The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-11-27
MAY ASK FOR WRIT
TO ENABLE KIYIAT
TO RACE TONIGHT
Move Being Considered. Says
Counsel, hut !. A. 4. {.
Takes No Steps.
A. A.. L. CON- MITTEE TO
HEAR APPEAL TO-DAY

Ahel ki,iat aud Harry J. Smith may
amply to-day FOR iniunctions TO restrain
the officials of the irish American A. G.
games to DC held Tonight in Madison
Square Garden from barring them from
competition. Such n move, IL made. is
bound to result IN far reaching trouble
ms the rcgistration cards of kiviat and
Smith have been cancelled and they have
been decla red ineligible for competition
under A.. A. L. rules. which govern the
Irish American meet.
After the verdict ~ the registration
the athletes appealed To the board ~
gers OF the Metropolitan Associa-
ton and the board sustained the com
mittee by a vote Of so to 8. An appeal
then was taken to the board Of govern
ors Of the 4. A. u. and "a committee
was appointed to hear any new evidence.
This committee consists OF George j.
Turner Of baltimore, Edward f. babb
OF Boston and Gustavus r. Kirby OF
New York. The will meet
ct the Hotel Aston this morning ana
after hearing arguments and evidence
will report to the board, which will take
a mail vote on the question.
The statement has been made that the
conr,s nigh, no app,ied to in case the
co,pm,,,c, failed 10 reinstate the men.
AZ that kiviat would he allowed TO run
for tho NcAl.creu trophy. on which he
already has gained two legs. In making
this statement the fact appears to be
ignored that the committee that meets
to-day has no power to reinsrnte the men.
but only to recommend such action to
the hoard of governors.
John r Dooling, cher counsei Tor
Kiviat and Smith, said last night that
the matter of asking for an injunction
to allow the men to compete In the
games tonight was being considered,
but +. J. Conway. president OF the
Irish American \. G., said that the ciuo
was doing nothing In the matter. The
question being asked by men who know
the rules is why tine Irish American
A C.. as a member of the Metropolitan
Association. accepted the entries OF men
who are ineligible to compete under the
rules which the club subscribed to and
under which rules the sanction for the
games was received. II was stated
positively that the name OF ktviat Is
among the entries for the McAleenan
1000 yards and that Smith also has
entered for the games.
LAWYERS who were consulted on the
subject doubted whether an injunction
could he obtained until kiviat and smith
had exhausted all their rights under the
rules Of the Amateur Athletic Union.
On the other hand the friends OF kivht
insisted that he had property rights IN
the McAlceuan trophy and was entitled
to take his third try for 1t II any ooun'
remained as to his eligibility.
In case an injunction Is obtained the
chief trouble will come from the Oh
servance Of the \. a |. rules IN regard
TO the other men entered IN the games
There is a very distinct rule that men
who compete against professional or UNI
registered athletes automatically sus-
pend themselves, and II IL not likely that
the prominent athletes entered against
the men who certainly are not registered
now would compete against the ineliginle
men. Suspension would Follow as p
matter Of course and the men ~ou'd o'
barred from future competition Inc
ultimate settlement or the hlNlat ana
Smith cases even II in favor or the men
would not affect the liability OF the com
petitors. as they would break the code
with their eyes open.
Chairman Mathews or the registration
committe. at frst WAS reluctant to
state what action h" "ould tahe III
case klviat went to the marx Tor Ms
race. He said IT would he MS duty 70
warn the other men entered NOT 10 ON
pete, and that # ih5y did so In the race
OF this warning they would he suspended
He went further later anu REMARKED
that II was a question whetner OF
not every man VINO competed III 'h'
games would he liable 10 SUSPENSION
even If they did not onlpe' h'Nct'.
against kiNiat ana smith. 80 faf'
said Mathews, 'our committee mas no