Royal Commission appointed to Inquire into and report upon the Control and Management of Horse-Racing and Racecourses in and around Brisbane and Ipswich

Royal Commission appointed to Inquire into and report upon the Control and Management of Horse-Racing and Racecourses in and around Brisbane and Ipswich (1930)
Commissioners H. H. Henchman, J. Cadell Garrick, and F. J. McCarthy
2028914Royal Commission appointed to Inquire into and report upon the Control and Management of Horse-Racing and Racecourses in and around Brisbane and Ipswich1930Commissioners H. H. Henchman, J. Cadell Garrick, and F. J. McCarthy


1930.


QUEENSLAND.



ROYAL COMMISSION ON RACING AND RACECOURSES.



REPORT,

APPENDICES, AND EXHIBITS

OF

THE ROYAL COMMISSION

APPOINTED TO

Inquire into and Report upon the Control and Management of Horse-Racing and Racecourses in and around Brisbane and Ipswich.




MEMBERS OF COMMISSION:

The Honourable MR. JUSTICE H. H. HENCHMAN, M.A., LL.B. (Chairman).

J. CADELL GARRICK, Esq., B.A. (Camb.),
Barrister-at-Law.

F. J. McCARTHY, Esq.,
Barrister- at-Law; Commissioner of Stamp Duties.


SECRETARY:

C. PAGE-HANIFY, F.I.C.A



PRESENTED TO PARLIAMENT BY COMMAND.



BRISBANE:
BY AUTHORITY: ANTHONY JAMES CUMMING, GOVERNMENT PRINTER.

A. 2—1930.



Table of Contents.


Page
COMMISSIONS .. .. .. .. .. .. .. .. .. .. 5,7
REPORT—
Part I.—Racing as at present conducted .. .. .. .. .. 11
Part II.—Registered Racing—
A—Racecourses—
(a) The Brisbane Racecourse .. .. .. .. .. .. 16
(b) The Sandgate Racecourse .. .. .. .. .. .. 18
(c) The Bundamba Racecourse .. .. .. .. .. .. 19
(d) The Albion Park Racecourse .. .. .. .. .. .. .. .. 20
B—Race Clubs—
(a) The Queensland Turf Club .. .. .. .. .. .. 23
(b) The Brisbane Amateur Turf Club .......... 24
(c) Tattersall's Club .. .. .. .. .. .. .. .. 29
C—Prize Money .. .. .. .. .. .. .. .. .. 30
D—Race Meetings .. .. .. .. .. .. .. .. .. 30
E—Restriction of Racing .. .. .. .. .. .. .. .. 32
F—Stipendiary Stewards .. .. .. .. .. .. .. .. 32
G—Board of Control for Registered Racing .. .. .. .. .. 33
H—Proprietary Racing .. .. .. .. .. .. .. .. 34
J—Admission of New Clubs .. .. .. .. .. .. .. 34
Part III.—Unregistered Racing—
A—Racecourses—
(a) Kedron Park .. .. .. .. .. .. .. 37
(b) Coorparoo .. .. .. .. .. .. .. .. .. 39
(c) Goodna .. .. .. .. .. .. .. .. .. 40
(d) Strathpine .. .. .. .. .. .. .. .. 41
B—Clubs and Proprietaries—
(a) Kedron Amateur Racing Club .. .. .. .. .. .. 41
(6) Coorparoo Turf Club .. .. .. .. .. .. .. 47
(c) Goodna Amateur Race Club .. .. .. .. .. .. 48
(d) Strathpine Turf Club .. .. .. .. .. .. .. 50
(e) Ipswich Amateur Turf Club .. .. .. .. .. .. 50
(f) Metropolitan Owners, Trainers, and Jockeys' Association .. .. 52
(g) West Moreton District Amateur Race Club .. .. .. .. 52
C—Prize Money .. .. .. .. .. .. .. .. .. 53
D—Race Meetings .. .. .. .. .. .. .. .. 53
E—Restriction of Unregistered Racing .. .. .. .. .. 54
F—Stipendiary Stewards .. .. .. .. .. .. .. 55
G—Board of Control .. .. .. .. .. .. .. .. 56
H—Proprietary Unregistered Racing .. .. .. .. .. .. 57
Part IV.—Trotting .. .. .. .. .. .. .. .. .. 58
Part V.—General .. .. .. .. .. .. .. .. .. 59
A—Queensland Breeders, Owners, and Trainers' Association .. .. 59
B—Betting .. .. .. .. .. .. .. .. .. 60
C—Betting Houses .. .. .. .. .. .. .. .. 60
D—Compensation—Coorparoo Racecourse .. .. .. .. .. 60
E—Disposal of surplus assets on winding up of Clubs .. .. .. 61
Part VI.—Recommendations .. .. .. .. .. .. .. 62
APPENDICES—
A—List of names of witnesses .. .. .. .. .. .. 65
B—List of Exhibits .. .. .. .. .. .. .. .. .. 66
C—Copies of Agreements
(i.) Copy Agreement dated 17th April, 1923, Nathan and Wren to Macfarlane and Rees as Trustees Brisbane Amateur Turf Club 70
(ii.) Copy Agreement dated 17th April, 1923, indemnifying Trustees and Members Brisbane Amateur Turf Club 75
(iii.) Copy Agreement dated 6th December, 1929, Nathan and Wren and Macfarlane, Rees, and Ahern, also annexure Nathan and Wren and Trustees Brisbane Amateur Turf Club 75
(iv.) Copy Agreement dated 24th August, 1923, Nathan and Wren to Bouchard and Rees as Trustees Kedron Amateur Racing Club 79
(v.) Copy Agreement dated 24th August, 1923, collateral to (d).. .. 83
(vi.) Copy Agreement dated 24th August, 1923, indemnifying Trustees and members Kedron Amateur Racing Club 84
(vii.) Copy Agreement dated 5th February, 1930, Nathan and Wren with Bouchard and Rees as Trustees for Kedron Amateur Racing Club 85



Appendices.



Page
A—List of names of witnesses 65
B—List of Exhibits 66
C—Copies of Agreements
(i.) Copy Agreement dated 17th April, 1923, Nathan and Wren to Macfariane and Rees as Trustees Brisbane Amateur Turf Club (Ex. No. 20.) 70
(ii.) Copy Agreement dated 17th April, 1923, indemnifying Trustees and Members Brisbane Amateur Turf Club (Ex. No. 21.) 75
(iii.) Copy Agreement dated 6th December, 1929, Nathan and Wren and Macfariane, Rees, and Ahern, also annexure Nathan and Wren and Trustees Brisbane Amateur Turf Club (Ex. No. 178.) 75
(iv.) Copy Agreement dated 24th August, 1923, Nathan and Wren to Bouchard and Rees as Trustees Kedron Amateur Racing Club (Ex. No. 23.) 79
(v.) Copy Agreement dated 24th August, 1923, collateral to (d) (Ex. No. 23a.) 83
(vi.) Copy Agreement dated 24th August, 1923, indemnifying Trustees and Members Kedron Amateur Racing Club (Ex. No. 23b.) 84
(vii.) Copy Agreement dated 5th February, 1930, Nathan and Wren with Bouchard and Rees as Trustees for Kedron Amateur Racing Club (Ex. No. 181.) 85



Entered on Record by me in the Registor of Patents, No. 17, page 100, this twenty-ninth day of August, A.D. one thousand nine hundred and twenty-nine

(Signed) G. W. WATSON,
Under Secretary, Chief Secretary's Department.

COMMISSION.
George the Fifth, by the Grace of God, of Great Britain, Ireland, and the British Dominions beyond the Seas, King, Defender of the Faith, Emperor of India :—
To The Honourable HEREWARD HUMFRY HENCHMAN, M.A., LL.M., a Judge of the Supreme Court of Queensland, JAMES CADELL GARRICK, Esquire, Barrister-at-Law, and FREDERICK JAMES MCCARTHY, Esquire, Barrister-at-Law, Acting Commissioner of Stamp Duties.
Greeting :

WHEREAS it is expedient in the public interest that full and careful inquiry should be made into the control and management of horse-racing and racecourses (including the form, manner, and extent of such control and management to ensure proper conduct on the part of all persons taking part in horse-racing) in an area comprising the areas of the City of Brisbane and the City of Ipswich and the area between the said cities bounded on each side of the railway line between the said cities by a line running parallel with and distant five miles from such railway line, and into the ownership of all racecourses (including in that term all lands originally granted, reserved, or set apart for the purposes of horse-racing and/or racecourses) in such area, whether at present used as such or not, and the tenure under which the same are held, and into the extent to which each and every such racecourse is used for the purpose of horse-racing and the extent to which horse-racing is carried on in such area, and more particularly into (but without limiting the scope of such inquiry to) the matters following, that is to say :—

(1.) Under what form of tenure each and every racecourse is held, whether under the provisions of the Land Acts, or under any and what trust or trusts or under freehold or under any and what other tenure ;
(2.) As to each and every racecourse whether the same is owned or leased or held and/or controlled and/or managed by a bona fide club and/or a committee thereof or by any and what person for his or their own use and benefit or by any and what person on behalf of or for the use and benefit of any other and what other person ;
(3.) As to each and every racecourse owned or leased or held and/or controlled and/or managed by a bona fide club and/or a committee thereof, and as to each and every racecourse owned or leased or held and/or controlled and/or managed by any club so called but not being a bona fide club and/or by a committee or body of persons purporting to be the committee or controlling body of such club—
(a) By whom such committee is elected or appointed ;
(b) What are the qualifications for membership of the club and of such committee ;
(c) By what method such committee is chosen or appointed ;
(d) What is the number of members of the club and of such committee ;
(e) Whether the number of members of the club is limited, and, if so, what is or are the reason or reasons for such limitation ;
(f) In what manner and for what purpose or purposes the moneys receivod by such club whether from subscriptions, fees, licenses, charges for admission, totalisator deductions, fractions, and all other sources are expended, applied, disposed of, or used ; and
(g) Whether proper books of account are kept by such club, disclosing the manner in which and the purposes for which all such moneys of the club are expended, applied, disposed of, or used.
(4.) (a) Whether any racecourse has been sold, leased, mortgaged, charged, encumbered, or dealt with or agreed so to be, and, if so, what is the nature and effect of, and what agreements or other instruments have been executed pursuant to or in connection with any such sale, lease, mortgage, charge, encumbrance, dealing, or agreement ;
(b) What is the financial ability of the party or parties to any such sale, lease, mortgage, charge, encumbrance, dealing, or agreement, or of any person directly or indirectly interested therein to complete and carry out the same.
(5.) As to each and every racecourse by what person and by what arrangement, agreement, or agreements, if any, the days for holding race meetings thereon are appointed or allotted.
(6.) (a) Whether it is desirable that the number of days upon which race-meetings are held should be reduced generally, or on any, or if so, which racecourse or racecourses ;
(b) Whether it is desirable that the days upon which race-meetings may be held should be confined to Saturdays and Public Holidays.
(7.) Whether it is desirable to reduce the number of race clubs and /or racecourses.
(8.) Whether it is desirable to restrict or prohibit horse-racing under any, and, if so, which of the existing forms of control.
(9.) Whether it is desirable to constitute a board of racing control, and, if so, how such board should be constituted, and in what manner should it be elected or appointed.
(10.) Whether it is desirable that Stipendiary Stewards should be subject to the control of an authority other than the person by whom such Stewards are appointed and/or paid, and, if so, to the control of what authority.
(11.) As to each and every racecourse whether the same the racing track and other the appointments thereof are reasonably suitable for the purpose of horse-racing, having regard in particular to the safety of jockeys and horses.
(12.) Whether any racecourse formerly used as such has ceased to be used as such, and, if so, what are the reasons why such racecourse has ceased to be used as such.

And it is intended by these presents that the word "person" shall mean and include the plural thereof, a corporation, a partnership, an association, a club, and any body of persons: Now, therefore, know Ye that We, reposing especial trust in your zeal, knowledge, learning, industry, discretion, and ability, do by these presents, by and with the advice of Our Executive Council of Our State of Queensland, constitute and appoint you, the said Honourable Hereward Humfry Henchman, James Cadell Garrick, and Frederick James McCarthy, to be our Commissioners for the purpose of inquiring into the matters hereinbefore mentioned and any other matter pertaining thereto as to you should seem meet: And We do hereby require and enjoin you to make diligent inquiry into the matters aforesaid, and for the purpose to exercise all the powers conferred upon a Commission by "The Official Inquiries Evidence Act of 1910" or any Act or Acts in substitution therefor or in amendment thereof: And We do furthermore command and enjoin you to summon before you and to examine all such persons as may appear to you able to inform you concerning the premises and to cause to be taken down in shorthand and reduced into writing the evidence of the several witnesses that may appear before you, and such evidence, together with a full and faithful report touching the matters aforesaid, to transmit to the Honourable The Premier and Chief Secretary of Our said State; And We do hereby appoint You, the said Honourable Hereward Humfry Henchman, to be Chairman of this Our said Commission.

In testimony whereof, We have caused the Public Seal of Our said State to be hereunto affixed.
Witness Our Trusty and Well-beloved His Excellency Sir Thomas Herbert John Chapman Goodwin, Lieutenant-Ceneral on the Retired List and in the Reserve of Officers of Our Army, Knight Commander of Our Most Honourable Order of the Bath, Companion of Our Most Distinguished Order of St. Michael and St. George, Companion of Our Distinguished Service Order, Governor of Our State of Queensland and its Dependencies, in the Commonwealth of Australia, at Government House, Brisbane, this twenty-ninth day of August, in the year of Our Lord One thousand nine hundred and twenty-nine, and in the twentieth year of Our Reign.
(Signed) JOHN GOODWIN.
By His Excellency's Command,
(Signed) A. E. MOORE.



Entered on Record by me in the Register of Patents No. 17, page 110, this twenty-third day of October, A.D. one thousand nine hundred and twenty-nine.
(Signed) G. W. WATSON,
Under Secretary, Chief Secretary's Department.
Commission.
George the Fifth, by the Grace of God, of Great Britain, Ireland, and the British Dominions beyond the Seas, King, Defender of the Faith, Emperor of India:—

To The Honourable Hereward Humfry Henchman, M.A., LL.M., a Judge of the Supreme Court of Queensland, James Cadell Garrick, Esquire, Barrister-at-Law, and Frederick James McCarthy, Esquire, Barrister-at-Law, Acting Commissioner of Stamp Duties.

Greeting:

Whereas by a Commission under our hand we constituted and appointed you, The Honourable Hereward Humfry Henchman, M.A., LL.M., a Judge of the Supreme Court of Queensland, James Cadell Garrick, Esquire, Barrister-at- Law, and Frederick James McCarthy, Esquire, Barrister-at-Law, Acting Commissioner of Stamp Duties, to be our Commissioners for the purpose of inquiring into the control and management of horse-racing and racecourses and other matters therein mentioned in an area defined in our said Commission: And whereas it is expedient in the public interest that full and careful inquiry should also be made into the same matters as are set out in our said Commission in a further area—to wit, such area as will include the racecourse at or near Strathpine in our said State, and known as the Strathpine Racecourse: Now, therefore, know ye that we, reposing especial trust in your zeal, knowledge, learning, industry, discretion, and ability, do by these presents, by and with the advice of Our Executive Council of Our State of Queensland, constitute and appoint you, the said Honourable Hereward Humfry Henchman, James Cadell Garrick, and Frederick James McCarthy, to be our Commissioners for the purpose of inquiring into the matters hereinbefore mentioned and any other matter pertaining thereto as to you should seem meet: And we do hereby require and enjoin you to make diligent inquiry into the matters aforesaid, and for the purpose to exercise all the powers conferred upon a Commission by "The Official Inquiries Evidence Act of 1910 to 1929" or any Act or Acts in substitution therefor or in amendment thereof: And We furthermore command and enjoin you to summon before you and to examine all such persons as may appear to you able to inform you concerning the premises and to cause to be taken down in shorthand and reduced into writing the evidence of the several witnesses that may appear before you, and such evidence, together with a full and faithful report touching the matters aforesaid, to transmit to the Honourable The Premier and Chief Secretary of Our said State: And We do hereby appoint you, the said Honourable Hereward Humfry Henchman, to be Chairman of this Our said Commission.

In Testimony Whereof, we have caused the Public Seal of Our said State to be hereunto affixed.
Witness Our Trusty and Well-beloved His Excellency Sir Thomas Herbert John Chapman Goodwin, Lieutenant-General on the Retired List and in the Reserve of Officers of Our Army, Knight Commander of Our Most Honourable Order of the Bath, Companion of Our Most Distinguished Order of St. Michael and St. George, Companion of Our Distinguished Service Order, Governor of Our State of Queensland and its Dependencies, in the Commonwealth of Australia, at Government House, Brisbane, this twenty-third day of October, in the year of Our Lord One thousand nine hundred and twenty-nine and in the twentieth year of Our Reign.
(Signed) JOHN GOODWIN.
By His Excellency's Command:
(Signed) A. E. MOORE.


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