The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-01-14
pLUNGER GRAMMAR LOSES.
JOCKEY Gun UPHELD IN RULING
MN OFF THE TRACK.
Jsstiee Osborne Decides Assi.st sue A.
piicstion for an Isiunctiop, ard Says
That by GivinR $500 20 Jockey Fred
Tarni Grnnnan Violated the Ruies.


Jsstiee Osborne Decides Aesi.st she AZ.
piicstion for an Isiunctios, .vd Says
That by Giving $500 TO Jockey Fred
Tarni Grammar Violated the Ruies.
The Jockey Club and the Westches-
ter Racing Association won 4 signal VIC
tory yesterday when Justice Osborne. In the
supreme Court. Brooklyn. rendered an opip-
ion. denying tho application Of Charles r.
Grammar. the well-known plupger and fire.
qu.nter OF race tracks. for the continuation Of
on irjunction, restraining the stewards Of the
Jockey Club In ruling him of the tracks un-
der their control.
In the PAPERS which we're submitted to JUS
ticc Osborne IL vas stated that Grammar had
violated the rules Of the Jockey Club In max
ing a present: TO Jockey Fred Tarsl Of $500.
He admitted that such was the case and Gen.
Is. F. Tracy. his counsel. commended that the
club had no right to rule him of the track on
that account.
In his decision Justice Osborne no news tho
entire case. the testimony showing that Gran
nan was warned and ruled OF the turf ON Sep
TENDER 20. 1906. lie states that the club ha !
OH May / adopted these rules:
Nc Jockey shall bet ON any race. except throuTh
the owner OF and on the horse which he rides, and
any Jockey who shall be proved to the satisfs ,tion
Of the stewards TO have any interest in any race
Morse, OF ~ nave cnkhktu IN any w Funbattioh
or TO have received presents from versons other
than The owner. M have his license at once 70.
voked.
Any person knowingly acting In the capacity OF
part owner or trsi-er OF any horse In which .
Jockey possesses any interest. or making any bot
with or on behalf of any Jockey. or otherwise aid.
ing or abetting in ANY breach OF the orders OF the
stewards. will be ruled on.
IL any person give an oner. or promise. directly
or indirectly. any bride. In any form. TO any person
horse or to any trainer. Jockey. or agent. or TO any
person having charge or or access TO any race horse.
that svery person so offending shall be ruled on.
Every person ruled on the course OF a recognized
association Is ruled on wberever these rules have
When there Is no specified penalty for violation Of
the rules Of racing. or OF the regulators Of the
suspend. expo. from, or rule on.
Justtce Osborne says that whom the rules Of
the Jockey Club we're adopted ,hey received
lished and -.nt out thousands Of copies OF tho
rules. and they were, cohspicuously posted At
in tbs vicinity Of New York,
The plaintiff" says Justice Osborne. was
= p.rG owner OF rae. horses; ne had scee es,c %
and II Is difficult 70 credit his statement that
he Wal ignorant OF said rules.' Justice Qs-
defendant enioined from enforcing the rules,
claiming he had no knowledge OF the one pio-
a sass z h., sh1 nd siS S.sn s% % nssssn aaa 70 wa. a0 : ds.G
lester: that no had no notice from the staw-
ards Of the stub of any Charge against him.
and that the action OF tho stewards was arbi-
trsry, unjust. and illegal.
''Piaintir,s allegation that this rule was a
dead letter." lays the Justice. and had been
therefore openly violated. Is denied under
oa.h BY each OF tho stewards. who seyerally
depose that the violation or this rule by the
plaintiff was the hrst that had come 10 their
'"The contention that plaintiff was entitled
to notice u I'd hearing on the charge against
him has, In my opinion. no merit. IL ip to DO
borne In mind that plaintiff was not u NOM
Der. of the Jockey Club or of the Westchester
any vested right In either OF said corporations
that could DO affected by his being wa rnsd
and ruled OF the turf and. therefore. the vaTi-
Gus decisions involving the question OF the
application here. II Is difficult 10 see how
whatever rights plain. III had were in any do.
gree ahecte. by lack OF notice OF charges and
. hearing thereon. In ito face OF his admission
to the rewards and his admission In the pa-
psrs herein that he had given = present OF $500
Tn conclusion Justice Osborne says: Under
the circumstancesI fail to see thar the sctfou
OF TIE stewards of the. Jockey Club In passing
sns resolution aniasp. c or pm. q Fu TH' n either o sI e.
rules had been given to the general public
and all reasonable steps taken 70 acquaint the
public there with. The rules themselves were
s%alutary. and Il was the duty Of the stewards
his violation Of the rule. the ste Yards were in
duty bound TO punish such violation the pun-
tShmeht was o matter resting solely within
their reasonable discretion. and / cannot say
that thu penalty imposed was. excessive.
denied. With $40 costs"
The case will now probably be brought to
the Appellate Division Of the supreme Court.