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BUTLERS BATTLE FOR A LICENSE. Basis of His Argument Is Shown in Application for a Mandamus Writ. Opinion ;is to the outcome of Fmpire city track case in New York is divided and the arguments bedare .Justice MilK iii the ftapii an Chart at White Plains are anrieaalj awaited, fhaliaaap jame* w Wadswonh of the Hot Each State Bad** Com, mi, si.m believes that the eeti f the commission in T ■■■» a license t« Mi. Batter will he upheld sad 1 that the application lot? a mandamus writ will bo denied. Ijiis belief seems to hare the nana* 11 mi »t all acraoiii identified with the established racing * interests in the eoat. Oa tic ether hand many legal I lights ami • HC laymen who take an interest in racing - arc sine thai Mr. Batter will gain his contention 1 and that the Baring PranaHeafna will be compelled i" issue a license. The 1. Mimical tiled in the application for a nianilamiis writ is a lengthy one. II sets that the Km pi re City Trotting Association was I incorporated in accordance with the law of has" fen- racing ■arnrlatlnaa. arhteh gives corporations * regularly cs.ahlishcd the power and right to hold one or more trot tin- or running race meetings in 1 each year." It is pointed out also that the track ■ bl of one mile in circumference, as the law re quires. More than gMt, 1 was expended lor the racetrack pragertjr, it i- alleged, and there is stab ling accommodation for more than Ml lliwaii the conieiilion i nude that -it is the ,lnty of the said Slate Racing Commission to issue ;, license to conduct running races ami race meetings or steeple chases and Steeplechase meetings tor the term of one year to any corporation formed under the |«ro-visions ,,r BBM acta prior l.. February 1. 1863, which should apply therefor, if such cor|M ration has -land I in its certificate of organization th.it it is pro ! «scd to exeicisc 1 i e particular powers con fen ed I b] s,.,i ion :: of Chapter ".T the Laws of 183G as 1 amended, and if it shall comply with all the provisions of said acts, whereby such corpora I ion was reatod with the passes ami the right to bold aaea races and such race meetings." h is asserted that the Baapire city track has complied with all the necessary formalities of whatsoever sort. It is pointed out in a succeeding folio of the paper that the total trona receipts from lacing in UK bf six organizations was 8644.411 ft. ami that in 1868 the same six organizations had total gross receipts of 83,421,-06, or more tlian six times a, btrge. The total gross receipts from racing in the last eleven years aie held at |lli.W.HI. On the basis id these Bgnrea Mr. Butler"* argument is: "The franchise or right Ui conduct running race meetings is a substantial right and one of great pecuniary value, the denial of which results in great and suhsianlial injury and loss for which a party to whom each right is denied has no adequate re ly at law." It is further set forth on January : ::. of this rear , that application for a license was made to the Stale Racing Commissi. .n. mat that at a meeting of the commission on February 16- licenses were issued to eight other associations. A week later the commission formally refused 1 ins F.mpirc City track a Ii cense, "w Tongf ally and arbitrarily." in the language of the relator. It is contended that "this was an «c| of gross discrimination and partiality, con- tear* to law aud justice ami in violation of the •duties of said commissi! 11. whereby the right and I pswera which the state had vested equally in all ■MIC wrong! ally and unjustly rcsciTcd to certain favored organizations and the franchise of the relator was uttciiy a steered to its psaat damage and injury for which it has no adequate remedy at law. . An unpleasant inference is drawn in the following paragraph, toward the close of the argument: "At the time when the action aln.ve stated was taken by said State Racing Coinmissiou by arhteh licenses were granted to said eight racing as-ocia tiens. the 1 hairin in of said commission was a member and stockholder of the Coney Island Jockey Club, ime of said- taring associations, and the oilier commissioner present at the meeting had lieen for many a-ean prior to his appointment us such commissioner a stockholder and director in two of said racing associations, the Coney Island Jockey Club and the Saratoga Association." Further, that "in or about the mouth of .Tanuary. 1917. and therfor prior to the irrantiug of any licenses by Ihe State Racing Commission for the current year, said .lot key Club had assumed and arrogated to itself the arrangement of dated Eat races ami race meetings Itetween the Ilh day of April and the 15th day of November. 1902, whereby it assumed to divide and parcel out said entile period among said eight racing associations, although no licence had at thai time been granted I by the State Racing Commission for the year 1907." It is set forth that the F.mpiro City trash applied 1 Im a license in 1905, 1906 and 19*7, all three times being refused. It is submitted that this has hurt the track, which legally is entitled to such a li-11 use. The final apiieal is for a mandamus writ I ordering James ff. Wadsworth. chairman: John 1 Sauford and Harry K. Knapp. the members of the State Racing Commission, to issue a license for the season."
