The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-10-09
New York TuPfmen Will Raise
Question Of ConstitutiOnality
Of Agnew-Perkins Statute.
HILDRETH'S HORSES ARE
STILL AT SARATOGA
Race Meets Are Planned for
Tracks at Marlboro and
MOncrief.
BY JAMES DoCKERALL.

BY Leased Wire TO The Tribune.
] NEW YORK, Oct s.-The constitu-
| tionality of tho anti-race track betting
law. especially with respect to the LA
| billty Of track stockholders for acts done
on their tracks, Is 10 be tested by one
or probably two organizations.
| A suit win be begun next month by
stockholders of the Westchestcr Racing
association 10 call to account their di-
rcctors for having failed TO conduct the
| AFFAIRS OF their property TO best advan-
| taEe. by not making Use or the dates
| assigned them by the Jockey club this
| fall for racing. The outcome Of this
interested in the welfare of the turf.
since q question Will be raised as to
| the consttutionality OF the AgnewPer-
| sins law,
The directors OF the Westchester Rae
| ing association will make answer by stat
| ing that under the clause OF the Agnew :
sponsible for any illegal act committed
on premises under their Jurisdiction. they
| were unable to conduct race meeting
without running the rick OF jail SEN
tcnce.
! II Will then he for the court to de-
eide, Can the directors be held liable
for the acts OF others?" Is the section
OF the Agnew-P Perkins bill which holds
they can be held liable constitutionslly
sound doctrine? The Jockey club. de-
spite opinion 10 the contrary. has not
| Dee0 inactive. ltS lawyers Dave nad the
matter under advisement and have con-
ceived this way out OF the. difficulty.
| The case being question OF constltu-
tionsl rights of property owners. which
affects the value of property, is entitled
90 q speedy hearing before the court of
appeals. TO which II eventually will be
referred. and decision Is expected be-
fore the winter is far advanced.
Stars at Saratoga
S. G. Hildreth's horses arc still at Sar-
I Mt lrtY t,t,n a,.at
potential Dominion handicap candidates
in his string-F1tzherbert Firestone.
King James and Fauntlcroy among them.
At Saratoga they think It improbable
that FY,zhcrbcrt will start at Fort Erie
and Hildreth himself hath said IT, that
King James will race no moro until win
ter. Hildreth put the Plaudit colt by at
Yonkcrs, TO the end that he might get
deserved rest
Fircstonc and Fauntleroy arc Hildreth's
most likely Dominion candidates. They
are in tip-top condition. Mr.. HIldreth
purchased Fauntlcroy the other day from
James Mclaughlin. the man who bought
him for practically nothing.
Hildreth saw Fauntleroy win the
Nursery handicap and Champs gne stakes
AT Belmont park last fall. and the per-
formances of the Little Saint colt In
he backed him 20 beat Firestone in the
Nassau handicap at Aqueduct, That
was unfortunate. for the Missourisn, bc-
cause after getting his checks down Fire.
Fauntleroy has not been himself since
bis defeat in the Nassau. Mclaughlin
took him 10 Jacksonville last winter. and
he fell sick shortly after his arrival at
Moncrief park. This weakened him. but
lately he seems TO be regalning strength
High Private has not beer able TO do
low gelding disappointed the Vrginian's
clientele on more than one occasion at
Saratoga.
Why High Private. ordinarily the most
r,It,
work al the Springs, his trainer cannot
understand He was soupder, perha ps
than he had been since Mr.. Smithson
took him from GravesouG las, autumn
MT. Coles wants TO find out where High
Private stands before taking him TO PIN
leo, because the oddfcllow geldiug
more track. Smithson Is thnilIng OF
running him in the Bowie cup. in which
race nc may have 10 meet Olambsla
Countless and Sir John Johnson.
Superstition Should Win.
Woods Garth has promised his Wash
Superstition, shall Win at least two races
at Marlboro.
Superstition Is one OF tho most tract
able able OF horses and improves with age.
The man who is handling Superstition
bias demonstrated thai he Is capable
trainer although he has had compara-
lively httlc experience at the game
After the Marlboro meeting Mr. Ram
dolph's horses Will race at Pimlico. and
after the PImlico meeting at Jamestown
From jamestown they VIII go TO Jack
sonriilc. Mr.. Randolph has raced two
winters at Moucriet Park, and he likes
tho game there.
Samuel C. Austin, who has raced pretty
fair horses in the course OF the last few
years has decided To give up that end
of the game. Jack odom has taken Jest
and all the others save Summertime !
and 6. K. Tompl;ins has. It is said. about
decided TO buy Summertime. Summer
ID IL ~.
tho best of the horses in Odom's possess |
sion. She Is recruit from the stable |
of James Il. l<conc. She Is n prcposscs- I
sing miss of good development and sho
has quick turn OF speed
Waiting for Marlboro.
4 number OF small stables at tho
Grsyesend track are In strict training ,
waiting the call to ship 10 Marlboro. tho 4
first race meeting since tho Inlsh OF the
Saratoga meeting, Superintendent Dun
Ing, and Il is in iirc condition for tho
trainers 10 work their horses over. All
with The exception or tho SIX Belmont
yearlinss in the Welsh barn. under tho
care OF Mr., Ryan. VIII race at Marlboro.
and all will be freshened up and ready
TO race up 10 thoir hest form.
John Msybcry has tho Joe Marrono
horses in charge. five IN all.
Charles J. Carey shipped Frisco, Duke
Of Ormondc, Dutch Rock, Belle cler,
Cracker BoS, C. w. Nichols and Ailsa
J'Hl-r. inc lnticr tbrcc arc NcarIDSS.
They have shown smart trials and arc
the type that comes 10 hand curiy,
Trainer Casey handled several success
mi stables on tho Pacific coast, and also
ou tho eastern courses. and MS the pros-
poets are exceptionally good for racing
this winter he expects to win his share
II purses with tho horses in his charge.
The Juveniles prc we'll bred. Cracker
Bon is a colt by octagop. dam Lucy
Cross: C.. w Nichols. colt by Matchless.
dam Tula Fonso, and Tho flly Ailss
Paige is b. Ossary. out of Maud Sher- !.
wood
Stakes for Moncrief.
As The time draws ncsr for the clos ,
pg OF the thirty -cight stakes for the /
meeting at Moncrief Park. tho horsemen ,
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