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- RACING COMMISSION WINS. ! JUDGE COCHRAN HOLDS THAT THE KENTUCKY LAW IS CONSTITUTIONAL. United States Circuit Court of Appeals at Cincinnati Dissolves Injunction Secured ty Douglas Park Jockey Club at Louisville. v Cincinnati, O., October 2. In a decision announced by Judge Cochran from the bench in the United States Circuit Court of Appeals herev today, the Kentucky law creating the State Racing Commission was declared to be constitutional; the temporary Injunction against the commission, granted by Judge Evans to the Douglas Park Jockey Club in the United States Circuit Court at. Louisville, was dissolved and the case remanded to the lower court for further proceedings. Jn a -nutshell this means that Louis A. Cella and his associates have lost their fight for a certain standing in Kentucky. It. was not until after the Cella interests iMinght the old Douglas Park track in Louisville and announced their intention of carrying the war between the Western Jockey Club and the American Turf Association into Kentucky that the bill creating the State Racing Commission was framed. That bill was known as the Chiun Bill. It was introduced in the Senate of the general Assembly In Kentucky March 3 last, by Senator John P. Chinn, of Harrodsburg. The bill in Its first paragraph recited that there could be racing in Kentucky only between April 1 and December 1 of any year. In its second paragraph it created a commission of five members to le appointed by4he Gavnjorencclfyjnthehrerms of office and setting f6rth that" ttie"iT6mmission should have a secretary at ,200 per year, the salary to be paid by the racing associations of the state. In the third paragraph the powers of the commission were defined. Xlie commission was giving absolute control of the racing, inasmuch as it would pass upon all applications for dates and allot only such dates as they deemed proper and to only such organizations as they were satis-lied would hold meetings whereat the welfare of the Commonwealth would not be disregarded. The bill further accorded the right of resort to the courts by disgruntled ones. This bill passed the Senate March C, by a vote of 32 to 4, and four days later it passed the House by a vote of S3 to 0. Governor Beckham signed the bill March 23, when it became a law. April 5, Governor Beckham appointed John P. Chinn, Milton Young, B. F. Clay, Charles F. Grainger and Louis des Cognets as the commission. This commission held its first meeting at Frankfort, April 18, and elected J. P. Chinn chairman and A. B. Bouse secretary. Lexington was chosen as the headquarters of the commission. April 23, John Hachmeister asked for dates May 12 to June 15 for a meeting at Douglas Park. These dates were in conflict with the dates that had been advertised by the New Louisville Jockey Club and the Latonia Jockey Club and the application was denied. A second application for dates for a meeting of thirty-one days beginning June 2 was also denied; May 17 Louis A. Cella and his associates entered a petition in the United States Circuit Court at Louisville for jii restraining order against the members of the commission. Judge Evans cited the niemlors to appear May 22. On ! that date the members of the commission filed an exhaustive answer. The case was argued the following day. May 24, Judge Evans granted a temporary injunction, saying that be had so proceeded that the defendants might have the right to take the case to a higher court for a decision of the question of constitutionality. The commission gave notice of an immediate appeal. The case went into the United States Circuit Court of Appeals here and arguments were heard July 10. The following day it was announced that a decision would be rendered at the Octolter term. The decision given by Judge Cochran today, is a lengthy one in which all points raised in the lower court were gone over. It was held that by the court review" provision of the law much that might be said against it had been reviewed. Judge Cochran said that the whole case turned on the question of the public welfare and read decisions in other cases where it had been held that limitations were advisable and necessary in permitting many kinds of business, where racing was on. Where a business may be lawful the enforcement of limitations may be harmful to some one engaged in that business, but the point of ithe public welfare would have to govern. As to motives that led to the enactment of the present law, the court did not find that these had been improper, public welfare again being the deciding point. He discussed at some length the evils arising from betting on races and the maintenance of poolrooms in connection with the business, holding that some limitation was proper and necessary, and that this particular law was entirely fair to all con-corned. Even a law prohibiting the holding of some races would be valid on account of the evils of poolrooms, and certainly a law limiting the meetings would be according to public policy. Further, it was found that the suit in this case hnd been brought against the members of the commission as individuals and not as official members of the commissions The order of the lower court was therefore reversed, the injunction against the ! commission was dissolved, and the case remanded to the lower court for further proceedings. Horsemen Approve the Decision. Louisville, Ky., October 2. Judge Cochrans decision, declaring the Kentucky State Racing Commission legal and dissolving the injunction obtained by the Douglas Park Jockey Club last spring from Judge Evans, restraining the commigsion from interference with the new racing plant, was the chief topic among horsemen this afternoon. Few cared to voice their opinion for publication, but they were almost a unit in the belief that supervision of the sport under the law would be beneficial to racing in this state. Mr. Charles F. Grainger, who Is a member of the racing commission said: "The decision of Judge Cochran Is what we had anticipated, it insnres honest racing in Kentucky, the home of the thoroughbred, and you can say that the commission will see to it that the law Is carried out to the letter and on fair and equitable lines to everybody."
