New-York tribune., 1905-02-08
TURF WAR IMMINENT.
TROUBLE OYER DATES.
Empire City Club Threatens Legal
Proceedings If Not GiUen License.

1--WE don't propose 10 lie down." was the some
what terse but decisive answer OF Robert e. Nc
Donnell. one of the attorneys for the Empire City
Club. when asked yesterday If any action would be
taken, that the Jockey Club had denied the
application for dates for running race meeting at
the Empire City track, near Yonkers. James Butler
president OF the Empire City Club. also said yes
terday that II the State Racing Commission did
not grant the club a license. the courts would be
asked TO review the decision.
This indicates that fight with the Jockey Club
is imminent there is no reason 10 expect that
the State Racing Commission, consisting OF August
Belmont E D. Morgan and John Sanford will
grant license in view Of its report TO the legis-
lature the winter of 19Oo-01 This report in part
read:
The accommodations at. the course insult
afternoon makes it uncomfortable for the patrons.
he Transportation jacinues are poor, ana S Mele q,
the autumn Of last year. Add cost Of correction Of
s On to R eapa resdy @ and to
gh value m OF real estate @ & the b @ 9t de%nae fe
stables and other equipment necessary to a race
revenues Of which would not s1fce to pay interest
on the capital invested and at the same time, add
fair return TO horse owners
James Butler owns two-thirds of the stock Of
the Empire City Club and Peter Mcdonnell one
third A meeting of the directors of the club
held yesterday and formal communication was
sent 10 the Jockey Club advising that recourse
would be had TO the courts IL the State Racing
Commission refused to grant the club license and
asking them. IN the interest of harmony, TO defer
assigning dates until license was issued, or, in
the case of a refusal, until the question had been
passed on by the courts and all rights Of the sew
sral parties determined 1t also intimated
that any complications which might arise from the
refusal Of the Jockey Club TO defer the giving Of
dates until all rights settled would be of the
clubs own doing. This communication will come
before the meeting Of the Jockey Club on Thursday
Robert E. Mcdonnell. who is acting as the legal
adviser OF his father in the matter. said yesterday
that he had seen attorney for the State Racing
Commission and had been told that the commits
sion would not meet until February II or 15 He
said. further;
We have besn advised by eminent counsel that q
court OF equity would upaoid nS Ia 9pr eT IS nob
ing in the trotting business, so far as the Empire
practically lying idle. A spur Of the New
ce9rs m RsTosd can be built 70 fae eTe9 aSk reason at
% believe that the bonds for such a spur would De
racing secretary has been selected and we pre-
pared to offer the necessary stakes ana a. purses 20
nents Of the Jockey Club.
It was inti-nated that the club trying TO Sc
cure dates in August during the Saratoga meeting.
In speaking Of the refusal Of the stewards of the
Jockey Club grant dates TO the Empire City
Club James Butler said yesterday:
This action does not affect our legal status
rights TO e license from the State Racing
frst be granted, and then the licensees if they see
ut can meet together and arrange dates to their
mutual satisfaction Apparently this natural bus-
method is reversed 1t appears that the
Jockey Club has the paramount right to say what
tracks shall and shall not race. Such is not my
understanding. The State Racing Commission has
the sole right TO issue licenses for running meet
ings Until this commission acts on our applica-
zion there is nothing for to do. In view of our
absolute rights to hold a running meeting, and our
readiness and ability 20 comply with every legal
requirement. ! advised that the State Racing
Commission has option in TIE matter, except
70 grant the license applied for.
The State Racing Commission. however. has dis
erection IN the matter Of granting license under
the law. Section OF Chapter $40 OF the Laws Of
1e05 says IN part:
If. in the Judgment OF such commission. a proper
may grant such license for term Of one year.
It has been suggested that the stewards of the
Jockey Club did not announce the dates at their
meeting Monday, what action the Empire
City Club would take on the denial Of its applica-
ton for dates. This is highly improbable, however,
fn opinion Of a number of persons well qualified
70 speak. One who stands high in the councils of
the Jockey Club said yesterday that. in his opin-
ion, the Empire City question was settled con-
cluslVeiy, far the stewards of the Jockey
Club were concerned, and that the case would not
dates were denied only after the best legal advice
sn the matter
The stewards have other complications to settle
in the date question relative to the application of
OF this IS idle until such time official n
nouncement is made. In the mean time, racing
folk in general content TO wait, knowing full
well that racing will begin April IS, and that
whatever allotment is made will be in the best
interests Of the sport.