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BUTLER WILL TAKE AN APPEAL. New York. April 22. The Empire City Trotting Club, of which James A. Butler is president and which has been trying to get a license from the State Racing Commissioners so that it can hold running races on the track between Mount Vernon and Yc.nkers. il was learned today, will appeal from Ihe decision of Justice Mills declining to Interfwe with tin- deci-ioii of the commissioners. Justice Mills holds that he cannot grant a mandamus in favor of Ihe club and against the coin-mission because the power of the Racing Commission is absolute and it can decline a license to any club if it contends that it is lor interests of the-sport. Ill. club will ap| eal to the Appellate Division and if necessary will carry the fight to the Court of Appeals. Ihe club is determined to secure racing dates if there is any law which will farce Ihe racing commissioners to give it a license.