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THE HAVE3 DECISION The following full slatement of the decision iu the caee of T P Hayed suit for damages against the Now Louisville Jockey Club ap ¬ peared iu the Louisville CourierJournal of Sunday SundayThe The American Turf Congress and the Horse ¬ mens Protective Association received a black eye yesterday in the local courts when Judge Field in a brief oral opinion sustained he de ¬ murrer to the opinion of Thomas P Hayes in bis suit against the Now Louisville Jockey Club or in effect tho Western Jockey Club for 50OCO damages for being announced by the club as a disqualified trainer a euphonious term for outlawry because he had raced his horses on the Little Rock and Nashville tracks D F Bresson Secretary Louisville Jockey Club Under rule 208 Headley horses that have been trained under T P Hayes a disqual ¬ ified trainer are disqualified except may fill stake engagements or purses when they have tuch engagements Change of trainer does not change the disqualification GEORGE H KCHL Secretary SecretaryImmediately Immediately on receipt of the telegram President Scbulte ordered Miss Blarney to be declared out of the race raceRule Rule 208 which was responsible for Hayes diqnalification is as follows Any owner or trainer running horses or jockey riding the same at any unrecognized meeting shall bo disqualified for all races to which these rules apply Such horses and all other horses under the control of such owners and trainers shall also be disqualified A per ¬ son acting in an official capacity at an unrecog ¬ nized meeting shall also be disqualified which do not belong to the Western Jockey Club of which the New Louisville Jockey Club is a member memberJudge Judge Field held that the Louisville Jockey Club or the Western Jockey Club did not ex ercieea franchise and was not a public corpor ¬ ation The rule prohibiting the plaintiff from racing on tracks controlled by the club was not directed against him specially or solely but against every one who raced on tracks not un ¬ der this clubs control The rule was not indi ¬ vidual as against him It might tend to pro ¬ duce a monopoly in the racing business but its enforcement furnished no cause of action be ¬ cause those making and enforcing the rule did not exercise a franchise Tho immediate cause for the suit was the entry by Hayes of Miss Blarney in a race at the last Louisville spring meeting in May Just before the race was run a telegram was received from George H Kuhl Secretary of the Western Jockey Club which placed Hayes under the ban as a disqualified I trainer The telegram read This rule went into effect on March 18 but at the regular monthly meeting of the Board of Stewards of the Western Jockey Club at Chi ¬ cago on April 1 the following resolution was adopted All stake engagements made prior to the adoption of the rules on March 5 1901 shall be respected by the recognized and licensed meet ¬ ings of the Western Jockey Club and horses having such stake engagements shall be eligi ¬ ble to purses at the meetings where they have such stake engagements engagementsHayes Hayes iu his petition alleged that the local association associated itself with numerous owners and promoters of other race tracks under the name of the Western Jockey Club for the unlawfu1 purpose of controlling and monop ¬ olizing the racing business throughout the west ¬ ern and southern states He charged that the Western Jockey Club enacted Rule 208 to pre ¬ vent any horse owned by him or others from COimjnJBD ON SECOND PACK THE HAYES DECISION Continued from First Page racing on any track not owned by it and to out ¬ law them and their horses if they did raco on such tracks Hayes further alleged that he racod his horsos on the Little Rock and Nash ¬ ville tracks which do not belong to the Western Jockey Club and that thereby he incurred the illwill of the New Louisville Jockey Club and other members of the Western Jockey Club and as a consequence he was announced by them to bo a disqialifled trainer Ho charged that his disqualification was in pursuance of an ille ¬ gal combination and for the purpose of creat ¬ ing and preservicg a monopoly of the racing business throughout the west and south Hayes further stated that his disqualification was solely because of the failure of the Western Jockey Club to get the outstanding tracks to become a part of the organization and to com ¬ pel him to accede to their demands not to run his horses or thoao he trained on any outstand ¬ ing track trackMr Mr Bapinsky of counsel for Hayes said yes ¬ terday that in all probability an amended peti ¬ tion would be filed which would endeavor to meet Judge Fields ruling by setting out spe ¬ cifically that Rule 208 was directed especially against Hayes and other trainers whose horses were run on tracks other than those controlled by the Western Jockey Club ClubIf If Judge Field should sustain a demurrer to the amended petition the case will be taken to the Court of Appeals
