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C a at v. 1 i c t li j t j , , , . a j 1 ; : . 1 i . ADVERSELY TO THE JOCKEY CLUB. Court of Final Resort Decides in Favor of the Empire City Trotting Club. New York, November 10. The Court of Appeals Albany today handed down a decision in the Empire City case affirming the order of the Appellate Division of the Supreme Court directing the State Racing Commission to issue a license to the F.mpire City Trotting Club to hold a running meeting at Youkers. This is a final determination of the case arising last March when James Butler applied to the commisison for a license, which was denied by that body. Mr. Butler, through his counsel, James Russell Soley, then applied to the Supreme Court for a writ of mandamus directed to the Racing Commission, which was denied by Justice Mills after hearing arguments by counsel for Mr. Butler and the Commission. The court at this hearing ruled that under the law the granting of licenses rested with the State Racing Commission, they having discretionary power to grant licenses or withhold them, that power residing in them absolutely and could not be disturbed by the courts. An appeal was taken from this decision by Mr. Butler to the Appellate Division, and that body on June 14 issued peremptory writ of mandamus directed to the State Racing Commission to issue a license to the Empire City Trotting Club, which was done, and the probable dates for the meeting were then announced. The State Racing Commission hereupon appealed the case to the Court of Appeals.. The decision today is a final adjudication of "the matter, and while the full. text of the decision is not obtainable tonight, it appears that the contention of the Empire City Trotting Club that the Racing Commission is compelled to issue licenses to all organizations in this state which apply to the commission for a license, after complying with all of the requirements of the law, has been sustained.
