The sun. [volume] (New York [N.Y.]) 1833-1916, 1896-12-25
GRANNAN'S GIFT TO TARAL.
THE RACE TRACK BR COMES
UP BEFORE THE SUPREME co X

His Ruiiue or by the New York jockey
Ciub Merely n Fretsnee, Says 9en. Tracy
why 9rnnnan bhouid Not Ne Barred
from Race Courses Controlled by che Ciub.
Riley Grammar, the well-known horseman,
who was ruled of the track by the New York
Jockey Club last summer on charges that he
had presented $500 to Fred Taral. q Jockey, OBJ
tanned an Injunction restraining tho club from
this action, and yesterday, In the Supreme
Court In Brooklyn. before Justice Osborne, ar
Rument was had on the motion to continue it.
Gen. Benjamin +. Tracy appeared for Grammar
and in tho course Of his argument said;
"The act Of the Jockey Club in having OK
Guided Riley Grammar from the Westohester
racing course prohibits him from entering on
any race track under the control OF the Jockey
Club on race days. The Westchester race track
is n public corporation existing under the laws
Of the State and having n license from the State
Racing Commission. Therefore. oil the pro-
ceedings In this case Affect the public interest
and are under control OF the courts. Everybody
has q right to visit q race track: no one has
any right TO exclude him except for good and
sufficient cause. 1t 10 a place of amusement aud
comes under the act of the Legislature which
prohibits those in control from discriminating
between one person and in favor of another"
Does that Introduce the question Of color2"
asked counsel for the Jockey Club.
I'VE claim, " said Gen. Tracy, that In this
case n white man is as good as q oolored man.
your client was ruled of. Gen. Tracy" said
counsel. because he isn't white in the moral
sense"
Gen. Tracy then said Grammar was ruled OF
because the club wanted o pretence for Its ac-
ton. His client was o frequenter OF race tracks
and o bettor. He won q large amount Of money
under the riding Of Jockey Taral, and he gave
the jockey q present Of $500 from q kindly feel
ing, to recognize the fidelity with which he had
ridden and won races. He said there was no
conceaiment OF the present and no thought OF
violation OF any rule or OF doing wrong. T.
Gen. Tracy, held that there was NO harm In
giving a jockey q present. After the present
had been given, the Jockey Club gave Tarsl a
certificate of good character.
Tho ruling or OF a man owning and breeding
horses Is a very serious matter" said Gen. Tracy.
,n ras r aSs,sn nas Mss to inp OF ,ae the s.f breed "a Of ,i Sorssss
Thsssssf s ans one N 'n lnieres aaS' in Oh Ro fss 5 Freed % S %sn;
Si,al Interest 1,nn, = In In , them; : and = so right nnS on In, is t or b,o as
mixes With with Sno,hsr. and to RUE him OF tho turf not
S q hat I %arls k ss TsP or hsl%o nut Trims falns r. Il ,d pfSps %itS
their vast interests In horse. racing. were to wake up
sSHS n Tsls pisla saS r r1s sSS4 ~ sssfFs sS'' He h NJ
i hs"siesi h nst sa S , III @S %sIeh su sPy : ohs h sii a a Fight Mr TO a ao
,Sst III. In I nfp5e.Isp any be- e s%lSm; we AGAINST asSi t tssss DC.
PENDANTS"
Julian Davies, for the Jockey Club. explained
the rules OF tho club and held that Grammar
knew the rules.
thing of this kind had been discovered. though II had
long been suspected that bettors on the race track
were I'm the habit OF tipping Jockeys. Dealing with
jockeys In this way led to practices OF q Highly I'm
proper aud DANGEROUS character. and the rule was
dealings with Jockeys or aiding that sort OF bribery.
The rule " as made TO crush out corruption"
II cannot see anything corrupt about this"
said Justice Osborne.
Mr.. Davies then presented an affidavit of Mr.:
Belmont. in which he described the effects OF
such abuses and showed the evils that would
arise from jockeys receiving presents from
others than owners.
The rule. Mr.. Davies alleged. was made to
keep the Jockeys away from plungere like Gran
nan. He said the club always enforced the
rule whenever they caught one of the plungers
infringing them. He said II this kind of thing
was tolerated 1t would lead to corruption on the
turf.
lyon have got to stand or fall on the PROPOSE
ton that this plaintiff gave q present to n
Jockey" said Justice Osborne.
We say he is u plunger." said Mr.. Davies.
Because he is a piunger." said Justice Os-
borne. you, cannot punish him for giving a
present to q jockey"
Briefs were submitted and Justice Osborne re-
served his decision.