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KENTUCKY RACING LAW IS MISCONSTRUED. Attorney David W. Baird Has Evidently Been Misquoted by Louisville Correspondents. David W. Kaird, chief counsel for the Kentucky Racing Commission in the matter of testing the constitutionality of the law which created the racing commission, is quoted as follows in dispatches from Louisville on the decision of Judge Cochran in the United States Circuit Court of Appeals, sitting at Cincinnati: "This victory is not unexpected. With the constitutionality of the act upheld, the issues now presented are: The Kentucky Racing Commission can grant licenses for race meetings In reason, but it cannot exercise arbitrary power. Racing organizations must apply for dates and submit the personnel of the officials of the club. Thirty days, as the law provides, must intervene between each race meeting in different cities." Mr. Kaird has evidently been misquoted in his interpretation of the Kentucky racing law. There is nothing in the act which provides that thirty days shall Intervene between meetings. Here is the law. in its entirety: An act to regulate the racing of running horses in the Commonwealth of Kentucky, and to establish a State Racing Commission and prescribing its powers and duties. Kc it enacted by the General Assembly of the Commonwealth of Kentucky: Section 1. Any corporation formed for the purpose of racing and breeding or improving the breed of horses and conducting races and contests of speed, shall have the power and right, subject to the provisions of this act, to hold one or more running race meetings in each year, and to hold, maintain and conduct running races at such meetings. At such meetings the corporation or the owners of the horses engaged in such races or others who are not participants in the racing, may contribute purses, prizes, premiums or stakes to be contested for; but no person or persons other than the owner or owners of a horse or horses contesting in a race shall have any pecuniary interest in a purse, prize, premium or stake contested for in such n race, or be entitled to, or receive any portion thereof after such race shall have been linishcd; and the whole of such purse, prize, premium or stake shall be allotted, in accordance with the terms and conditions of such race. Such meetings shall not be held except during the period extending from the 1st day of April to the 1st day of December, inclusive, in each year. No running races are authorized or shall be permitted except during the period aforesaid, nor except between sunrise and sunset. Sec. 2. A State Racing Commission is hereby established, to consist of five persons to be appointed by the Governor, three of whom shall be breeders and raisers of thoroughbred stock, and no two of whom shall be members of the same racing association. The members of said commission shall hold their offices for a term of four years, and the first commission shall be appointed within twenty days after this act shall go into effect. Such commission shall appoint a secretary, who shall serve during its pleasure, whose duty it shall be to keep a full and faithful record of its proceedings, and preserve at its general office all books, maps, documents and papers intrusted to its care, and perform such other, duties as the commission may prescribe. He shall be paid a salary, to be. fixed by the commission at a rate not exceeding ,200 per annum, which shall be paid by the several racing corporations or associations, the amounts to be paid by each to be apportioned by the commission, which shall on or before the 1st day of December in each year assess upon each of said corporations or associations its just proportion of such salary. The commission shall biennially make a full report to the General Assembly of its proceedings for the two-year period ending with the 1st day of December preceding the meeting of the General Assembly, and shall embody therein such suggestions and recommendations as it shall deem desirable. Sec. 3. Said commission shall have the power to prescribe the rules, regulations and conditions under which running races shall be conducted in this state, and no such races shall be conducted except by a corporation or association duly licensed by said commission, as herein provided. Any corporation or association desiring to conduct such racing may annually apply to the State Racing Commission for the license so to do. If In the judgment of the commission a proper case for the issuance of such license is shown, it may grant the same for a term of one year; and every such license shall contain a condition that all races or race meetings conducted thereunder shall he subject to the rules, regulations and conditions from time to time prescribed by the commission, and shall be revocable by the commission for any violation thereof, or whenever the continuance of such license shall be deemed by the commission not conducive to the Interests of legitimate racing. But if said license is refused or revoked, said commission shall publicly state its reasons for so doing, and said reasons shall be written in full in the minute book of said commission, which shall at all times be subject to inspection upon application of anyone desiring to do so; said finding of said commission shall be subject to the review of a court of competent Jurisdiction; provided, that a refusal of the commission to grant any racing association a license or to assign any racing association at least forty days in each year if desired for racing at such association, and the decision of such commission revoking any license of any association shall be subject to review of the courts of the state. Sec, 4. Every running race meeting at which racing , sliall be permitted for any stake, purse or reward, except as allowed by this act, is hereby declared to be a public nuisance, and every person acting or aiding therein shall be deemed guilty of a misdemeanor and punished by a fine of not less than 00 nor more than ,000 for each day of such meeting or racing; and in addition thereto, in a suit brought for. the purpose by the State Racing Commission in the Circuit Court of the county where it may be proposed to conduct snch unauthorized racing, an injunction may be obtained against the same. Sec. 5. This act shall not apply to trotting meetings or races, nor shall it apply to racing conducted by any state, county or other fair association, holding not more than one meeting annually, and for a period not exceeding six days for eucb meeting, ... Sec. 0. Inasmuch as there is no general law regulating racing . In this Commonwealth, and It Is .desirable that one should be in operation as soon as possible, an emergency is hereby declared to exist, and this act shall be in full force and effect from and after Its passage.
