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WINN TO BE THE MANAGER. PRESIDENT OF AMERICAN TURF ASSOCIATION JOINS BUTLER. State Racing Commission Postpones Action . on Empire City Clubs Demands Until Today. New York, July 23. The State Bacing Commission met today to listen to the appeal of the Empire City Trotting Club to abrogate or . modify certain rules of racing which would prevent the Jockey Club from outlawing horsemen -who raced at the Empire City track. Under the Percy-Gray law the State Bacing Commission has the power to do tins, but the law also reads that the Jockey Club must be heard in the matter, and the case was postponed until 1 oclock tomorrow, when both sides will present a written statement of the case. To many it begins to look now as if some sort of compromise might be effected. It is the general hope that such is the case. The most important news in connection with the, Empire City matter today is that Alatt J. Winn, of Louisville, president of the American Turf Association, lias licen engaged to manage the coming meeting. Air. Winn came here last week to meet Joseph L. Bhinock and Louis A. Cella with reference to next winters racing in New Orleans and had all his arrangements made to leave for home Sunday, when he got a request from James Butler for a conference. Air. Butler then made Air. Winn an offer to take the general management of the meeting and late this afternoon the offer was accepted. Air. Winn will start in at once to shape matters up for Hie meeting and, although fully realizing that he has a gigantic task ahead of him, hopes to bring order out of chaos in the short time allowed him. This is quite the best move the Emolnr City people have yet made, as Air. Winn is not only a capable racing manager, but brings with him the confidence and support of a large number of western horsemen who are idle just at this time. As there is no outlaw rule with the American Turf Association, except a ruling off for fraud, western horsemen who come to Empire City will have an utter disregard for the action of the Jockey Club. In an interview tonight Air. Winn said: "I came here on purely personal matters and represent no . one but myself. Aly coming must not be construed as representing any western interest, for such Is decidedly not the case. There is not a dollar of western money invested in Empire City track, so far as I know, and I shall have nothing to do with any light that may be on between the Empire City track and the Jockey Club. Aly duties are simply to take bold at once, arrange a program, get the plant in the best shape possible and interest what horsemen I can in the meeting. I have no axes to grind and my only desire will bo to make the meeting as much of a success as possible under the conditions. I have not yet seen the itrack, but expect to go out there early tomorrow morning, pull off my coat and settle down to two weeks of the hardest work I have ever "yet undertaken. I will be able to make some announcement just as soon as I look over the ground and see what can be done. I am to have a freo hand and with hard work hope to get matters shaped up by Augifst 5. Announcement was made this afternoon that a force of 500 men will be at work tomorrow getting-the track and buildings In shape for the opening of the meeting August 5. The majority of these men will be at work on the track proper. It is now as hard as flint after its use for trotting and pacing races and will have to be plowed, harrowed ami worked over extensively to make It lit for the runners. The facilities in the main betting pavilion will be increased by extending it behind the grandstand and the roadway leading from Yonkers avenue to the lawn. Tills roadway will be used in future for automobiles and carriages only. A new general entrance will be made at the Jerome avenue end of the track, where the trolley line ends, to the northwest of the grandstand. Behind the new field stand, which is to have a seating capacity of 2,500, will be a betting shed. Work on the railroad improvements has begun. The association has turned over to the trolley company a large piece of property behind the clubhouse. This will be utilized for a trolley loop. In going from this city patrons of the track will use the New York Central Station to Woodlawn. Then the Webster avenue trolley will convey them to Jerome avenue, where the new switch will be In working order by which the ride will -be made direct to the track. The time of the whole journey will be forty minutes from the Grand Central. The letter of the Empire City Trotting Club, which occasioned the meeting of the State Bacing Commission today, is in full as follows: The State Racing Commission. Hon. James. W. Wadsworth, Chairman, 32 Nassau Street, New York City. Gentlemen The Bacing Law Chapter 070 of the Laws of 1S95, Sec. G provides for the issue by the State Bacing Commission to .certain corporations of a license to conduct running races and race meetings. This Is the only license issued for that purpose known to the law. The same section provides that the license shall contain a" condition that all running races and race meetlugs conducted thereunder shall be subject to the reasonable rules and regulations from time to time prescribed by the Jockey Club. It also provides that any rule or regulation of such Jockey Club may be modified or abrogated by the State. Bacing Commission. I Under color, of the authority given by this gtat WINN TO BE THE MANAGER. Continued from first page. ute, the Jockey Club has promulgated the following as one of its "Rules": "8. The stewards of the Jockey Club shall have power to grant and withdraw licenses to racecourses." We submit that the above rule is not a reason-aide rule within the meaning of the statute; that it Is illegal and improper in so far as it applies to racecourses within the State of New York, inasmuch as it attempts to assert a power over licenses in the stewards of the Jockey Club at variance with and in opposition to that of the State Racing Commission, and that it should be abrogated or modified. The license by the commission being declared by the law to be sufficient authority for the holding of race meetings and being the only license which the law prescribes, the granting or withholding or a license cannot legally be exercised by any other authority. If the Stale Racing Commission should refuse a license to an applicant the license of the Jockey Club could not legalize a race meeting. On the other hand, if the commission Issues a license, the failure of the Jockey Club to grant one could not destroy or weaken the authority derived from the commissions license. If such were the case, the license of the commission would be .an empty formality which the Jockey Club would be at liberty to nullify at will. The Jockey Club has further published a rule, making a listinetIon between "recognized" and "unrecognized" meetings, so-called, and declaring that meetings held by certain associations, to-wit, the Coney Island Jockey Club, .the Brooklyn Jockey Club, the Westchester Racing Association and the Brighton Beach Racing Association, are "recognized" meetings, as well as any meeting held under "a license by the Jockey Club," and that those held without such license, or the license of a turf authority recognized by the Jockey Club, are unrecognized meetings. The rule in question is as follows: "1. A recognized meeting is: "1 A meeting held by the Ooney Island Jockey Club, the Brooklyn Jockey Club, the Westchester Racing Associtiou and the Brighton Beach Racing Association. "2 A meeting held under a license granted by 1he Jockey Club, or one held in the United States or Canada under the sanction of any turf authority whoso jurisdiction over racing of any nature is recognized by the Jockey Club and which enforces the forfeit list of the Jockey Club and such recognized associations, and which also gives effect to sentences imposed by those authorities upon persons gnijtv of any fraudulent practices on the turf. 3 A meeting held in the United Kingdom under the auspices of the English Jockey Club and all others having a reciprocal agreement with it. "4 A meeting held in any foreign country other than the United Kingdom and Cauada under Mhe sanction of any turf authority giving effect to TeliWnceS Imposed by the stewards of the Jockey-Club upon persons guijty of fraudulent practices on the turf, and which enforces the forfeit list of the Jockey Club." The Jockey Club has further published rules disqualifying horses, owners, trainers and jockeys takr ing part In unrecognized race meetings from participation In recognized meetings, as follows: "C if a horse run at any unrecognized meeting he is disqualified from all races to which these rules apply. "7 Any owner or trainer running horses, any jockey riding the same at any unrecognized meeting shall be disqualified for all races to which these rules apply. Such horses and all others under tlis control of such owner or trainer shall also be disqualified. Any person acting in any official capacity may also be disqualified." The rules above quoted S. 1, C and 7 are unreasonable. Illegal and improper In this, that they not only assert a right unknown to the law. In the Jockey Club, to grant and withdraw licenses, but they undertake to punish those who take part In a meeting which the Jockey Club lias not licensed, and thereby to boycott the meeting and prevent it from being held, "even though it Is held under the license of the State Racing Commission. It may have been the intention, in framing these rules, to refer exclusively to race tracks outside the State of New York, which do not Jail under the licensing power of the State Racing Commission; but if so, the language used would not seem to be sufficiently restricted. In fact, it has been stated by an authorized representative of the Jockey Club that a race meeting held without the license of the Jockey Club, although authorized by the license of the commission, would be an unrecognized or outlawed meeting, and the inipresison due to this and other similar statements has obtained credence in certain quarters and has found expression recently In the public prints, especially In connection with the proposed racing meeting at the Empire City track, for which the State Racing Commission has just issued its license. It is manifest that if such an impression is allowed to exist in the public mind, however unfounded it may be, it will be extremely difficult, if not impossible, to hold the race meeting in question, as neither owners, trainers nor jockeys would be willing to participate in a race meeting which disqualified them from all the other race meetings of the current season in the State of New York. As it is proposed to hold this race meeting in the month of August, the matter Is one of extreme urgency. In view of the possible construction which might he given to them, we asked the Jockey Club on July 0 last to give us an explicit assurance that these rules are not intended to apply to a meeting held under a license of the State Racing Commission. In. its reply, received this day, t lie Jockey Club has failed to give us such an assurance. A copy of the correspondence is hereto annexed. In pursuance of the provision of the statute Chapter .770 of the Laws of 1S05 providing that "any rule or , regulation of such Jockey Club , . may be modified or abrogated by the Slate Racing Commission on giving such Jockey Club .... an opportunity to be heard," we respectfully ask that the commission will take immediate action to abrogate or modify the rules in question, so that they shall not apply to a meet Ing held under the license of the State Racing Commission. Very respectfully. EMPIRE CITY TROTTING CLUB, By James Butler, President. Section 0. of chapter 570 of the New York racing law the Percy-Gray law, referred to in the opening paragraph of Mr. Butlers letter covers licenses for races and the conditions thereof and in full reads as follows: Any corporation or association desiring to obtain the benefits of the provisions of section 3 of this act, if proposing to conduct a race course or race meeting for running races or steeplechases, may annually apply to the State Racing Commission for a license to conduct running races and race meetings or steeplechase meetings as the case may be. If, in the judgment of such commission, a proper case for the issuance of such license is shown. It may grant such license, for a term of one year, livery such license shall contain a condition thai all running races or race meetings conducted thereunder, shall be subject to the reasonable rules and regulations, from time to time prescribed by the Jockey Club, a corporation organized under the laws of the Slate of New York, and that all steeplechase meetings or steeplechases- shall be subject to the reasonable rules and regulations of the National Steeplechase Association, a corporation organized under the laws of the State of New York. Any rule or regulation of such Jockey Club or National Steeplechase Association may be modified or abrogated by the State Racing Commission, cm giving such Jockey Club or National Steeplechase Association an opportunity to be heard.