Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-01-08
RACING LAWS VOID.
Gutenberg, Gloucester and Clifton
Doomed.
BLOW TO new JERSEY TURFMEN.
Important Decision by the Supreme
Court.
REASONS OF THE JUSTICES.

;ENTON. ". J.. Jan. S-Justice Lippin-
rott OF the supreme court has filed his opin-
-. IT, case brought against the City of
:..lzabeth and the New Jersey Jockey Club.
10 test the soundness of the race track
laws. passed last winter. and he decides
Inat they are unconstitutional
Justices Depue and Albeit concur in the
opinion and it will not be necessary for
The legislature to take the trouble to repeal
he acts.
The court holds that the laws are special.
regulating the internal affairs of towns
and &C unties and also granting to corpora
tions, associations or individuals, exclusive
privileges, immunities or franchises and are
therefore unconstitutional and void.
Referring to the statute empowering gov
erning bodies of municipalities to license
race courses. the court says: This act
undoubtedly confers power upon the NUM-
cipalities named in the first and fourth
sections, in a direction in which it has not
been heretofore exercised. 1t may be that
primarily racing within this state is not a
question which concerns the internal af-
fairs of towns or counties, but 1t cannot
oe well contended that statute which con-
'erS power upon these municipalities to
-estrict, limit or extend racing is a statute
which does not demonstratably affect the
Internal affairs of such municipalities with
IN the meaning of the express inhibition of
the constitution forbidding the enactment
Oh certain character of statutes regulat-
ing such affairs The statute on its face
ana by lis express conditions renders rae
ing of certain character unlawful, unless
the powers of these municipalities are ex-
erciSed to permit il.
The third section of the act expressly de-
clares that racing of the character men,
TONED IN the act shall he unlawful, unless
1t be legalized by a license. which can
only be granted by the governing body hay-
ing general charge of the affairs of such
municipalities, and certainly the statute
In this respect is dealing with a question
of municipal government and whether il be
one OF police, revenue or some other power
of municipal government is quite imma-
terial
Municipal government is creation of
statute and the powers of municipal gov
ernmsnt may extend to almost every feat
ure of regulation not inhibited by the con-
stitutlon, within the area over which ii ex-
tends 1t becomes a matter of the internal
regulation of the affairs of the municipal
ity by force of the statute, and 1t cannot
be claimed, so far the statute is con-
cerned. to be question any longer of
state policy, but a matter relating to the
internal affairs of the municipality to
which it applies. 1t becomes the power of
the municipality. If the general subject
matter here, as contained In this statute,
be one over which the legislature has power
ed when its power Is conferred upon any
municipality. aside from the question
whether the statute be Invalid or not. that
such matter does not become an internal
affair of such municipality. 1t may be
superfiuous to pursue this subject further.
but on decided authority there can exist no
question that this statute is one regulating
the internal affairs of towns and coun-
ties"
In conclusion the opinion shows how these
laws grant special provisions which are un-
lawful. Indeed. ntariy all the provisions OF
the acts are declared invalid.
New legislation on the same subject Is
scarcely possible now, and racing at
Gloucester. Gutenberg and Clifton Is prob
ably over forever.
'.GlOucester" Wiped Out.
CAMDEN, N. j., Jan. S.-The decision of
the supreme court with regard to the con-
stitutionality of the race track law passed
by the legislature last winter was made
known for the first time this morning. The
opinion declares that the legalizing act was
unconstitutional. as 1t interfered with the in
ternal affairs of the several municipalities.
This decision wipes out the race tracks at
Gloucester and Gutenberg as well as every
other track in the state. 1t is well known
that the legislature that meets tomorrow
intends repeating the race track acts, SO
that besides being declared unconstitutional,
they will be taken on the statute books.