The Birmingham age-herald., 1910-10-12

New York, october 1.-The constitu- tionality of the anti-race track betting law, especially with respect to the lia- bility of track stockholders for acts done
 on their tracks, Is to be tested by one or probably two organizations.
 A suit will be begun next month by stockholders of the Westchester Racing association to call to account their direc- tors for having failed to conduct the affairs of their property to best advan- tage, by not making use of the dates as- signed them by the Jockey club this fall for racing. The outcome of this suit will
 be awaited eagerly by those interested in
 the welfare of the turf, since a question will be raised as to the constitutionality
 of the AgnewPerkins law.
 The directors of the Westchester Rae ing association will make answer by stat ing that under the clause of the Agnew-
 Perkins bill which holds directors respon- sible for any illegal act committed on premises under their jurisdiction they
 without running the risk of jail sen tence.
 It will then be for the court to decide, "Can the directors be held liable for the acts of others? Is the section of the Az
 new-Perkins bill which holds they can be held liable constitutionally sound doc trine?' The Jockey club, despite opinion to the contrary, has not been inactive.
 Its lawyers have had the matter under advisement, and have conceived this way out of the difficulty. The case being a question of constitutional rights of prop erty owners, which affects the value of s- Id ,-s,. .rr before the court of appeals, to which it eventually will be referred, and deci- sion is expected before the winter Is far advanced.
 H. c. Hildreth's horses are still at Sara toga, doing nicely There are several po- tential Dominion handicap candidates in his string: Fitz Herbert. Firestone, King James and Fauntleroy among them. At Saratoga they think 1t improbable that Fitz Herbert will start at Fort Erie, and Hildreth himself hath said it, that King James will race no more until winter. Hildreth put Plaudit colt by at Yonkers to the end that he might get deserved rest
 Firestone and Fauntleroy are Hildreth' s most likely Dominion candidates. They are in tiptop condition. MT. Hildreth purchased Fauntleroy the other day from James Mclaughlin, the man who bought him for practically nothing.
 Hildreth saw Fauntleroy win the Nur- lsery handicap and Champagne stakes at Belmont park last fall. and the per formances of the Little Saint colt in these races impressed him so favorably he backed him to beat Firestone in the Nassau handicap at Aqueduct. That was unfortunate for the Mssouran, because after getting his checks down Firestone took Fauntleroy into camp.
 Fauntleroy has not been himself since his defeat in the Nassau. Mclaughlin took him to Jacksonville last winter, and he fell sick shortly after his arrival at Moncrief park. This weakened him, but lately he seems to be regaining strength.
 High Private has not been able to do much since last spring The Oddfellow gelding disappointed the. virginian's ciien- tele on more than one occasion at Sara toga.
 Why High Private, ordinarily the most reliable of horses, did not race to his work at the Springs, his trainer cannot understand. He was sounder, perhaps, than he had been since MT. Smithson took him from Gravesend last autumn MT. Coles wants to find out where High Pri- vate stands before taking him to P1mlico, because the Oddfellow gelding has his work cut out at the old Baltimore track. Smithson is thinking of running him in the Bowie cup in which race he may have to met Olambala, Countless and Sir John Johnson.