The sun., 1915-11-10
KIYIAT And SMITH
: BEATEN IN APPEAL
BY so TO 6 VOTE
Board Of Managers Rejects
Plea Of Disqualified
Amateurs.
ONLY COURSE LEFT Is TO
PETITION NATIONAL BODY

~ the a. A. u. upheld last night the reg
istration committee In Its recent verdict
which declared Abel X. kiviat and
Harry j. Smith ineligible to compete
rs amateur athletes. The meeting was
held In the theatre OF the Seventy first
Regiment, aud at one time the discussion
was so bolsterous over the question Of
the introduction of new evidence that II
looked as though the session would
be broken up In a general row.
That the sentiment Of the delegates
was opposed TO the two athletes who
had been found guilty of demanding ex-
cessive expenses for competing at an
athletic meeting at Schenectady on Sep
tember Is was evident when vote
was taken on an appeal from the de-
cision of the chairman that the nsw evil
dence In the form Of afiidavits be ex-
cluded. The chair was sustained by
&C to II, and whatever chance the ath-
ietes had of getting their cases reopened
disappeared.
There is only one higher body within
the A. a. l.. to which AN appeal can
b. taken. That is the board of gov
ernors of the national body. and after
the overwhelming defeat last night II
is thought scarcely likely that further
appeal will be made. except az pre-
liminary 10 court proceedings
Amdavits Not Admitted.
There were few members of the
board who did not vote on the final
question. and for "A while the sentiment
was strong that the two affidavits which
John #. Dooling wanted to read should
be admitted. These were made by
Father Gallant of Troy and man
named Flood, and tended 10 discredit
the evidence of Roscoe c. Campbell.
the Albany Handicapped, who was the
principal witness against the men. y
Father Gallantrs affidavit qualified
his statement that had been put in evi-
dence previously in which he said that
he saw the s25 paid to kiviat 10y Camp
bell for competing in the Mount Carmel
games at Troy I'm 1912. Father Gal
lanti In the excluded affidavit admitted
that he gave the money TO Campbell
for tilat purpose but that he did not
actually see il paid over To Kiviat. He
explained his previous statement by the
fact that it was made In hurry. The
Flood affidavit conveyed the idea that
Campbell had delayed paying the bill
for the Mount Carmel prizes long after
the money had been given him for that
purpose ard that in fact part OF VI
had not been paid until within the last
few dlNs
Murray Hubert. who represented the
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.''''V - @ ''s 80, - 80,
d" to '"v "p, '.,u, 80
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III. ground that the change OF date for
the holding Of the second meeting had
rot given the counsel IA chance to cross
examine WITNESSES and present testimony
80, low, - - 49,, ',,,, go, ~. S,.,,o
Weeks InLes Able Argument.
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,,,,.d - ,b. minority yyh., m. commit.
,.... r.,,,d.r.d i,s y,.rdic, disu,altfvinp
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,,,ado ,h. ,,.a,,n.n, for tho committee
md =, ,,,s bis ,,,,s,,,,v ,rs.tm.ut nr
IN. f,c,s ,hat convin,.i the delegates
that the registration connnittee had ar
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1i,iat ,r,.,.,,I,,,,'n, tha ,.aiInu, .i,,, ir
,,hi,,t, h,, 49, su,,,,css, ,n h,v. asLeJ
far e. ho,.iny t..,n hnr,ed In, ,be vii.
of th. Auany handiranner
This r.adinp nf IN. n,inntes of ,hs
,,.,tiuos ar which IN. ipy.s,tva tion Vas
l,.ld tool uear1y two bours and In those
uo furt her repnrt of the vote which dis
qualified the men was given than that
4, Wa bv a majority.
Tn oueninp his address Dooling com.
,,l,iued Of m. ..indecen, haste" in which
IN, matter had been handled and at.
,o,,t,,.d tho ,r.dibilitv nf m, r.cnrd az
:, ,h. circu,rstaroas copce,,,in. ,ba
,,ns,nnr.nert vhicb ba asked ,o. and
lId ,,, no, IL gou,andad ,h., ~,
,,,I,s of tho ,ailura m ,ro,, mis-
.hia L.. t.;,',,,, ,,,a cI,,,,, LiI
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,',
90 ''
Tint Yellow slim AgaIu,
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Sta'einen's Va ''ni'ne' an l" ',c "e
Stro! iHS VI '"e !e""" sup "''u Sii"
1hat l'lesluent hu"leh had peen party
10 'hose 'oh'nct'hs statements ne aiso
pointed out lhat 'dhlpneIl madc con
fictlhg statements aS 10 dropping oi
the special race AT schenectady, al on.
time saying thht this was because the
track could not lie ohtilned and NJ
another because OF the high demands of
Kiviat. lie intimated that Campbell had
only produced 'he yellow slip after the
necessity of getting money had been
talked over and suggested that the mai