The Washington herald., 1919-06-26
Bowie-Marlboro Tracks
Banned by High Court
Ruling Handed Down Says
Racing Illegal at Prince
George Courses May
Be Closed Down.

Baltimore. Nd, June 3AUnless
Governor Harrington can be prevailed
upon to call an extra session OF the
legislature this summer in order TO
sanction the appointment Of a racing
commission for Prince Georges Coup
ty. running races in that county at
Bowie and Marlboro will be as dead
as Hector.
The probable death blow was given
racing in Southern Maryland and the
death knell OF the Bowie and MARI
boro tracks was sounded also as far
as the present laws of the state are
concerned. when the Court of Appeals
at Annapolis today filed an opinion
declaring unconstitutional the present
Prince Georges County racing law.
The decision OF the Court of Appeals,
prepared by Chief Judge A Hunter
Boyd. holds that the granting of dates
for race track meetings is a non
judicial function. and therefore. not
to be exercised by the judges Of the
Prince Georges County Circuit Court,
as provided In the county race con-
troll and regulation law. Betting at
these tracks Is thus declared illegal
The opinion assures racing being
again injected into the politics of the
nj.
as ii is not thought the racing inter
ests will die without a stirf fight TO
have some legislation sanctioning the
running of the ponies passed at the
January session of the general as
sembly. However, il is assured that
the fall meetings at both Marlboro
and Bowie will not be held. as there
is now no authority vested in anyone
in the county TO set the dates unless
an extra session is called by the gov
ernor
For years trouble has required semi
annually over whether the Judges
could grant dates for the races. BY
the action Of the Court OF Appeals
today il is difficult TO see how the
tracks at Bowie and Marlboro can be
operated IN the future. 10 overcome
the legal wrangle over granting Of
dates, a bill was passed by the 1915
session Of the legislature creating for
Prince Georges County a racing, COM
mission similar to those in Baltimore
and Hartford counties. but this bin
failed to receive the signature of the
governor. thus plurEing the Bow e
and Marlboro managements back into
their previous legal troubles. NAM
years ago the Circuit Court Of RaItl
=
but this condL<on was overcome b..
the racing commission legislation
Bowie meetings are conducted BY the
Southern Maryland Fair Association
Of which James F. O'HaTa is general
manager. Mr.. Ofara is also inter
ssted in the half-miIe track at MARI
boro, where summer five-day meet
ings have been conducted.
The Maryland State Fair Associa-
ton, which operates at Laurel, hao
a law passed a few years back
which gave them the privilege OF
conducting a race meeting there
during the month Of October
Efforts are to be made at once to
have Gov. Harrington call an extra
session of the legislature to act
upon the race track question as well
as the suffra gist question.
II is conceded that the interest
in horse racing is largely sustained
by the placing of bets. With this
attraction eliminated the question
which arising is whether or not the
tracks can be profitably maintained.
The decision is the result OF suit
brought against the Southern Mary
land Agricultural Association by
Charles +. Close and others which
brought into question the constitu-
tionality Of the Prince Georges
County betting law.
The effect of the decision will be
keanly felt in Washington, where
the sporting element. driven from
BenninC. which was long one OF
the principal tracks of the South,
turned TO the Prince Georges County
tracks for their diversion and sport