne~d only refer to the Small Loans Act, R.S.0., 1960, c. 727, which is twice as large as the It remains then to state my reason for judgment which, simply, is as follows: Different things may take on ihe same meaning for different purposes. For the purpose of the Small Birds Act, all two- legged, feather covered animals are birds. This, of course, does not imply that only [~!~ ::i~f ~1i{?.~~:~~ am certain that the phrase "naturally covered" would have been expressly inserted just as " long" was inserted in the Therefore, a horse with feathers on its back must be deemed for the purposes of this A~t to be a bird, and a fortiori, a pony with feathers on its back is a small bird. Counsel posed the following rhetorical question: If the pillow had been removed prior to the shooting, would the 'animal still be a bird? To this let me answer rhetorically: Is a bird any less of a bird two-legged animals qualify, for the legislative intent is to make two legs merely the minimum requirement. The therefore contemplated multilegged animals with feathers as well. statute Longshoreman's Act. midget of a much larger species. Therefore, that case is inapplicable to our facts. Large Birds Act.

SAN DIEGO UNION APR 2 9 1980

And coming up·

Even before Lucian p ' who are underwriting ~he~v:r~~1 haves into view, those Crystal Ball featuring the f n ego Opera Fanfare '80s with a chaaipag . amous tenor, will be honored Gallery May 10. n~;:cept1on and dance ~t the Tasende more to Fanfare.) Hosf:~sts ;11 are contributing $250 or fanfare chairmen Jose re ~ank and Joyce Quintana Tasende. Silver invitah~nW. Hlb~en and Helen and Jo~ course, the Crystal Ball are m the mail. (And, of Harbor Island) will be June 5 at the Sheraton A coup for Young Lead bl tee. '.!'hey haven't even se~? P ~t Jsrael Bonds Commil- 14 dinner-dance but ar h out tickets yet for their June Elliott Gould will be th/ happ~ to announce that actor According to G Jr ono1 ed guest. were the me me :~gJ!~e McGregor, "the '60s and '70 ~? have to stick t-0gether a~~~h~ut IDLhe_'80~ we're goin Communicating in the 1980 ". emphas1s_will beon us." talk May 14 at the installatio~ I JS t~e ff!c1al topic of her I of San Diego Auxlllar unc eon of the University president. The event will k ~etty Barrett is the ne Hotel's Riviera Room. gll! at 11 a.m m the Westgat And looking all the wa t twirl , date for the Autumn Leive~~~rd au ia~~ . Oct. 18 {~ the the _A~xillary of Ba Ge fl nner-.(la , sponsorc:d by V1rg1ma Locr.etJ is chabw n~ral Co1, munlty Hospital. the_ San Diego Countr tian an_d the benefit will be at patient services at B:>/Gene:al.w1th oroceeds going to .

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accused had ridden

the animal, this

without its feathers?

pointed to the fact that it could not be a

Appeal allowed.

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DAI.LY TRANSCRIPT ....,~._3

o 1980

• • • • Tim Willard has been appointed director of development at the University of San Diego. He will handle fund raising programs for USD in addition to responsibilities for an- nual fund raising, prospect research, development services, and proposal writing.

EVENING TRIBUNE

APR O

Despite their 27-5 season record, University of San Diego's Toreros will be among the underdogs when the West Coast Athletic Conference tennis championships are decided at Pepperdine Friday I through Su~day. I