The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-01-03
HORSES AND HORSEMEN.


More About the Portland De-
ClsiOn--Tnrr Briefs.
Tho recent decision In the Tongue Kirken. |
dali case ID Of more than ordinary interest
to horssmsn. Mr.. Kirkendall during the
Helena meeting lad Homsstsks In a race
in which Lady Maxim also started. A pro.
davits produced and sworn TO BY Measrs.
Kirksndall and Wisnds, accompanied by \
bill Of sale, the judges we're satisfied that
Lady Maxim had really been sold to
Wlands as sisted aud the two were permit-
ted to start in the race. Tho official
report to tho National Trotting association
or the Portland case which il here given
may have so'ns bearing on the Helena case,
which WIS held In allegiance by the judges.
1t Is a. follows:
~ ,806-Thomas H. Tongue, Hillsboro,
Ore, Va. H.. Kirkendall, Helena, Mont,
and bay Relding Homsstake and bay mare
lazy tar y m aa yom apIa Z :. a N th application, n;h;'ita
Of the horses in the 2,26 race at Portland,
Ore, Sept. II, 1890.
ut appears that respondent leased the
racing qualities OF Homestake from it's
owner, Mr.. Salisbury, and the horse was
entered by Mr.. Ed. Lafierty.' respondents
0AlVCAs - ulb UkDV6I0 UllHU I3 OWlloA 1luAy
Maxim, but had leased her racing qualities
to 4 Mr.. Winans, who requested defendant
to enter thu mare for him. Roth horses
started in the 1926 class. Homestake win
ming the race. 1t ID shown that the plantih
objected to both horses starting in the race
as contrary to rule 8. 1t is
Held, That ~ Mr.. Kirkendall owned
Lady Maxim, and controlled Homestake by
lease, they could not both legitimataly
start, and amy moneys won by. them or
either OF them, must be returned for dis
tributiOn to other parties in the race"
was not 30 much a matter Of the money in
volved, says the Oregonian, az to settle the
question for the North Pacific coast,
whether one man could lease horses in d
race out to different people. and thus con-
troll its income. II k~irkendalrs claim, that
had been sustained il would open up the
way to a state Of affairs undes which one
could virtually control a race. The result
therefore. is q cause for the public to con
graduate itself on being secured
an ADDITIONAL guarantee Of protec-
Montana with Kirkendall and Lafferty. and
must have known what Homestake could
do. or at any rate, near enough to know
that he could beat the mares. The amount
Of money. therefore, that he would pay fol
the use of Maxim in the race would not b.
ut Ill bJupbuOOuEs IeEuhpSL ue Iu6d WEB "
win with Maxim, Homestake helping, il
they could. The Oregon mares, however
were too fast, and the gelding had to b
driven out.
Kirkendall, of course, will now be called
upon to refund the ffst money. Failing t.
do this, he could be barred from the track.
Lodge a few days ago negotiating will
Kohrs Il Bielenberg for four promising
youngsters by old Regent. The trade viii
doubtless be closed and Mr.. Baker will b.
out next season with a new stable.
Homestake, 2:144, and Margaret s.
2:1219, are to be driven as a pole team, ant
they will try to break the record held b.
Belle Hamlin and Justina.
Ills said that the California FLY, Mar
garet 3. has won mo-e money than an,
four-year-old that was ever on the turf. Il
1855 her winnings we're $500; in 1889 sh
won the Spirit Of the Times stake and othe
events. netting her 1886. 76. and in 1S9
she won more money than any other hors
on the trotting turf. Her total winning
aggregate $21, 05S.7 6.
w. II. Babb has recovered from his re
cent illness.