Stories from the History of Nashua’s Police and Fire-Rescue Departments.

On March 25, 1930, in the United States District Court D of New Hampshire, a lawsuit is filed between Charles B. Ross, of Grantwood, Bergen County, NJ, doing business as the Eastern Mint Vending Company (plaintiff) against Nashua Police Chief, Irving Goodwin, Manchester Police Chief, Michael Healey, Richard M. O’Dowd, sheriff of the county of Hillsborough, NH and John L. Sullivan, solicitor for the county of Hillsborough, NH. The suit seeks an injunction against the defendants restraining the officers and named persons from seizing removing, confiscating, and destroying slot machine-vending machine which the company proposes to place in different sections of Hillsborough County, and from intimidating, molesting or in any manner interfering with the operations of those machines of the complainant, or with him, his agents or other persons acting with him. On it’s face, the machine appeared to innocently dispense a small package of mints for the cost of a penny. However, apparently there were several colors of mints dispensed, but one color at a time. Subsequently, some people used this to bet with others on what color would come out of the machine. Hence… the machine became a gambling device.
The lawsuit states that the complainant has for some time been purchasing these machines from the Mills-Front O.K. Mint Vender Machines company. Most recently, the complainant has purchased a large number of machines for the purpose of placing them around Nashua and Manchester for the purpose of selling said mints and in fact has secured contracts to that effect. He claims that his agents have been harassed, and threatened with arrest and prosecution if they attempt to place the machines in Nashua or Manchester. The complainant had a sizeable investment as each machine was claimed to have cost $100 and he planned to place 100 in Nashua and Manchester. The petition further states that if the threats to seize the machines is carried out, the plaintiff will be deprived of his property without due process.
The plaintiff had tried to operate the machines in Manchester in 1928 when a Manchester city court held that they were capable of being used as gambling devices and as such, were in violation of gambling laws.

An injunction was sought on February 27, 1930. At that time, Judge Morris of the US District Court refused the injunction stating that the complaint did not fall under the jurisdiction of the federal court. There was also some question as to the constitutionality regarding the seizure of the machines.
On March 25, the defendants, appearing by Ralph Davis, Attorney General for New Hampshire have filled a motion to dismiss the suit upon the grounds that the District Court of the United States for the District of NH is without jurisdiction in such a case due the Eleventh Amendment to the Constitution of the United States. Author’s Note: The 11th Amendment provides for the separation of state and federal law.
It was further noted that the NH law reads, “Any slot machine or other machine or appliance intended for the purpose of winning money or any other thing by chance or hazard is a gambling implement, and all laws relating to *…gambling implements shall include all such machines and appliances.”
The brief noted further that a restraining order, such as was being sought by the plaintiff, would prevent the officers named as defendants from executing criminal laws of the state, and that therefore the suit is, in effect, one against the state of New Hampshire.
The defendants have also filed a motion to stay proceedings on the ground that the question involved is one relating to state rights, and that it is governed by section 266 of the Federal Judicial Code requiring the summoning of a statutory court of three judges to determine the question of issuing a preliminary or permanent injunction.
The brief filed March 25, 1930 says, “The petitioner’s complaint does not challenge the constitutionality of the New Hampshire statute, but rests it’s action upon the charge of abuse of power by certain officers of the state.”
The nine-page brief of March 25 boils down to the following:
- Charles Ross tried to start his vending machine business in Manchester in 1928 and failed. He was chased out of town because police considered his vending machines were being used as a gambling device. Whether it was true or not is open to debate.
- Early in 1930, for whatever reason, (perhaps something changed) Ross tried to start the vending business again, this time in both Nashua and Manchester. Again, he was advised by both Nashua and Manchester police that the vending machines fell under the heading of “gambling devices” and as such were illegal.
- Ross brough suit against Manchester and Nashua police, the Hillsborough County sheriff, and the Hillsborough County solicitor seeking an injunction against what he felt was unfair treatment and an abuse of power by police officials.
- What started out as something fairly simple, became entangled in legal red-tape regarding under which court’s jurisdiction the case should be adjudicated, and whether it was a case against the state of NH, or a civil case or a criminal case.
- One of the entanglements seemed to be that neither Ross, nor his agents, were ever actually arrested or charged with anything, but only harassed and intimidated. And apparently some of his vending machines were seized.
- The last line of the brief states, “The case may stand for trial upon its merits.”
Nothing more could be found on this case.
And then there’s this from the same time period. If you have ever squawked about the traffic congestion in downtown Nashua, you are not alone. If it’s any consolation, know that at one time, city planners, the board of Aldermen, and Nashua Police thought they had a handle on the situation. In 1929 there were 546 accidents reported in the city, of that 524 were automobile accidents, 3 of them fatal. The police department made a study of all auto accidents to see if there was a pattern or to determine where the most dangerous spots were in the city. The annual report stated, “In summing up the situation, it appears that this city has five danger points; on West Hollis St., from Main St. to Hanover St., the entire length of West Pearl St.; Main St., from Deschenes Park (Railroad Square) to Factory St.; at the intersection of Canal and Chandler Streets, and Pine St., from Kinsley St. to Lovewell St.”
Up to this time, the only means of controlling traffic, outside of the ubiquitous stop sign, was placing a traffic cop at the intersection of Main and Temple St. during the summer when tourist traffic was heaviest.
During 1929, automated traffic lights were installed at the corners of Main St. and Hollis, Pearl, Temple, and Factory Streets and in front of City Hall. (At that time the City Hall was on the east side of Main St. just north of the Odd Fellows building.) The lights were approved by the Police Commission after a thorough study of Main St. traffic. The total cost of installing the lights came to $6,372.00 of which $3,500 was made available by the Board of Aldermen, the remainder came from the Police Department budget. “The Traffic Problem has been somewhat solved and we feel that the New Traffic Lights on Main Street have served to speed up traffic and help congestion of the automobile situation.” (From the City of Nashua Annual Report dated March 17, 1930)
Excerpted from “Nashua’s Finest: The History of Law Enforcement in Nashua NH”

Yester-Heroes author Gary Ledoux grew up in Nashua’s Crown Hill area, attending Nashua schools and graduating from Nashua High in 1970. He attended NH Vo-Tech for a time, then moved to Amherst, then Manchester, and Weare. He served as a volunteer on the Amherst Fire Dept from 1974 to 1977. A career in the automotive business took him to Florida and then to southern California. After 48 years, he retired in 2017, moving back to Florida with his wife, Rachel, and two dogs. He has published seven books, including two about Nashua history, and has been a contributing editor or contributor to 10 different magazines. Gary can be reached at mayorclum@yahoo.com