Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-02-23
Of Laws Of the Good
State Of New Hampshire
By New Eng. Breeders Club,
Chartered by Same State.
Gov. Mclaae Asks Supreme Court II the
Charter Allows Gambling.

Concord. n. H., Feb 22.-Thc agita-
ton against running races at Salem
and the accompanying pool selling,
which has been fOstered by the New
Hampshire Sunday School Association,
was crystalized today when Gov. John
McLane and his Council asked the SUI
prcme court Of the state to render an
opinion as to the right of the owners
of the track to permit or countenance
pool selling. bookmaking and betting
on races. The communication to the
supreme court expresses the opinion
that unless proceedings are already
prohibited by law it may be necessary
to call a special session of the Legis-
laturc to act on the matter
The races, which the New England
Breeders Club plans to conduct at Sa-
lem, will be under the jurisdiction of
the Jockey Club. The Breeders Club
was granted a special charter by the
state Legislature in 1905 and given
power to conduct running races under
conditions similar to those granted
under the Percy Gray law of New
York. In it's charter the club is given
exclusive police jurisdiction on it's own
grounds. Under such conditions, it is
charged by those opposed to he races,
it would be impossible for the state Off
Gals to prevent gambling at the track
A committee Of IL, including in its
membership Former United States
Senator William E. Chandler, President
Tucker of Dartmouth College and Rev.
Thomas Chalmers of Manchester, was
appointed by the Sunday School Asso-
n to II,
tention Of Gov. McLane and his Coun-
throughout the state.
Despite this continued and active OPP
position the club proceeded with the
work at Salem and perfected plans for
the races. The track itself, which is
said to be one of the finest in the coun-
try, has been completed, and work on
the various buildings is being pushed
along as rapidly as possible 1t is es-
tmatcd that $500. 600 have been expend-
ed in building the track and beautify-
ing the grounds.
The Jockey Club awarded dates for
two meetings, one to continue from
June 2S to July q, and the other to
last Ii days between Sept. 1 and Sept.
10. Andrew Miller of New York is
president of the club and o. II. Bel
mont and Harry Payne Whitney. also
of New York. are members of the board
Of stewards
Edward c. Niles, counsel for the
Sunday School Association and a NOM
Der OF It's committee. appeared before
Gov. McLanc and his Council TODAY
ana requested that the supreme court
be questioned as to the right Of the
state authorities to cnfocc the gam
bling laws at the track. If it were
found that. under the clubs charter.
the state police were without power in
the matter Mr.. Niles requested that a
special session of the LEGISLATURE no
called TO act on the matter.
Al the request of the governor. Az
torncy General Edwin G. Eastman
drafted communication to the s1-
preinc court cmbodyinG the points
covered in Mr.. Niles request and this
was signed by the Governor and Conn
cil and forwarded to the supreme
court. The communication follows.
10 the Supreme Court: The governor
and honorable council. being convinced
mat certain persons intend to maintoi,
race track and to conduct races thnra
on in this state in order to induce 9TH
crs to resort thereto for the purpose Of
engaging in pool selling, boollhakinc and
other forms of race track gambling. and
believing that unless such proceedings
are already forbidden by law it may DO
our duty to call a special session OF the
Legislature ut once to act on the sub
Jcct, respectfully require the opinions Of
the justices upon the following questions
so that the governor and council NAV
correctly determine their duty in the
premises:
whether the corporation created nv
Chapter 2S2 of the Laws of 1905. Under
the name of the New England Breeders
Club, is empowered to keep or let any
house. shop or place resorted to for the
purpose of pool selling. bookmaking or
any form of betting or gambling upon
the result of such races and contests of
speed, skill and endurance as it is by
said chapter authorized to conduct. or to
suffer any person to sell pools. make
books. or in any other way bet or gamble
upon the result of such races and contests
in any house. shop or place under its
care or control.
2-Whether any such action, if not au-
thorized. is forbidden by law
(SignedD John McI4ane. governor: Fred S.
Towle, Chas. NJ. Floyd. Joseph w. How
ard, Edward G. Leach, Charles H.
Greenleaf, councillors.
1t is believed here that the club will
continue to make arrangements for the
running races. but it is conceded that
the matter has reached a stage which
will make prolonged litigation inevi-
table.
None of the owners of the track were
in this city today and the attitude
which they will take could not be
learned. but the men prominent in their
CONTINUED on Page Five.)