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THE CASE OF JOCKEY DORSET Here is the report about the case of Jockey Dorsey vs the License Committee of the Turf Congress from one of the best authorities in Cincinnati It was specially secured on an order from DAILY RACING FORM and says I regret delay in getting information de ¬ sired On receipt of request I searched files of Law Bulletin for one month only to learn after ¬ ward that the decision was oral and not re ¬ ported Owing to absence of Judge Buchwalter who has since retired from the bench as well as that of counsel from the city I was prevented until last Monday morning from taking down from Judge Buchwalter hims If the points pleaded and of confirming them by the attor ¬ neys engaged in the case caseDorsey Dorsey a jockey sued the Committee of the American Turf Congress Messrs Rees Labold and others for heavy damages 20000 for re ¬ fusing to allow him to ride in races and for threatening to revoke his annual license He was allowed a temporary restraining order to prevent the committee from carrying out its alleged threat to revoke the licpnse The suit was filed about the middle of September 1896 On motion to dissolve the temporary injunction made by the committee which was heard Janu ¬ ary 12 it was satisfactorily shown to Judge Buchwalter that Dorseya annual license as a jockey had expired The right to an injunction to prevent the committee from doing what was manifestly a vain and un ¬ necessary thing no longer existed Any right of Dorsey to relief in that direction had been lost by expiration of his license tio the temporary restainiug order was dissolved The court in ¬ timated that even if the license had not expired the further fact appearing that the committee had actually revoked the license and excluded Dorsey from the track as a jockey in Augustprior to the commencement of his action he would have dissolved the injunction on that ground alone because the court could not permit the committee from doing an act which the facts showed it had already done For this the commit ¬ tees were liable in damages if not justified The situation therefore is that Dors y is remanded to his right to damages for what he complains was the unlawful refusal of the committee to permit him the privileges of a jockey during the period of his annual license Phis claim is mot by the answer of the committee that Dorsoy had been guilty of fraud or in other words cor ¬ rupt riding by which the horses ho rode were not allowed to win on their merits This issue is still pending and testimony is being taken by tho committee to establish the defense it has made to his suit suitIt It will be seen therefore that the case has not been decided on its merits except in so far as tho right to an injunction where the act sought to be relieved against has already been done is concerned Of course if it is proved that the committee had no just reason to revoke Dorseys license and refuse him permission to pursue his calling as a jockey its members will bo hold responsible in such damages as Dorsey may prove he has suffered Shay Cogan are attorneys for Dorsey and Judge Outcult of Ouc cult Granger represent the Committee of the Turf Congress CongressIn In a personal letter to the editor of DAILY RACING FORM Mr B J Johnson Dorseys em ¬ ployer while declaring his thorough belief in Dorseys innocence corroborates the points of the above recital of the case The entire parade shows how cheap and far fetched was the de ¬ claration of Broadchnrch of The Spirit of the Times for which he quoted the Racing Gover ¬ nors at New Orleans and in which complaint was made that DAILY RACING FORM had mis ¬ represented the Dorsey case in every way
