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DECISION IS FAVORABLE TO BUTLER. Announces Meeting at Empire City Track — Racing Commission Will Appeal. New York, Tune 1-1.— In a derision handed down by the Appellate Division of the Supreme Court this afternoon liie tilling of Judge Kcogb upholding the state racing commission in refusing to grant a license to the Kmpire City Racing .Association, waa reversed and a peremptory writ of mandamus directing that the license be Issued was granted. The I president of the Kmpire Association iis James Butler, who owns the Kmpire City track a»t Yonkers. When the association applied for a license to run races at the track this year it was refused, the State Racing Commission claiming that under the law of 1MB the power of granting or refusing licenses rested with it. The judges of the Appellate Division bold that the contention has no basis and that, the Kmpire Association canuot be refused a license so long as it o! ey8 the law. Immediately after the decision became known it was announced that a race meeting of twenty-two days will be held on the Fmpire City tTack in August. An appeal will probably be taken by the State Racing Commission to the Supremte Court in Albany.
