Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-04-09
Nielsen aud the American Association
TChicago Horseman1

Much speculation is being INDUCED in -
to the probability Of c. II. Nelson and his
famous horse, the champion stallion that
bears his name, being permitted upon the
tracks Of the American Trottiog Associa-
ton this season, while under expulsion
from the tracks Of the National Trotting
Association.
The American Association long ago set
an example which the National had been
pueriie enough not to follow. The Ameri-
can has recognized National expulsions for
fraud, but the National has net recognized
the expulsionsof the more powerful aeso-
citation. The one has acted with desire
20 elevate and cleanse the trottibg turf the
other has practically invited the outcasts
from American tracks to come to its
courses.
In recognizing the expulsions of another
association the American Association has
certainly the discriminatory right. II is
not bound either in its own laws or in rea-
son to recognize explosions which its exec
utive holds to be illegal or uawarrsnted
To argue otherwise is to argue that an
association should enforce the severest Of
turf penalties against man whom it may
believe to be Innocent, or whose convic-
ton of the charges made against him may
have been illegal.
As TO the Nelson case, the question Of
bis Innocence or guilt even If there were
any doubt on this point, does not enter
into the mater. Nelson is under expul-
sion, the legality OF which is exceedingly
q questionable, sod he and bis horse can be
again admitted to American trofting tracks
in 1891 ia three ways, viz: Either by REIN
statement by the National Associate IN, rein-
statement by the American Association, or
by temporary reinstatement By the presi.
dent of the American Association, whose
laws endow its president with this preroga.
tive.
1t will be remembered that the Supreme
Court Of the state of New York granted an
ipjunc ion forbidding the National Assoeia-
ton to try the Noble and Nelson case on
the ground that the board Of review had
no jurisdiction. That injunction has not
yet been dissolved, and uatil it has the ex-
puision of Nelson is certainly under sus-
picion IS to its legality. In the present
status Of the case the expulsion il one that
she highest court Of the Empire state has in
effect pronounced illegal. IL the American
Association in any way bound to enforce
uic t&pui-'Ou u1tll tut guesiOD as W Ite
legality is foally settled?
The notorious Nelson Alcyron race was
trotted at Beacon Park under the msnage-
ment of the late Wesley p Bslch, who
was not member Of the National Trotting
Association. The National had precisely
the same authority and ju.isdic;ion over it
that it would have had were the race
trotted down one of New Euglsnd's coun-
try roads. There is nothing in is cons.i-
tuition or its laws giviog it jurisdiction over
tracks not in membership and even IL its
rules an regulations did claim such sjuris-
diction that would not necessarily confer
authority that would not stand the Legal
test. In the second section Of the Nation
ais charter ''the prevention, detection
ard punishment Of fraud" on the American
,rottiDg turf is stated to be one OF its
obj cts, bus there is nothiag in its constitu-
zion or rules that can give it jurisdiction over
affairs On tracks that are not its members
As a matter Of policy we believe it would
be we'll for both associations to take no
cognizauce Of affairs on non association
tracks. We believe this course would ulti-
rnately tend TO elevate ard strengthen the
trot,iug turf. 1t would drive every decent
track, for lie own protection, into member.
ship with either one Of the associations,
whereas now many minor track managers
reason that as they are protected in any
event Ii is not worth while to incur the
expenses of membership. Were thin volun-
tsry protection Withdrawn, were it geu-
orally known that non-association tracks
were Mt the mercy Of turf pirates and ou'-
laws, there soon would be no non-sssocia-
ton tracks.
The people of the West are anxious to
see Nelson trot this summer, ard indeed
the whole country would like to see the
champion trotting stallion wear his lsureis
without stain and increase his fame il he
can BY still grester performances. II the
National Association gives him no relief
Nelson will naturally apply to President
Besman Of the American Association for
temporary Reinstatement, and it would no.
surprise The Horseman, ia view Of all the
circumstances, should the application be
favoraely considered.