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CASE FOR RACING COMMISSION. Lexington, Ky., October 9. The State Racing Comniisison will meet here tomorrow to consider complications growing out of the recently adopted rule prohibiting the racing of horses in which bookmakers actively engaged in the betting ring are interested. The meetng has been specifically called to determine whether or not Fred Cook, who recently leased Whisk Broom and one other filly to W. H. Fizer, has violated the rule. If it be shown that the lease is bona fide, as is claimed by Cook ond Fizer, it is practically certain that the commission will hold that Cook lias not violated the rule, since he has a constitutional right to dispose of his property as he may see fit. In considering property rights the law regards a horse much in the nature of a house or land. It Is not unlawful to lease a horse or a house for legal purposes, and horse racing is not illegal. It is expected also that the eonmiisison will give aniore definite construction of the rule. The members are not in accord as to the proper construction- Mr. Des Cognets, for instance, holds that ;flie rule clearly intends that no man shall be permitted to race horses and make book on the same day. Mr. Graluger contends that the bookmaker should be permitted to lay odds on all races save those in which his horses figure as starters. Colonel Clay framed the rule as a reformatory measure and with the idea that bookmakers be bookmakers and horse owners be horse owners. Chairman Chinn arrived from Harrodsburg last night, but declined to discuss the question until after the meeting tomorrow.
