The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-03-15
TO FIGHT FOR RACING DATES.
LEGAL STEPS THREATEHED M
the EMPIRE CRY CLCB. "a

Petition for q RehearinE or tie Application
Served on August Belmont-Iasue
Joined With the state Racins Com
nission-Case Told IN Detail.
An effort TO reopen its claim on the Jockey
Club for racing dates and 10 compel the STATE
Racing Commission 20 grant IL lloonse ih
70 be made In the courts by NE Empire Cltt
Club. 4 petition from the Empire City Club
which was delivered yesterday 20 August
belmont president OF the Jockey Club and
chairman Of tho Racing Commission, by
Robert +. Mcdonnell. one OF the directors
and counsel for the Empire mana gers, 10 -
asserted 10 the fret shot In the legal battle.
The petition filled foFty-four typewritteh
pages and reoites the whole case IN detail.
In refusing license the Racing Commission
based lie action on the report OF the secretary.
dohn Boden, The petition served on MIR,
Belmont contains a denial Of many OF the
statements made In this report and sets
forth many new facts 20 show how wen
equipped the Empire City plant IL for the
holding OF running meetings. Computations
are made with q number OF the tracks a.
ready licensed. showing the superiority az
the Empire City property, Its trHnspOTta~
ton facilities are vastly better than those OF
Saratoga. and will DO improved great deal
as soon as q license ls Issued The Btabling
accommodation 10 far superior 10 that Of
Brighton Beach and other metropolitan
tracks named. The q and stand, q modem
steel structure, Gurpasses In every respect at
least those on four OF the Long Island tracks.
and so on. each objection being referred 70
In detail and shown 10 be grounde6s
The Empire City Club also takes issue Win
ne decision Of the SAT- facing tSmpg1s5l on
Club before the Issuance Of license lH
Just and reasonable regula ton a. required
action IL eo,iiya lent A. asserts 10 An abdIek-
ton In favor Of the Jockey Club by the st4te
Racing Sommlss ion Of the poWeft and duties
Imposed upon the commission BY law, 10
quote from the petition: Upon the State
Racing Commission. therefore, aud not upon
the Jockey Club. does the sta tute place The
responsibility Of determining whether
proper case for the issuance OF q license Il
shown. The Jockey Club has neither power
nor responsibility In the premises a.,
corporations In which members OF the Jockey
Club and racing commission are intefested
the stockholders Of these licensed ira clS.
who compose 10 part The racing commission
and Jockey Club. are financially interested
giving. meetings. The true renson for the
refusal. the petition says. may perhaps
be found in the fact that the business Of con
Quoting racing meetings has proved profitable
10 those Interested In the several racing
corporations. Including members OF the
While it is not surprised that those enjoy
Ing monopoly OF racing are unwilling 70
share the revenues, which last year amounted
TO $500, 1926. with outsiders the Empire
city Club urges In the petition that the
Intention Of the statute Ia not the creation Of
a racing trust such as now virtually exists
The petition Challenges the intimatlon that
the State Racing Commission Is vested With
the power 20 exercise discretion In the
premises which may be a. absolute or a.
Unlimited or as Aprlcious as the members
Of the commission will
The brief maintains that the racing COM
mission Il a judicial body and must dispense
an tTnGEa RnNiNlnn a III
license under the law, and that reverse
sta 10 Of ahairs Is contrary to the statute and
should not be allowed 20 exist. The fehearlng
of the application Is asked on these grounds, /
ind because there was no reason 70 refuse
he Empire City Club except that, II allowed
% enter the racing field. the plans and proba.
bly, the profits OF some Of the members Of the
'acinR COMMITS ion and Jockey Club would
be interfered with.
p, James Butler. president Of the Empire City !
Club, Is on his way home from southern CALI
/