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WHAT THEY TOLD THE GOVERNOR. Chairman Chinns Bitter Arraignment of the Cella Interests in Connection with Kentucky Racing. Lexington, Ky.. October 23. After their conference with Governor Wilson at Frankfort this afternoon Chairman China and .Messrs. Clay. Young and des Cognets of the Slate Racing Commission, returned to Lexington with the announcement that further procedure against tiie Lfttonia jockey Club is now a matter for the officials of Kenton County and or the state.. "We made a full statement of the case to the governor," said Chairman Chinn, "and left the matter without a recommendation of any sort as to procedure in his bands. In so far as the State Racing Commission is concerned there remaius nothing further for it to do except to answer the petition filed in equity in he Kenton County Circuit Court by the Lutonia Jockey Club, and that will be done at once by Attorney Lewis McQuowii, wlw went to Covington this afternoon for that purpose. hi presenting the case to the governor we began with a recital of the entry of the Delist interests to Kentucky in the winter of 1905-1900. which necessitated passage of the act for the regulation of racing in Kentucky and creating a commission to govern the sport, which was done by the legislature in March. 1H00. That act was read to the governor. Then1 he wns told of the attempt of the Cella interests to run Douglas Park in conflict with the long-established Churchill Downs meeting: how tliev attacked the constitutionality of the law creating the commission: bow they sued out injunctions restrain ing the commission from interfering with their plans for a clash with Churchill Downs: how the case was tried in the United States Court of Appeals at Cincinnati, and how the commission was upheld by that eoirt. and the opinion of Judge A. M. J. Cochran was laid before him. The governor was made acquainted with the manner in which the Cella interests through purchase had succeeded in putting the Churchill Downs and Douglas Park tracks at Louisville into a holding compnnv. and. this done. had. through the threat of building an opposition track near Covington, .forced the sale of a controlling interest in the Lutonia Jockey Club to them. Then lie was told how every move of the commission for better control of racing had been covertly opposed bv these interests, and finally lie was made acquainted with the conditions which necessitated a visit to the Court, of Appeals last spring for an interpretation of the charter rights of tracks with reference to the system of betting. How the court had decided that unquestionably betting by pari-mutuels and auction iools was sanctioned. Then he was shown how the legislature at its last session had passed a law intended to wipe out gambling in poolrooms and handbooks and how the legislature in the passage of that act had recognized the control of the State Racing Conunision bv exempting betting at the tracks of regularly organized associations licensed by the commission and how the commission, for Cue betterment of turf conditions in this state generally, had placed a ban on all forms ot betting saye by pari-mutuel and auction wols; how the passing of the bookmakers at the Louisville spring meeting was received with lieartv public approval; how the request of the Latonia Jockey Club for the reinstatement of the bookmakers after the first few days of its spring meeting was opposed bv the horsemen and public generally: how the coin-mission was urged to stand firmly bv its rule permitting only the mutucls and the auctions: how. at the direction of Louis A. Cella, the Latonia spring meeting was suddenly terminated when bookmaking was denied: bow they bad come again this fall with the request for books, were again denied and how they had defied the authority of the commission by opening the meeting witli bookmakers; how their license was revoked and how they are now running the meeting without a license. "The attention of the governor was directed to the fact that under section six of the Wilhelm law the Latonia Jockey Club is now in the attitude of a poolroom in this state, that under section live of that law tlie sheriff, or any other official of Kenton County having police powers, is liable to the forfeiture of his oliice if he fails to suppress betting at that track now in operation without the license from the State Racing Commission, and that under sections one and two the managers, employes. Iook-makors and clerks are liable to tine and imprisonment for every day they continue at the unlicensed meeting. "The governor heard the argument of Attorney Harvey Myers as well and told us he would give the case his most earnest consideration. I have absolutely no doubt of the legality of every act of the commission and it is a million to one that when the suit brought by the Latonia Jockey Club is tried out the commission will be the winner. The attitude of tlie commission in this matter has not been one of hostility, we have not been aggressive."
