The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-01-08
Supreme Court Declares the
Thompson Law Uncon-
Stitutional.
REPEAL NOT NOW NECESSARY.
The Statute Is A Special Act
Regulating Internal Affairs
OF Municipalities.
Able Opinion By Judge Lippin-
cott Concurred In By Judges
Albeit and Depue.

Judge Lippincott has rendered decision
in the Infamous law authorizing the licensing
of race tracks in this State, declaring it un-
constitutional. Justices Depew and Albeit,
who heard the argument with Judge Lippin-
colt, concur in the opinion, which is rem
dered in the case of James Alexander and
other citizens of Elizabeth against the City
of Elizabeth and the New Jersey Jockey
Club
ssThe law Judge Lppincott says, 'is
special law, regulating the Internal affairs OF
towns and counties, and also special law
granting to corporations, associations or IN
dividuals exclusive privileges, immunltles or
franchises, and is, therefore, unconstitutional
and void.
This statute affords no proper and appro-
pirate classification of race courses between
those in use prior to January l, 1893 and
those set up after that date, as viii support
the application to each, of a system OF legls-
lation, so distinctivean different, as the two
methods of licensing, provided by this act
He next refers to the proceedings which
eliminated in the licensing of the Elizabeth
track by the Elizabeth City Council, and
then goes on to say that the defendants at
tempt to Justify those proceedings under the
race track law. Then is quoted the first sec
ton of the act which provides that Free
holders, or the DOQy naVlnS general CHdTSS
of the affairs of any city, township or munl-
cipal divisionsof the State in which race
track is situated, shall have power to license
such tracks, and that no license shall be
granted for a race track IN city or more
than 100, 900 population. By the third section
it is made unlawful to maintain race tracks
without such a license, and the fourth sec
ton compels the proprietors OF the tracks so
licensed to file with the Secretary of State a
certified copy of the resolution granting them
the license.
THE ACT SPECIAL.
'sThis actn the Judge then goes on to say,
s'undoubtedly confers upon the municipal
ities named in the first and fourth sections
in a direction which it has not heretofore
been exercised. The statute, on its face,
renders racing of certain character unlaw-
full unless the powers conferred on these
municipalities are exercised to permit it, and
certainly the statute in this respect is deal
ing with question of municipal govern
nent On decided authority there can exist
no question but that this statute is one regu-
lating the internal affairs OF towns aae
counties"
The Judge then cites several decisions to
substantiate his position, and says:-"Wir
in the authority of the adjudicated cases IN
this State, this statute regulates the internal
affairs of towns and counties by comforting
upon them powers which before this time
they did not possess, and placing within
their control and regulation matters over
which previously they exercised no control.
81 think it requires but cursory exanin-
alton of this statute to conclude beyond ques-
tion that it is affected by both these vices
and is upon these grounds unconstitutional
and therefore invalid.
PROVISIONS OF THE FIRST SECTION.
SPY the first section of the act power is
conferred upon the governing body of any
county, city, township or other municipal
division of this State in which there was sit
afoirl ln6 ron fn
a license to the owner of such race course,
but this power to such license is by the fourth
section of the act restricted to race courses
used for such purposes prior to the first day
of January one thousand eight hundred and
ninety-three This fourth section prohibits
any person or Incorporated body or associa-
tion maintaining or using any race course
which was not used for racing prior to Janu-
uary 1, 1893, unless such person or lncorpor-
porated body or association shall obtain a
resolution adopted by three-fourths OF the
members of the Board of FreeholderS of the
county in which such race course is pro-
posed to be maintained, which resolution
shall declare the maintaining OF such race
course is public necessity, certified copy
of which resolution shall be filed with the
Secretary of State
s.It viii be seen that discrimination is at
once made by this act in favor of localities,
and race courses therein situated, maintained
and used prior to the first day of January,
one thousand eight hundred and ninety
three, and against race courses to be MAIN
tanned and used after that time. In the
former, and with respect to race courses
therein, licenses may be granted by the gov
erning bodies of the municipalities named in
the first section of the act, without qualifica-
ton or restriction, but with respect to the
latter; i.e., race courses to be maintained
and used after the first of January, one
thousand eight hundred and ninety-three, a
condition is imposed; that is, resolution
must be adopted by threefourths of the
chosen freeholders of the county, which
shall declare the race course public neces-
sity
proposed to be maintained and used after the
first day of January, 1898, shall be licensed
by a three-fourths vote of the Board of
Chosen Freeholders of the county, there is
added the exceedingly onereus condition OF a
declaration on the part of the Board of
Chosen Freeholders that the race course pro
posed to be maintained is public necessity.
RULE OF LAW APPLICABLE.
s'The rule of law applicable is stated in the
language of the Chief Justice In Van Ripper
vs. Parsons, IL Vroom l, as follows: Within
the sense of these prohibitory clauses of the
constitution, a general law as contra distin-
guished from one special or local, is law
4 that embraces a class of subjects or places,
Il and does not omit any subject or place
Al naturally belonging to such class
N lnterdlcteQ local and special laws are CnoSc
y that rest on false or deficient classification
their vice is that they do not embrace all the
class to which they are naturally related
they create preference, establish inequalities
they apply to persons, things or places pos.
sessed Of certain qualities or situations, and
they exclude from their effect other persons,
things or places which are not dissiinilar in
these respects
.sIn Richards vs. Hammer, 13 Vroom 440
the Chief Justice again says:-'The true
principle requires something more than q
mere designation by such characteristics as
viii serve to classify, for the characteristics
which thus serve as basis of a classification
must be of such q nature as to mark the OBJ
iects SO designated as peculiarly requiring
exclusive legislation. There must be a sub
stantial distinction having reference to the
subject matter of the proposed legislation
between the objects or places embraced in
such legislation, and the objects or places ex-
cluded'
sand in the same case, in the Court OF
Errors and Appeals, 15 Vroom 667, the
Chancellor declares that normally there car
he under our constitution no such thing as
local or special legislation to regulate the in
fernal affairs of municipalities, but all legis
lation to that end must be general and ap
nlicable alike to all, nor can any departure
from the rule be justified, except when, bJ