The Washington times., 1907-06-15
OUTLAW TRACKS
NEAR NEW YORK
SEEM IN SIGHT
Jockey Club Monopoly
Jolted by Empire City
Decision.

NEW YORK. June 15.-Smashing the
arbitrary power hitherto exercised by
the State Racing Commission. which
killed racing organizations that dared
TO hold running races in competition
with the Racing trust. the appellate
division. second department. yesterday
held that the Empire city Trotting Club
was entitled to license to conduct rum
ming races and steeplechase meetings.
a privilege denied to IL by the State
Racing Commission for three years In
succession.
For those years the Empire Club.
OF which James Butler is head. has
had the ambition to hold running races
on the Empire City track, such as
those at Gravesend, Sheepshead Bay.
Belmont Park, and Aqueduct. But
every time it applied TO the State Rae
ing Commission for a license the com
mission turned down" the application
on the ground there were no available
dates for the meetings. as any time
picked would conflict with racing dates
at other tracks.
Commission Had Monopoly.
The other tracks were those to-
ward which the members of the com
mission, though State body, pre-
served a most friendly attitude for
various reasons. The dates Of the To-
cal tracks are fixed by the Jockey Club
A peculiar proceeding mentioned was
that all dates of racing clubs were
fixed by the Jockey Club before the
various clubs had obtained licenses from
the State commission.
After the dates thus had been fixed
the State commission issued license. to
the clubs TO which the Jockey Club
had assigned dates. thus making the
Jockey Club the real power in the
racing field
When the Empire City Club applied
/ for a license. the State commission
replied that all the dates were filled.
and If the Empire City Club received a
/ license its dates would conflict with the
dates Of other clubs or the racing dates
in Saratoga
Belmont Fought Newcomers.
After being brushed aside in that con-
! temptuOUs fashion for three years. the
Empire City Club. seeing no good rea-
son why il should not be permitted to
! hold running races on the same dates
as other clubs. except that il might
\ mt ifAN WIN AtAG pAbiiNS Ol those OLn-
or club. went into court. It applied
/ for a writ Of mandamus to compel the
State commission to grant a license. As
J II had complied with ali the provisions
of the statute. The case was argued
before Justice Mills. in Westchester.
He denied the application Tor a manda-
mus
On the first two coca sions when the
State Racing Commission denied a H.
cense to the Empire City Club August
Belmont was chairman. James w.
/ WadswOrth is the present chairman.
The other members of the commission
are Harry X. Knapp land John San
ford.
Opposition to Saratoga
Justice Woodward. who wrote the pre-
vailing opinion Of the appellate division.
told the racing commission several terse
! truths about its duties.
This decision" said James Russell
Solely, counsel for the Empire CITY
Club. means that the Empire City
Club will have fits race meeting during
the season OF 1907
That utterance was taken to mean
that the Empire track would be opened
In opposition to the Saratoga meeting
Hirschberg dissented from the opinion
the case can be appealed. Undoubtedly
1t will be.