Evening capital and Maryland gazette., 1912-11-15
UPHOLDS VALIDITY OF
HARTFORD RACING BILL
Appellate Court Rules Today in
Appeal Of Sheriff Clark.
QUESTION OF POLICE POWER.
Opinion Suggests That Method Of APP
pointing Commission Can be Cor
rected bY Legislature.


Uph olding the constitutionality OF
Chapter 1872, of the acts of the Leg
islature permitting horse racing at
the Havre deGrace, track and creating
a commission therefore, the Maryland
Court Of Appeals this morning handed
down an opinion in the appeal of
Sheriff William l.. Clark, of Hartford
county, against the Hartford County
Agricultural and Breeders Associa-
tion.
The opinion, which was written by
Judge Briscoe, holds that the act is a
valid exercise of the police powers
of the State, and free of the con-
stitutional objections raised against
il. The ruifngof Judge Harlan in
the Hartford County Circuit Court
is upheldSn every respect. The opin-
ion of the Appeals Court reviews the
case in detail.
1t is pointed out that the only diff
ference in the provisions of the Gen
eral Laws as they were at the time
of the enactment of the Act in con-
+ troversy, lies in the method of by
whom licenses for the conduct of
horse racing may be granted. Chap
ter 1872, the Court says, did not repeal
the General Law, with regard to bet
ting, bookmaking or poolselling on
horse races, even so far as Hartford
county was concerned, but merely sub
stituted commission as the source
from which licenses should emanate,
in lieu of that provided by the Cen
eral Law
While classifications made by the
act are in some respects, necessarily
special in character" says the opin-
ion, I'VE do not think they afford a
proper ground for complaint, because
they are just and reasonable, and in
no way arbitrary. In other words
they operate alike upon all persons
and property under the same circum-
stances and conditions, and bear a reaz
sonable and just relation to the act
in respect to which classification is
| proposed.
The opinion further says that the
act in question is founded and based
upon the right of the STAGE in exercise
of its police power, to regulate and
control horse racing and bookmaking
at such races. As to the contention
that the act perpetuated a racing COM
mission, it is pointed out that if the
method of appointing said commission
+ is Objectionable, then relief can be
sought of the Legislature, by having
the act amended or repealed and a
nsw mode of appointment adopted.
Other opinions were handed down
in the Court today as follows:
No. 11-William Gross, against
the State of Maryland. from Circuit
Court for Washington County; judg-
ment reversed and new trial awarded
Judge Pattison.
No. l5-Adrian Hughes and Eli
Frank, receivers, against Frank D.
Hall; from Circuit Court for Balti-
more City; decree affirmed with costs
TO the appellee above and below.
No. lS-Harvey B. Brewer and
Annie E. Brewer and Henry f. Win
CERT, assignee, against Samuel w.
Sewers; and No. 10, Samuel w.
Sewers, against Harvey B. Brewer
aud Annie f. Brewer and Henry +.
Wingert, assignee; two appeals in
each record from the Circuit Court
for Washington county; decree
affirmed in part and reversed in part
aud cause remanded for further pro-
ceedings. the costs in the Court below
to be paid as directed by the lower
court; two-thirds of the costs in this
court TO be paid by Harry B. and
Annie e. Brewer, and the remaining
one third by Henry F. Wingert, as
assignee. Chief Judge Boyd.
No. 23-James c. Morris, trustee,
against Thomas L. Stanley, Sarah
E. Barroll, executrix, and others,
from the Circuit Court for Cecil
county; argued by Washington Bowie,
Jr.. and Stephen w. Gambrill, for
appellants, and William S. Evans and
l.. Wethered Barroll for appellees.