The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-06-19
RIGHTS OF JOCKEY CIURs

A"s shSTc Is not much In 1t.
RIGHTS OF JOCKEY CLUBS.
A"oy Cant Bar Horses as They Choose
-Hace-Gambiing LegaIized.
h~ YORK, June 13.-[Special Core
spondence. Our second spring legitimate
racing meeting-that of the Morris Park
Association-is nearly over, and the pat
rohage both meetings have received indi-
cafes that ''the sport of kings" is more
popular and profitable hereabouts than
ever Thirty thousand people saw the
brooklyn handicap, while more than twice
tnat number of people witnessed the run
hing OF the Metropolitan handicap at Nor
ris park on the opening day. The prizes
offered TOR these big races are great. but it
seems as though the greater the prize the
greater the profits of the clubs. giving
them. Americans are natural gamblers,
ana the race course and the stock,
grain and oil exchanges offer the
only legal opportunities for indulg-
Ing in this alluring method of getting
money. The racing associations in this
vicinity are usually very profitable to their
stockholders. This may be inferred from
the fact that the Brighton Beach Associa-
lion. second-ciass track, last summer
cleared $4,000 during its season, and this
was made despite the fact that it had to
bitterly fight the Monmouth Park, one of
the big associations. 1t is reasonable to
presume the Brooklyn Jockey Club made
over Sl0O, 900 at its recent meeting. The
four big associations, the Coney Island,
the Brooklyn, the Monmouth Park and
the Morris Park Jockey Clubs, have formed
racing trust known as 1.-THE Board of
Control" The board formulates edicts
from time to time which are IN
tended to control all racing men
who wish to do business on its
tracks. 1t has barred owners, trainers,
jockeys and horses who have engaged in
racing on what are called the "winter
tracks" north of Washington City. 1t
has ''set down" jockeys-that is, debarred
them from riding on its tracks for months
at time. Now it is discovered that the
board has no legal existence. This discov-
cry was anticipated months ago, but it
has just been made legally evident
through the overruling of demurrer by
Judge Gildersleeve. of this city. The colt
Huron had been entered for the Futurity
stakes, the richest for 2-year-olds in the
country before he was foaled. He was
the Belle Meade stud farm, in Tennessee,
with all his engagements. AT the time of
the sale he was slightly lame and he sold
for comparatively low figure on
this account. Colonel Carter, not the
famed Colonel Carter, of Carters-
ville," but the manager of General
Jackson's farm, found record on his
book that he had been directed to declare
Huron out of the Futurity stakes. Some
time before the race, Ed Corrigan, West
ern horseman, who had bought the colt at
the sale above mentioned, cured him of his
lameness and developed him into ''crack
aiack," denied that he had ever directed
or asked Colonel Carter to strike his colt
out of the Futurlty. He wrote to the Off
Gals of the Coney Island Jockey Club,
which gives the stakes for this grand race,
to this effect and sent them the full
amount of entrance fee for his colt. The
club refused to accept the money, and
stood by Colonel Carriers declaration.
The first money" in this race was $4,000,
and Corrigan, through his attorneys, got
out an injunction preventing the club
from interfering with his horses running
in the race. Great was the indignation of
the hlgh-toned members OF the club at TINS
proceeding. The idea that any one
should ask or compel them to obey any
law which they had not made or adopted
from England, ranked in their aristo-
cratic breasts. They permitted Huron to
start, but they refused to give him num-
Der or allow him 20 be bet on in the books
or mutuals under their control. The colt
ran second to His Highness, but the club
refused to pay Corrigan the second
money" of the stakes and gave it TO the
horse which actually ran third. Then the
board of control met and passed an edlct
which directed the clubs under its direc-
ton from receiving any entries from Cor
rigan in the future. Corrgan disputed
the right of the board of control to make
any such ruling against him and tried to
make entries despite it. They were re-
fused. Thereupon he brought suit against
the Coney Island Jockey Club on va
rious allegations. The club admitted
the truth of all Corrigans's ale
cations. claiming that 1t had not
only the right to refuse his entries, but
claiming also that, as II was private cor
noration. it had the right 10 debar any
nersons from participating IN the prlvl-
feges of the club. if 1t saw mt, without
giving any reason therefor. Judge Gllder-
sleeve overruled this demurrer. ana ms
decision not only establishes the right OF
Corrigan to sue for the second money
uuron won. but il also indicates very
clearly that the position taken by the ciuD
that it is private corporation, IS lalse
one. Under the provisions OF the ives
Pool law it is a seml-puDiic INSTITUTION
and is "a amenable TO the general laws VI
the state as any other institution oil lie
same character Nor is this all. Inc
hoard of control has no charter or moor
poration, and is, consequently, no matter
how beneiicent its purpose, an Il'egal
body. 1t is. in fact racing
trust Its edicts can pc 4eSaHS
resisted, and If they work INJURY or cause
hardship to any one damages can pe o.
tanned from its individual memhers there,
for. The Coney Island Club has appeared
from Judge Gidersleeyes decision anu
The case may be carried up 10 the higher
courts If il is the result Is hHeiy 70 oe
npnieasant for the club. No Judges IKE
~ be reversed. AND | am told that Judge
Cildersleeye. before making his decision,
not only consulted the books very ciosety,
hut also conferred with some OF the aD!est
wrists in the land. He took ample tune
and opportunitv to get At the equities OF
the case and il will be surprising lhueeu
| Il his decision is not sustained. -
There is another aspect OF the case. NOT
one of these profitable racing associations
conld exist as they do were 1t not Ior the
Tact that they have been given special
privilege To violate the gambling laws OF
The state. through peculiar statute caI!ed
- ssT,e.s Pool law. " This law contains
no clause repeating previous statutes on
.ba snbiect Of gambling. and good LAWYERS
S,rl.re that this is fatal omission. Ihey
ayer, 90 further and declare That the law IS
| unconstitutional. 1t viii be 3 fateiui uay
Tor the racing interests OF New ORR II
This Law Is ever put TO the test OF the cou,
of anneaIs. Perhaps il would be as wen
| for all concerned 10 drop further Iegai lto-
ceedings and turn the settlement. =. ,'.0