Arizona republican., 1917-06-30
f. !. ROYCE SEEKS II COMPEL
 STATE TO ALON PAR| AlUTUEL
Injunction Proceedings Are Started in Court to Make
 Fair Commission Live Up to Predecessors Contract

An echo of the trouble that arose over the Arizona State Fair Commis sion leasing the state fair grounds to C. D. Boyce for race meets and amuse- ments and incidentally to operate pari mutuel machines has been heard in the superior court where Boyce has insti- tuted injunction proceedings. In a com plaint filed in the superior court, he pays that a writ of injunction restrain ing and enjoining the commission, it's officers. agents. and attorneys from in terfering prohibiting and preventing him from occupying and using the state fair grounds under the terms of his contract.
 It will be recalled that when news of the contract first became known to the public with it came the request of Governor Campbell for the resignation of Fair Commissioner Homer Wood, then treasurer of the fair and after the governors demand was given publicity It was followed by the resignation of C. M Layton, chairman and remaining member of the commission who, with Wood, entered into the contract with BOyce. The governor based his act on the ground that operating pari mu- teul was contrary to the will of the people of this state and furthermore that the commissioner had exceeded it's authority in leasing the fair grounds It will be an entirely new commission cited for the hearing in the superior court. As yet no answer has been filed to the complaint filed by Boyce through his attorneys, Struck meyer and Jenckes.
 The complaint sets forth that the pc titioner and the fair commission en- tered q contract on April : by which the commission leased the buildings and grounds of the state fair for period of five years. After the eXecu- ton and delivery to him of the con- tract Boyce claims that he expended time, labor and money in arranging race meetings and in providing amuse ments and in arranging the incorpora- tion of a company to take over the contract Notwithstanding all this, Boyce alleges that the commission notified him that it had rejected the contract, and prohibits and prevents him from entering the fair grounds and carrying out the contract.
 Attached to the complaint is a copy of the contract witnessed by Thomas D. Shaughnessy, former secretary to the commission as party of the first
 
 pears as witness as party to the sec ond part A part of the contract fol- lows
 Party of the second part shall have exclusive privilege for the operation of the pari mutuel machine on said prem ises during the life of this lease. in cluding fair week, it being mutually agreed that all other concessions. in cluding gate and grandstand shall re main property of the first part during fair week
 That party of the second part agrees that if pari mutuel machines are operated on the premises during fair week to pay party of the first part a commission of 1 per cent of the gross business. Party of the second part agrees to guarantee and pay all purses. except harness, up-keep of the race track, etc. etc.
 Party of the second part agrees that the party of the first party shall have power and authority to terminate this lease at any time, when any of the laws of the state of Arizona are being violated by the said party of the sec ond part
 Party of the second part agrees that the party of the first part shall have general supervision of the operation of the pari mutuel machine and horse races to the extent of furnishing the operators of said machines and judges the same to be paid their compensation by party of the second part.
 It is hereby agreed between the two parties that any legislation or court decision declaring the use of pari mutuel unlawful. shall release all par ties from any further obligation ex- ceDt as to any unpaid obligation of party of the second part such as in- complete buildings, etc"