The Sun.
London, England, 1864-10-13 00:00:00

SCRATCHINGS AT NEWMARKET.

Newmarket Oaks— All have paid forfeit but the follow-
ing : Fair Sophia, Teneriffe, Syren, Bradamaute, Pre-
scription, Auricula, Beatrix, Fille de l'Air, Tomato, Breeze,
Evelina, Molly Carew, Chalybeate, Lady Mary, Bigotry,
Battaglia, and Goldylocks.
Bretby Stakes —The following are left in :—Elaine,
Klarinska, White Duck, and Convent.
Sweepstakes of 300 Sovs—The following have paid :
Anadyomene and Archimedes.
Sweepstakes of 500 Soya. R,M.—General Peel walks
over,

The Cavereham Stakes at Reading —This race has been
awarded by the stewards of the Jockey Club to Nebuchad-
nezzar, who came in first.

BETTING AT MANCIIESTER--Wroprrmsny,
CAMBRIDGESHIRE.
6 to 1 agst Gratitude (take 100 to 15)
100 to 6 agst Prince Plausible (Taken)
100 to 6 agst Bayard (taken)
100 to 6 agst Muezzin (taken)
100 to 6 aget Tattoo (offered)
20 to 1 agst Thick (taken)
20 to 1 agst Stockinger (taken)
25 to 1 agst Accident (taken)
25 to 1 agst Trap (taken)

Important Decision.—Railway Refreshment

Rooms.

It will be remembered that a few days since Mr. Arnold
gave his decision, concurrently with that of his brother
magistrate at the Westminster Police-court in a case of the
legality of considering persons departing from railway
stations as travellers. The question had arisen out of a
complaint against Mr. Robert Fisher, proprietor of the
refreshment-rooms at the Victoria station, Pimlico, and on
judgment being pronounced and the defendant convicted,
Mr. Child, solicitor to the Licensed Victuallers' Protection
Society, availed himself of a suggestion thrown out by the
magistrate, and said he should like to state a case and take
it up for decision to a superior court, but before doing so
he begged to call tbe attention of the magistrates to the
27th and 28th Victoria, cap, 61, sec. 10, an act passed last
session of Parliament, for the regulation of refreshment-
houses, the last section of which says, " Nothing herein
contained shall apply to the sale at a railway station between
the hours cl one and four o'clock in the morning of excis

able liquors or refreshments to persons arriving at or de-
parting from such station by railroad." Mr. Arnold upon
this begged it to be considered that his decision had not

been given, and took time to see whether it would have any
bearing on the mat ter at present under consideration ; and
yesterday Mr. Child again attended to ascertain the magis-
trate's views on the subject, and, should his decision be
adverse, to state a case, and enter into the necessary recog-
nisances to have the matter decided in the Court of Queen's

Bench.
Mr. Arnold said ho had considered the clause of the
act of Parliament referred to by Mr Child, and he did not
think it had any bearing upon the question before him, espe-
cially as the latter part of the sth section of the very same
act said—" Nothing herein contained shall authorise a
licensed victualler to sell exciseable liquors, on any Sunday,
Christmas-day, Good Friday, or day appointed for public
fast or thanksgiving or otherwise than during the times at
which he is now authorised by law to sell the same, or au-
thorise any other person to sell exciseable liquors, keep open
any refreshment house, or sell refreshments otherwise than
at the times and upon the conditions prescribed by the acts
of Parliament in that behalf made." The only Way in which
he
ee
(the
eh werthy magistrate) thought Mr Child could use
section would be to found an argument upon it,
that if persons arriving at railway stations were travellers,
then persons departing from stations were travellers.
Mr.Chilldf
persons
arrivingedthatwawseretravellers, precisely
so were thosewhat he intended
to do.

departing.
Mr Arnold said the act of Parliament did not speak of
them as travellers. It made an exception for " persons"
arriving at and departing from, but it did not designate
them as travellers. The argument cut both ways.
arriving Perhaps
athiea
railway opinion
station 8
tawas a might be erroneous that a person
traveller. It might be
that he was no longer in the situation of a traveller to
whom a publican was allowed and in fact compelled to
give refreshment as he bad finished his journey. He did
not think the section applied; it did not treat these persons
as travellers. If it had refreshment to travellers then there
would have been a strong argument; but the section did not
present case, which seemed, from
the throw
ranyr a
p h
dte
a peort thein g p
in the newspapers, to have
cael iagnucg
oon
excited considerable attention and interest ; and the general
supposition seemed to b 3 that a person intending to go by
a railway became a traveller the moment he left his house
for the purpose of going to the station, whether in a cab, his
own carriage, omnibus, or in any other way. It that were
the case the person would have a right to stop at any public•
house on the road and receive refreshment, and the result
would be that all the public-houses would be opened at all
hours for persons going by a railway ; and he had no doubt
the publicans would let them in, and thus the law relating
to Sunday closing would be a dead letter in a large town,
like London, for instance. He and his colleague (Mr Selfe)
still retained it as their opinion that a person going to a rail.•
way station under ordinary circumstances was not a travel-
ler until ho had begun a journey. But at the same time he
would not pretend to decide that any person might not be
a traveller, and that there might not be exceptional cases.
Suppose a person arrived at the Great Western Railway
station, and then took a cab to Victoria, he thought that
would be an exceptional case. Their decision, therefore,
was that the parties in this case who came to the station
were not travellers in the meaning of the Police Act, under
Which the summons bad been taken out.
Mr Child observed that ever since the passing of this
statute his worship was a are that there had been a diffl-