Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1858-09-11

front of his Clothing Bazaar" and saluted him
with rousing cheers, the band playing quick
step.
Those rouslng cheers for the Spy by the Tigers,
as they passed Office, are gratefully acknowl
edged.
PIGGIsH.-A couple of firemen, from abroad
amused themselves, yesterday, upon the Com
mon, by carrying about by its tail a squealing
pig, weighing some forty pounds Occasional
ly, as matter of variety, they would put his pig
ship under one of their arms, and by gentle
squeeze increase the noise of piggy's vocal Or
gans. 1t was entirely piggish affair.
CHILD LOST. A little Irish girl about
years old, named Anna Donahue. left her
school in Pine Meadow yesterday forenoon
at recess, and has not since been heard from.
Any person who can give any information
concerning her to her parents, who reside at
rs Pine Street, will confer great favor on
them.
A MIsTAKE.-The Transcript of yesterday
stated that the Firemen interfered against the
Police, and took prisoner away from the lock.
up after he had been arrested. The statement is
from the Police after an arrest had been made,
either on the streets. or from the watch house.
THE TRoTT1NG CoURsE.-Some question
having arisen as to the extent of the power
acquired by the location by the Mayor and
Aldermen of the trotting course on the
grounds of the Agricultural Society, and of
the right to permit the same to be used for
trials of speed for money, the President of the
Society addressed inquiries in relation there
to, to the Mayor of the city who referred the
same to the City Solicitor. The following is
Gen. Devens's reply:
oRoEsTER, Sept. 6, 1853
SRI have received and read, and enclose
the communication of William s. Lincoln, ESQ,
President of the Agricultural Society," which you
have referred to me for consideration, and beg to
reply to the questions proposed (for convenience
reversing the order in which they are submitted).
l. The statute of 1856, chapter lO2, under
which the Society received its authority to main
tain trotting park, contains the following as its
first section;
mo land shall, within any town or city of this
| Commonwealth, be laid out or used as a race
ground or trottng park, for admission to which,
| of persons or property, any money other valu.
able consideration sh all be directly or indirectly
taken or required, without the previous consent
| of, and location by, the Selectmen of such town,
| or the Mayor and Aldermen of such city, who
shall also, at any and all times have the right to
| regulate and alter the terms and conditions under
| which the same shall be laid out used, or contn-
| ued in use, and 10 discontinue the same when in
| their judgment the public good so requires and
no land within this Commonwealth shall be used
for any of the purposes mentioned in the act, to
which this is an addition"
1t seems to me that under this act the city have
granted an authority to use the ground for this
purpose, for an indefinite length of time (subiect
always to its right to regulate or discontinue it
whenever it seems proper, and that it does not
cease at the end of the year
What is required, in order that trottng park
| should be legal, is previous consent Of and
location by" the Mayor and Aldermen. Now, if
this is required every year, the Society must OBJ
| tain ''preSlous consent" to that which already
has an actual existence, and location of that
which has already once been located, and there
certainly is not in the statute any provision for
such second consent or such re location.
1t may be suggested that the location is thing
which requires to be done only once, but that the
authority to use the place located as a trotting
park requires to be renewed yearly. 1t does not
seem to me possible thus to separate the +" loca-
ton" and the use of the place located. When
pldCe 10 lOedttu purpose OF q trOttlnG
those for whom it is located have the same right
TO use it-subjeet always to the regulations which
may thereafter be made by the cty--that the cit
liens have to use town way, when piece Of
| ground is located for that purpose. The city is
not, by this construction, deprived of any reason.
able power over the premises it can make any
regulations for their use, discontinu that use
entirely. 1t could indeed have discontinued il
Immediately after the construction of the park
and in this respe the right granted was a less
| right Cd he he
forms of license.
The question in this case has probably arisen
from the use Of the word "lioense," (which word
is not found in the statute,) and it has been sup
posed, as the licences to maintain ferries to keep
Inns, &C.. &C., are for year only that this was
of that character. There are licenses which do
extend for more than year. l think to which
this iii II be license,) is more analogous. such
are the Licensees (statute Of 1885, chapter 1877 to
maintain and use steam engines, furnaces, &C.,
in various parts of the city, which erections in
volve large expenditures, and which are always
under the control of the city, but which do not
quire an annual license, they having been once
lawfully erected.
2. 1t seems to me, that there being no regula.
ton Of the city forbidding it, which, of course,
can be made whenever the City Government
thinks proper, the society is authorized to use
and allow to be used its grounds for the deter.
mlnauon OF trials OF speed upon occasions other
than its annual exhibitions. There is no limita.
tons in the authority granted to the society, nor
do find any in the statute which confined them
to those times.
2 am OF opinion that trials of speed for sums
OF money are not authorized at any time. The
authority to MAINTAIN this tTottng park is sub.
ject TO the general laws Of the Commonwealth.
BY statute of 1916 chap 200 sect l. it is provided
that "all racing running, trottirg, OF pacing Of
any horse, or other animal Of the horse kind, for
any bet or wager Of money or other valuable
thing, or for any purse or stake made within this
Commonwealth, is hereby declared TO be unlaw.
full" The second section provides for the pun.
ishment OF those engaged in such races &c, and Il
, Is in addition to this act that the act Of 1856 /,
I passed. Byrecurrng to the section Of that ACT
already cited It will be that II is expressly
provided that no land in the Commonwealth
'shall be used for any Of the purposes mentioned
In the act to which this is in addition" Thug
expressly recognizing, and, as it were, To.enact.
ing the statute Of 1896
Your obedient servant,
CHARLES DEvENs Jr., City Solicitor
Hex ISAAC DAVIS Mayor Of Worcester.