The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-21
MAY APPEAL TO COY. HUGHES
EMPIRE CITY CASE UP TO TIE
RACING COMMISSION.
anne Butler Asks That Body 20 Abrogate
Rules Of the Jockey ! which
Can he Used to Boycott the YOnlsers
Race Meeting Hearing on Tuesday.

Race Meeting Hearing on tuesday.
Failing to get q reply from the Jockey Club
stewards as to whether the proposed meeting
at the Empire City track will be boycotted
or not, James Butler. through his attorney,
James Russell Solely. has made another move.
He has sent a request to the state Racing Com
mission that the rules OF racing covering the
point be rescinded by the commission in
accordance with the power given TO that body
by the Legislature. James Wadsworth.
chairman OF the Racing Commission. who
was at the Brighton track yesterday. said that
the commission would hold q meeting on
Tuesday to consider the matter. but friends
OF the Jockey Club ntimate that the request
Of MIR Butler would be turned down. in which
event, IL may be said, there is likely to be some
trouble. A man who Is well posted NJ to the
merits Of the case said last night:
This move on the part OF Mr.. Butler puts
the case squarely up to the Racing Commits
sion. Mr.. Butler has received a license from
the commission. but the Jockey Club intends
to enforce two Of the rules OF racing which
will outlaw every owner. trainer and Jockey
that may take part in the proposed race
meeting at Yonkers In boycottine the
Butler track, the Jockey Club, according 20
the Empire City people. 10 simply multiplying
the license issued by the Racing Commission.
acting under a mandamus from the Supreme
Court. MIR. Butler intends to ask the com
! mission 10 maKS ~ lmDOsklDle tOT ID JoChrD
Club to interfere with him. and as the CON-
mission has the legal right TO declare any Of
the Jockey Club rules invalid, Mr.. Butler
I wishes to find out just where the commission
stands In the matter"
IF the commission declines TO interfere IL
will not be az all surprising II Mr.. Butler takes
the whole matter before Gov. Hughes with
the urgent request that the present members
Of the Racing Commission be removed on the
ground that they are in collision with the
Jockey Club. have 1t on excellent authority
tina Gov. Hughes has received much evidence
in the present tangle and is taking much inter
mean to. Tight TO a finish. In a long letter to
the commission Mr.. Butler makes these asser-
tions;
1905, Sec. 81 provides for the issue by the State
Racing Commission TO certain corporations OF
"a nSfns 20 This i4sq Is he only license issued Tor
that purpose that Ia known 20 the law;
shall contain = condition that ali running
races and race meetings conducted there
under shall be SUBJECT 70 The reasonable
scribed. by the Jockey Club. also pro-
yides that any rule or regulation OF such
by the State kscing commissior, fnder
he Jockey Club has promulgated the follow
80 The stewards OF the Jockey Club shall
have power to srsnt and withdraw licenses
We submit that the above rule is not, a
reasonable rule within the meaning OF the
statute that il is illegal and improper In so
far as il applies to racecourses within the
State Of New York. inasinuch as IL Attempts
to assert a power over licenses IN the stewards
Opposition 70 that Of the state Racing Com
n%lission, and that 1t should be sorosated or
The license by the commission being de-
clared by the Law. to be sufficient authority
for the holding o. race meetings ana pens
the granting or withholding OF n license can
not legally be exercised by any other author;
ity. IL the State Racing Commission should
refuse a license TO an applicant the license
OF the Jockey Club could not ~legsliho u race
meeting. on the other hand. if the commits,
sion issues a license the failure Of the Jockey
Club to grant one could not destroy OF weaker
the authority derived from the commission:
the Commission would be an empty iormalitS
which the joc1ev Club would be at liberty
The Jockey Club has further published
a rule, making a distinction between 'recog
H nl7lfsSa' and dtS snTsEiDg tSat meetings mee ! h sH
by certain associationst 10 wit the Gone!
Island Jockey cIao; the BTOoAiyn JGSke;
! any. meeting held under a license by tn
such license. or the license Of a turf su
thority recognized by the Jockey Club ar
The Jockey Cub has further p%ublishe,
rules dis aualifyns horse owners, trainer
and jockeys taking part in unrecogniLe
{ race meetings. from participation IN recos
The rules referred TO are unress enable
. Illegal and imPToPer N D s6,s; t ~ IN ane law no 2
licenses bit .hsy undsTtsEs {, s|o punish Ms 16 ,6os
, Club has not licensed, and thereby to boy
! S SsI5 the s%sn m tsdnsb f e 4 R Ssid Under Il ' ,Se n esln
nf the state Racing Commission.
I. authorized representatiys O the locke
license Of the Jockey Club. although author
e lied by the license Of the sopmission. woul
t and ss az the sn tmpPsssicn DUE Ss to IBIS and o.R.
: similar statements has obtained credenc
. IN certain ausrters AZ has found e1PseS 4 2
connection with the proposed race meetin
At the Empire. City track, for which the stat
TT Is manifest that il such an impressio
. ia allowed to exist in the public mind. how
difsIcuitt, i not impossible. to hold the rae
e trainers nor Jockeys would be Wiling /
/, ned them from ali the other race meetins
! Of the current season in the state, OF Ne
Z meeting In the month Of August. the matte
r Ia one OF extreme urgency. ~,
i .,, I'm p SGsartsr so % Of rs he PI[S laws OF 1881 q pr n
Jockey Club = may he modified {
q abrogated by the State. Racing Commission n
, giving such Jockey Club an OF
= portunity to be heard. we respectfully as
! that the commission will take immediate AZ
4 ton to abroCate or modify the rules In que
2 ton so that they shall not apply TO a meetin
: held under the license OF the State Racin
< Commission" ,
; There is absolutely no foundation for III
a stories now going the rounds OF the. new
papers 20 the effect that there has, been
e change in the stock interest controlling III
= Empire City track or that negotiations al
: pending for a compromise of the racctrac
a question" said Mr.. Butler Yesterday. a
such stories are without foundation. III
e race meeting is 70 be held in August. as PR
s viously announced" II was also stated b
X Mr.. Seley. the counsel for the Empire CIT
. Club.
e AS the Jockey Club did not see At TO az
n nounce ~oflcially whether IL intended 10 app
to the licensed meeting az Empire CitYit rul'
h in reference 10 disqualification OF, horse
10 trainers and Jockeys, the Empire City Clu
10 decided TO go strai ght 10 the State Racin
4 Commission and demand that the rules I
4. question be modified in accordance, with, n
h provisions OF the Percy-GraY law, by whic
the power to abrogate or modify the rules
the Jockey Club is vested in the state Racir
. Commission"
4. POWER BOATS IN LONG RACl