New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-01-09
RACETRACK LAWS INVALID.
DEATH-BLOW FROMTHE COURT
NO NEED OF REPEALERs BY THE NEW
JERSEY LEGISLATURE.
u,srrcF, I1pp1Ncorr WRITES THE OPINION AND
JUSTICES ALBEIT AND DEPUE CONCUR
SPECIAL LAWS FAvORING CERTAIN
JOCKEY CLUBS DECLARED UN-
CONSTITUTIONAL.

CONSTITUTIONAL.
Trenton. ~ j., Jan. (SpeciaD.-The race
track and gambling laws passed by the Legislat-
IRE of last winter are illegal. In an opinion
filed to-day by Justice Lippncott, and ccncurred
I'm by Justices Albeit and Depue, the law legaliz-
ing racing in New-Jersey is declared unconsti-
tutiona and is therefore wiped from the New
Jersey statutes without the aid of the Legislature
elected by the people for that purpose The opin-
ion was written November I. 1893. but for reasons
unknown 1t was not flied until to-day, though 1t
was mailed to the Supreme Court clerk on Satur-
day and reached the city Sunday evening Inc
case was argued at the June term on writ OF
certiorarI bringing up for review the action or
the Elizabeth Common Council in granting
license to the New-Jersey Jockey Club to MAN.
tain n race course r. V. Lndabury John X
Emery and Joseph Cross prosecuted ana A. L.
McDermott, Samuel Kalsch and c. II. Beasley
defended.
The filing Of the opinion on the eve or the con-
vening Of the Legislature Is freely commenced
upon by the Senators and Assemblymen mere
tonight. The opinion Is Icing one. and wouid
cover about five newspaper columns.
SPECIAL Law AND UNCONSTITUTIONAL"
Justice Llpplncott goes into a minute discus
sion OF the act, starting out by saying:
The act of the Legislature OF this state. entitled
IAN act concerning the maintaining OF racecourses
in this State and to provide Tor me senS i S
special law regulating the internal anar r,n %,
and sonnes and oT ndduas
sive privileges, immunites or franchlseS. ana 10.
eminent is creature Of statute and the powers Of
municipal government may extend 70 almost cVe!?y
tuition within the area over which It extends. Such
powers then become matters regulating the in.er r
nal affairs Of such muncipa DDronrate cassi
ncation of racecourses between those in use prior
as will support the application to each OF sys-
TEN OF legislation. distinctive and dnerent as
the two methods Of licensing provided by this act
Justice Lppincott, who writes the opinion OF
the Court then goes on to quote the act. ana
says the 81, 600 license Of the New-Jersey Jockey
Club, fixed by the Common Council OF Eliza
beth and granting It the privilege to maintain
racing trottlng or pacing horses. mares or geid-
ings. or a purse. plate. stake or other thing
was Illegal The Court quotes the law fully. and
then says:
act that T power to license is conferred upon the
Board OF Chosen Freeholders, or the Board OF Alder
other body having general charge Of the affairs OF
any city. township or municipal division OF this
q racecourse OF the character named in this section
And II also n nat or no of
Within the corporate limits OF any city having a
tSat these ii licenses snail be granted upon
certain express conditions ana me miro secrso o
pr incorporated body or association to maintain
or use racecourse OF the character named in the
act s the n s fSr 'h4s H
license granted under this act snail become hot
shall be granted.
NEW POWERS GRANTED BY THE ACT.
This act undoubtedly confers power upon the
Municipalities named In the frs: and fourth Sec
tons In a direction In which 1t has not been mere
tofore exercised !. mey be that primarily raSg
which concerns the internal affairs OF towns or
counties but 1t cannot be we'll contended that
statute which confers power upon tnese r'u i
paes to re S6ss not Us Affect the
nal affairs such municipalities wltnin me Ie.lii,
Kidding th.. enactment OF certain character OF
statutes regulating such AFFAIRS Inc s,dorse rsc
inc Of certain character unlawful. unless tle Po"
ers conferred on these municlpt',ss are xnresslv
G,cio res that racing of the character mentl0he9
in the act shall be unlawful unless It pc ie h
.yyninr body having general charge OF ne arairs
of such municipalities and certainly IN TINS
- deolng with a question of municipal goVernieIl,
and whether it be one OF police revenue or some
other power Of municipal creation Of
statute and the powers OF that governI1.nr no,
Inhibited by the Constitution within the area OYER yer
'hion ~ oytends: IL becomes matter or the m
49, rsc,,latlon OF the affairs OF the municpahly
a.. rrrca Of the statute, and II may be claieu 80
~ a. rho statute IS concerned. not ID be ques-
20, any longer OF State policy. but matter re-
ia,irr ~ th. internal affairs OF the MUNICIPALITY 70
whIc6 IL applies II the general subject na nn
bers s contained in the statute be one over N,Vi
h .,,slnttirr has power and jurisdiction tnen !,
49,, no extended when Its power Is conterieu
49,, ory mmnicipaltv aside from the question OF
p,,r 80 ,b. statute be Invalid or not. that suc!i
49, ,oes NOT become the internal AFFAIRS OF such
| municipality
| MANY AUTHORITIES CITED
| r-,e Justice then quotes numerous authorities
| and says:
The largest field for municipal action Is ai,oeaen r a.
a., .xcrcise OF the power TO suppress nuisances
ve,t disorders preserve the health ana safety ~ o
Iii t,,,ans hv virtue of It's right 10 invoke anu au-
| ,atnis,cr the police power OF the State.
| rhc Justice cites many authorities IN supPo o :
Of his oninion that the gambling statutes cohiv'
| ,,nu,ars not previously exercised by hluhicipah-
| lies and continues tnus'
,r,os. matters are such a. effect the public well
fore Practices affecting the public are mac 10" =
~ ~ or unlawful by exercise or non-eXercse OF y
IA, conferred upon the municipal goVerhin,
| iofiss This power then becomes part OF me
uUo"nicinol government. This statute Is one which.
IA a. a. This case Is concerned clearly regulates
- - ,crnai n0ars the city of Elizabeth Inc
Intention here then. on the part or the Prosesu.o
~ ,b"t This statute Is unconstitutional IN tnat IL
- ~ local or special law. contrary TO Article t.
| g. Elton Paragraph .. of the amended constitu-