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5,000 OFFERED FOR MAC KAY COLT. New York, October 15. An English offer of 5-,000 is said to have been .made within the last two days to Clarence Mackay for the Meddler Won-by-Waiting colt, which is now In England and is nominated for the Epsom Derby, and other English stakes of 1909. The offer was declined. LOUISVILLE TROUBLE NOT SERIOUS. Betting on Kentucky Race Tracks Is Leqal in Every Way. The. trouble in Kentucky has been bridged over by the action of the State Racing Commission granting the Louisville dates to Latonia. the meeting at which track will continue until November 2. There does not seem to be any real cause for the fear that racing is menaced In Kentucky. The clear general opinion is that politics caused the Louisville trouble, the dominant party just now being bitterly opposed to President Grainger of the New Louisville Jockey Club a politician of great activity and inlluence himself. There will be a new set of city officials elected shortly, and no further trouble is anticipated after they arc seated. It is not believed that tlie racing situation in Kentucky will be seriously affected by the abandonment of this meeting. Such is the opinion of Kcntuckiaus iii Chicago . and it is echoed by T. C. .McDowell and Colonel A. W. Hamilton from Xew York. The Kentucky law in relation to betting on a race track is clearly favorable and the favor was reiterated in a decision rendered March 29. 1S99 in the ease of the l.aliinia Agricultural and Stock Association against Donnelly, tax collector, etc.. and went up on appeal from the Circuit Court of Kenton County. The Latonia association sought to enjoin the collection of taxes upon its franchise assessed by the Board of Valuation and assessments for the year 1S97, pursuant lo Section 4077. of the Kentucky statutes, which pnides for the payment of franchise taxes by corporations and associations having or exercising any special or excursion privilege or franchise not allowed by law to natural persons. Judge Burnani, delivering the opinion of the Appellate Court, closed by saying: "We are of the opinion that this provision of appellants charter legalizes the sale of pools made by it. or under its authority, on its grounds, and protects it against the civil liability denounced by the statute against natural persons who are engaged in the same or similar occupations; and it, therefore, becomes and is valuable, special and ex--elusive privilege within the meaning of the statute, and renders appellant liable for the payment of the franchise tax provided by the statute. "In view of the conclusion which we have reached on this point, it will be unnecessary to consider other suggestions made by counsel for appellees as to appellants liability. For the reasons indicated the judgment is affirmed."
