New-York tribune., 1900-12-08
FAREWELL DINNER TO J. z. MITCHELL.
BOARD OF REVIEW DECISIONS.
GOLDEN CASE DECIDED AGAINST JUDGES
DEyEREAU91s RECORD WAS a BAR.

GOLDEN CASE DECIDED AGAINST JUDGES
DEyEREAUoNs RECORD WAS a BAR.
Tn. members Of the Board Of Review OF the
National Trotting Association met again yesterday
AZ the Murray IIil Hotel, al 10 O'Clock
The Board rendered decisions on a number OF
cases which had been previously heard. and cleared
the docket and adjourned until next May. when it
will meet in Chicago. Two Of the decisions were
important. The first was I'm the Golden case
James Golden ana John Cheney were fined 500 and
suspended by the judges ~ Readville Mass. on
September 20, 1900. a charge Of pulling their
horses. when the three judges were not all pres
ent. one OF them not being consulted when the de-
cision was rendered. The other two judges. Frank
NJ Hall and Charles whittemore, stated in their
nhhdavss that the third judge, Frank Subert had
said that he would 20 whatever the other two
wished 10 do in the matter. The Board Of Review
granted the application OF Golden and Cheney for
release from the fine and suspension imposed on
the date given, and also said that from the
evidence given hy Frank Subert il appeared
that neither Golden nor Cheney had been penal
izeG by the Judges while they were IN the stand;
that the judges had never afterWard been called
10 meet and had not since met; that he (Subert)
had been approached by Mr. Hail. the judge,
some ume after the race, and that Hall had
punished; thar he (subert1 had 6isse1ted and had
demanded that a meeting OF all OF the judges
a meeting had not beer called or held and that
inc penalties recorded IN the judges book had been
placed there without his knowledge or consent and
against his judgment. and that his name had been
SIGNED thereto by some one else without his au-
thorlty The proceedings. according 10 the evil
aenot ~ this judge and other evidence In the case
had been irregular. The authority Of the stand
was vested IN three judges and they must an have
~ 81 OPPORTUNITY 10 vote on every question in the
9tfsence Of each other No judgment having been
"seHsseo arrived an or announced involving either
1oloen or Cheney while the judges had 6een to-
therefore follows that the actor purpoTtinF 10
nave neen taken in relation 10 them had not in
ofhcialE, as contemplated by the rules OF the Ma
,roe.lhs Assoclatlon and was therefore void.
nc 81 AlIaordlnary powers conferred on the Judges
coulo he exercised only when they were al TO-
tetief, each having full opportunity TO agree or
IS 80 70 .esey proposition before il can have
lte tercs 81 a decision. Each OF the judges
sumo 10 sign for another %ithoi Wre5 RnopS Pfs
which Sriung should be filed and remain With The
James Golden lives in Medford. Mass and drove
80 ~ On Mlthers John cheney. Of Hunting
n ne DeVereauN case the point 20 be decided
Nss whether a record made by a horse when com
peang Tor cup should stand a bar OF not The
eSoh ecSgloh Mas brought by Harry X DeVereauK. OF
% me record OF his horse John A. McKerron The
Eoere decided that the horse In question had ac-
enber ls. 1870. having contested for cup that can
\, a, ~. ~ ne srouno that when cup can be won
s - premium and that a heat winner in q con-
test Tor Il acquires record or a bar But when a
CUP cannot he won-or. in other words Il a Der-
Ia ciaiehee cup-heat winners I'm contests for
y 90 not acquire record or bar Mr. Devereaur
the horse being entered in the name az The CiaV,
tssho Driving club and according 10 the agreement
that won 4 three consecutive times This being
ne cas-. me cup would not be perpetual chai-
tenee cup. and hence the decision OF tbe T2oarS
The last decision rendered was an opinion asked
forve,, ~ !" St &ts'ner Berue r formerly Polly c.
ne trottng association in France could ne
oor:ng the rules Of he NationsI TTo,n Rst ae-
sociauon any horse which had been expelled bT anv
country should also be consi6ere5 v-51bC,,s Iorele
80 taT az the National Trotting Association is co.
so Inin The bar Is removed by the association
NthCh Originally imposed the penalty