New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-15
RACETRACK FIGHT ON
CASE CARRIED TO COURT.
Empire City T'rotting Club De
termined to Get License.


procaad;nes have been instituted by the En-
ME C,itv Trotting Club in the Supreme Court OF
Wes+chester County to procure a maHdamus re-
c,,,rine the state Racing Commission, consisting
of James W. Wadsworth, II. K. Knapp and John
Sanford. to issue a license to the club to con-
drct a running race meeting az its track near
YonlSers. n. Y.
Tho Nrs+ step in the proceedings has been
+al,an nv, obtaining from Justice Mills an order
10 show cause why peremptory writ OF man
darous should not be issued directing the state
Racing Commission to grant license 20 the
e,ub to conduct a meeting in conformity WIN
The statute. and why the petitioner should not
hive such other relief as the court may thlhk
Just The order is returnabie at III O'CLOCK TO-
morrow at White Plains
The Empire City Trotting Club, OF when
yor,os prt1er is the chief owner, has been try
to 20 oct q license to hold running race
v,aa+irg for three years. The State Racing
Commission denied the application made thlS
1ear a few days ago. after public nearing
s+o+ire as its reasons that as dates had been
es,erad IN the other associations a curtallnehI
~ a conflict would be necessary If racing was
held at Yonkers. and that the best interests OF
Tho enor4 would not be conserved under the con-
ditions. that the club stands in a different posi-
ton From, the other metropolitan tracks which
had held race meetings for many years ana
that a proper case had not been made out why
a license should be granted
Tames Russell Solely, attorney for James Buts
Ter and the Empire City Trotting Club, secured
the order on a long petition to the court, IN
which he appeals from the decision Of the state
Racing Commission and asks relief he pleaded
IN the netition that under the act for the in
~iofFO thn Of
New York invited individuals to form corpora
+,ons for the purposes stated therein. and that
consequently the corporation should have the
mower and right TO hold meeting under the
law The petition gave a full history of the or
Ranization Of the Empire City Trotting Club
and showed that the track cost upward or
100000 and that the carrying charges OF the
property ran upward Of $4,000 year, for
which no appreciate return IS possible without
a license to conduct a race meeting. 1t main
tanned that as the provisions Of the law have
been adhered to it is the duty of the commission
70 grant a license, and cited from the report Of
the commission Of 1905, which showed that the
gross receipts of the eight racing associations
for that year were S3,S64.02O.
The petition showed further. the growth Of
the sport in recent years, and said in part:
A great increase has taken place in the gross
receipts Of racing associations during the last
eleven years as appears from the fact that the
total gross receipts Of the six racing associa-
tions racing IN 1895 were S544.414 50. and the
total gross receipts OF the same six associations
in 1905 were S3429 $50 or over six times as
large The total gross receipts OF the various
racing associations during the eleven years
from 1895 to 1905 have amounted 70 the sum
OF $3.50 .319
It appears from this that the franchise or
right to conduct running race meetings IS
substantial right and one of great pecuniary
Ina fha pvfa al Of Chi n
substantial injury and loss for which a party TO
whom such right Is denied has no adequate
remedy at law.
The petition recounted how application for
4 license had been made and refused. and char
acterized the refusal IAN act Of gross dis
and Partially contrary to law and
Justice and In violation Of the duties Of the COM
mission" 1t then concluded as follows:
By refusing 70 grant said license as aforesaid
for three successive years. the State Racing |
Commission has during that period prevented |
the use by the relator for the purposes for
which IL intended OF its race track and ap-
purtenances, constructed and maintained at
great expense aforesaid, and has arbitrarily |
Illegally and wrOnGfully deprived the relatoT OF !
he franchise which had been expressly granted |
ton 3 CI Chapter $40 Of the Laws OF 1895. as |
amended, wherein it was provided that any |
formed under the provisions of this !
lct, II claimed In Its certificate OF organiZa-
ion and If II shall comply with all the provis- |
ions OF this act. shall have the power and the |
right TO hold one or more trottng or running |
-aCe meetings in each year. and TO hold. main |
lain and conduct trotting or running races at |
such meetings"
Mr.. Solely explained that an order to show /
,ause asked for in order that action shall |
be taken expeditously as possible so as |
o allow the Empire City Trotting Club to pre-
pare for and conduct meeting this year if the /
,ourt decides in its favor.
~ csCIat 4
,ided against the club the case would be car
led TO the Court of Appeals