The New York herald., 1875-12-18
NATIONAL TROTTING ASSOCIATION.
DECISIONS OF THE BOARD OF APPEALS IN Ex-
RcUrIvE sEssIoN-AN INTERESTING WESTERN

DECISIONS OF THE BOARD OF APPEALS IN TX
RcUrIvE sEssIoN-AN INTERESTING WESTERN
CASE.
The Board or Appeals or the National rrotting Asso-
citation continued IL work yesterday the Fnh Ave-
nue. Hotel and in executive session made the following
decisions:-
No 3lG J. J. simons, Brandon, VT vs. L. J. Brown
Fohburg, Mass, and the black gclding Black Jack,
alias Roliston Boy-Protest and complaint alleging in
eligible entry and fraudulent change Of Bethel
| VI Decision-The Board orders the continuance or
tho case 10 the next meeting
/ No 34S c. j. Phipps Coatsville Pa vs. Eastern
Duchess Association, Amcnia \. Y.-Application for
removal Of penalty OF suspension imposed him and
the bay mare Sadie for non payment OF entrance fee
Decision-The Board orders the reinstatement OF
Phipps, but continues the suspension against the
mare
No. 357. s W. Nash, Detroit Mich, vs. Rochester
Driving Park Association from the decision OF
arace. Decison-The Board held that the ontry Of
Tom Collins was ineligible and that the Rochester Park
shall proceed without regard TO the horse 70 distribute
the money.
No. 3S2 John Grenawalt, Philadelphia, Pa-petition
for rcinsl slatemen Of the bay Lady Rachel alias
Mountain Girl alias Lady Emma At d former meeting
tho mare expelled by the Woodbury. Park Association
Woodbury., ~ j., reinstatcd but question arose
out OF the case as TO the proper reception or entries BY
again taken up Decsion-Thc accusation affecting the
dismissed
No 42a r. C. Cook. Camden, \. j., ". Woodbury.
Park Association Woodbury. n. J.-Complant alleging
violation Of rules and Of agreement respecting De-
decision respecting the first heat, but i Is not reviewed.
as no substantial result would be attained The pre-
MUM In the race Is ordered to DO awarded according TO
the rules
No. AZ. w. P Kinzer, Wooster, Ohio, vs. Grccnvilo
Driving Park Grecnyillc Pa-AppeaI from the ruling
OF the judges Of Decsion-The appellant falls
to support his claim, and the is dismissed
No 42s W. r. Kinzcr, Wooster, Ohio, vs.. J. Phelps
Waterford Pa-Compaint alleging fraud In entry
by representing the gray goldng Charles be John r.
and application Tor award under the rules Dcci-
sionThc complainant fails to sustain his case and 1t
No 42a G. W swick, Worcester, Mass, VS. Fitch
| burg Park Association, Fitchburg, Mass.-Applcaton
Tor removal OF penalty OF suspension imposed on him
and tho black mare Topscy. Decision-Appcaton
denied.
No 43l Daniel De Noyees, Haverstraw, New York,
| VS.. Hamilton Park New Haven CLARK White, lesseel
Appeal for removal OF penalty Of suspension imposed
on him and tho bay mare Adelaide (formcly KITTY
watsonD Dccison-Thc man and the marc are re
lieved from the penalty of suspension the grounds
that Moses II. Whipple had an interest in the cntry
and has claim against Clark White Of an unpaid
purse, and Whippe's interest in the marc known
to White when the entry was made.
No. 449 w. g. Gibbons, Corning, y. r., Va Etna
| Driving Park Agricultural Association Etna, n. "
Application for removal Of suspension Decision
Application denied and the entrance fee now in tho
hands of the Secretary OF the National Association be
handed over to the Etna Association
= No. 455. J. H. Wleblc, lidioute Pa, rs Plttsb1rg
OF penalty of suspension Decsion-Case continued to
the next meeting Of tho Board
No. 45S Nathan B. Trout Boston, Mass. Tex x-parel -
Application for correction OF an alleged error IN the
ord Of reputcd change of the name Of the bay
oore rendered was unjust TO tho petitioner inasmuch
! as the not thoroughly understood on the
| ture OF the evidence presented that although the
oil Bessie enormously entered Topscy the fact
made known before the race and that she did trot
| with this knowledge properly communicated there
FORE Tho rule not violated TO demand the i'm
position of the penalty previously prescribed and The
money is ordered to be paid over to the owner OF hc
| mare.
No 46T. Parker Wineman Joliet, Ill.,. and others VS.
Northwestern Agricultural Association, Dubuque
IowaAppeal from an order OF suspension and applca
lanrt arpfer lnan tnd
much attention, particularly among Western turfnen
The merits Of it seem to be that Parker Wncman. IL
Kelly and H. Van Ness entered their horses from Rock
Island by telegraph 10 trot at tho September meeting
1875, OF tho above association Subsequently they
made engagement TO perform with their horses at
meeting for tho same week at Davenport Iowa, with
/ the Scott County Agricultural Society of which Mr.
Q. S. McNiel referee for Iowa, is the secretary.
Not appearing at Dubuque, they notified that they
would be suspended for non-payment Of entrance If II
| was not Immediately settled. Wineman and his
| ciatcs then made q statement, which they sent to
McNel asking that investigation be held TO deter
mine their liability for entrance money at Dubuque
They sont papers the Of tho Secretary OF The
National Association but the latter was advised that
I papers had been transmitted to McNcl Upon this
actonthe ignoring of the proper authorityeeems 10
hang the whole case The following the decision -
The Board finds with regret that its action its
motives in this case have been misunderstood both
! the West and the East IL expressly understood
the Chicago adjustment, March last, for ii was
plainly and frequently said for by Chairman that
nothing could be agreed to that in any way iniringed
upon the rules OF the National Association but that
under them eyory facility for early and cheap
I ugatione oil cages would Dc gwen ia tho west;
! but that all such investigations would in
/ their results only tend to procure temporary
! cIcmency If any, from the President under
article of the bylaws and 10 place the facts before
the Board for ultimate decision chcaply to the parties
1 Nowhere did the Board at Chicago agree that the
recommendations OF the referee should bind IT, but on
the contrary, 1t expressly refused 10 sanction such
clause the ground that it had right to abrogate
4 its powers by delegation otherwise
! Hence the agreement as made and observed in
! good faith by the Board in this
Article of the bylaws provides that all charges
to ahara NVaiio nth
ncatons, shall pass through the hands OF Score
tary The sixth clause OF the Chicago agreement shows
! that performance Of this duty by the
complainant expected in such n
! theirs. Wneman and others have not TO this day
filed their complaint required but have sent II to
the Iowa referee direct to whom they TO look
an authority superior to this Board The Board has
not objection to investigation TO be made by
hr Mcneil, and IL has never doubted his disposition
make far The fact, however that he requested
the Secretary TO reovo him Of this duty and gave good
for making the request, induced the Board at
lieving that such just TO the parties and
due TO tho local referee. As. however this has not
given satisfaction to the complainant, and
| the Board seeks TO know the facts no
from whence they be drawn II is ordered that
this case be referred tho referee Of the Iowa
pear before him n the city Of Dubuque after days
notice and give such testimony as thoy may have 10
offer and return tho TO the Office of the Secre
tary Hartford IL IL also ordered that the Secretary
send copies the referee OF all papers tn his charge
ned by the defendant that the complainant may have
this continued until the regular meeting Of
( the Bonrd.
The Board will conclude its labors to-day