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NEW ANGLE TO BUTLER CASE. H Colonel Franklin Bartlett, who Is the legal representative of the New York Racing Commission, says there will be no raciug at Empire City track, the announcement of James BuUer to the contrary notwithstanding. The case will go to the Supreme Court on appeal and Colonel Bartlett argues that a decision is not necessary to prevent the holdinsv of the proposed meeting. "No matter Avhat others may say regarding the question of a stay," said he a day or two ago, "tha notice of the appeal In the case of a state board! does not act as a stay, and there can be no further action taken in the case until it Is heard In tha Court of Appeals. This is specifically set forth in Section 1,313 of the code of procedure. Under ordinary conditions, the case Avill not be reached bjj the Court of Appeals before the first week la Octo ber,1 . , . i
