New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-06
STILL WANTS LICENSE.
EMPIRE TRACK TO FIGHT.
Report of State Racing Commission
an DENYING duplication.

Tho rssoIutions OF the state Racing Commission
consisting Of James Wadsworth, r. K. Knapp ana
John Sanford, it's denial OF license to James
Butler to hold a running race meeting at the En-
DIre Cit, track near Yonkers. made public
yesterday by James r. Solely. Mr.. Buffers attor-
ney The report shows that the commission de-
cided 20 deny the application on February %. the
day Of the public hearing.
Mr. Solely said that he did not care 20 comment
on the resolutions at this time. and would not
definitely what action would be taken to force the
commission IL possible. to grant license He in
dictated. however that some action would DC
brought by saying:
IN view Of the trivial reasons given for deny
ing the application of the Empire City Trotting
Club to hold race meeting. we cannot consider
the question settled and do not believe IT got fun
consideration. There is some doubt about the fair
ness of granting license to seven associations ana
refusing one. Under the circumstances. cannot
consider that the action of the commission is a
final disposition Of the question.
The resolutions were follows;
The application of the Empire City Trotting Club.
dated January %. 1901. having been taken up, and
counsel for the applicant having been heard and
due elaboration being had
Resolved. That inasmuch the statute limits
the holding of running races TO the dates between
April 10 and November 10 IN each year, as q Le-
suit of which the six metropolitan tracks and the
SARATOGA track are all compelled. in order TO avoid
racing conflicting dates. TO accept moch Tess
the statute, their meetings ranging between
twenty-five and thirty days respectively; and m
YOnkers track would necessttate either the cur
assoeato3s one or the raeing upon conflicting dates
It is the judgment of the commission that the pub
lie interest not call racing conflicting
dates at different tracks in the immediate vicinity
day. except Sundays between April Is and Noveui-
Der 10, 1891 will be occupied by racing upon one or
granted, except the twenty-three possible racing
days between August and august So inclus I,
by the Jockey Club TO the Saratoga association,
and during which time that meeting Is 70 oe hetd
under the license OF TINS comInlSslonl Y IS the
Judgment of the commission that the best interests
at any metropolitan track during that period. and
that the public interests do not at the present time
m SG Su racing on the metropoa4 tracks
Resolved further. that inasmuch as upon the
application OF the present petitioner. racing dates
were allotted 10 IL by the Jockey Club IN February
1890. for meeting to be held in October and No
vember of that year. and inasmuch the appu-
cant failed TO offer any stakes or take any steps
a meeting Hereunder. as a result Of which an
other corporation organized TO hold, and did
hold, such race meeting IN that year upon the
dates allotted. and as the present petitioner did
a license from this commission until the year
1915: during which period the metropolitan Jockey
during th veaTs i 10 , ia ncusIa me pgesa5
petitioner stands in a different position from the
(Which have regularly held their race meetings for
portant annual staIesl.
commission proper case for the Issuance Of IL
GenS % G0aagct running q7 race ana s.eepieGhase
scrihed in the application has not been shown; that
under the existing situation in respect OF racing
in this state II would not be for the best interests
thereof TO grant such license for the current year
and that the application should be and hereby Is
denied
Attention called to that part Of the resolution
which referred to dates being allotted to the club
In February. 1900. and effort being made to ar
range n programme being misleading. II
explained that William A. Clark. who built the
track died In March Of which
put end the plans being made The meeting
held I'm the fall Of that year by p, j. Dwyer ard
his associates paid and was not financial failure,
as has been reported from time 10 time
A we'll known lawyer. who did not wish 20 be
quoted expressed the opinion yesterday. after read
ing the resolutiOns that the reasons advanced for
DENYING license would not hold In a court OF
equity. He said. however. that the commission
probably had legal advice the question. and there
would naturally be difference Of opinion.
\ representative Of Mr.. Butler denied yesterday
that there any truth IN the report that Louis
Celia the Western bOC5malIer and track owner, had
any interest in the Empire City Club.