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LATONIA CLUBS APPEAL FOR REVIEW. Text of the Petition Filed in the Kenton Circuit Court Against Racing Commission. The conflict between tlie Kentucky State Racing Commission and the Latonia Jockey Club with its resultant appeal to the courts for a settlement is a novelty in the affairs of the turf and a matter viewed with concern by all turfmen elsewhere, as well as in Kentucky. Suggestions that it will do groat harm to racing in Kentucky are not well founded. The State Racing Commission claims a latitude of control that the Latonia Jockey Club disputes. That is all that there is to the affair and, instead, of being harmful, it will probably prove beneficial to have the matters in issui? decided by the courts. Then all concerned will know where they stand and there can be no harm in that. In the meantime, for record purposes and for information, the text of the appeal to the Kenton County Circuit Court for a review of the acts of the commission iii behalf of the Latonia Jockey Club is here given: "The plaintiff. Latonia Agricultural Association, of Kenton County, Kentucky, says it is a corporation created and existing under and by virtue of an act of the General Assembly of Kentucky, being chapter 1,427 of the acts of the General Assembly of 1SS2, entitled An adt to incorporate the Latonia Agricultural Association, of Kenton Countv. Kentucky. Approved April 21. 1SS2, that by said act said corporation was authorized and empowered to acquire the necessary land therefor in Kenton I ounty. and to construct, mmntain and operate a race course, together with grandstand, paddock, stables and all other necessary buildings, and to conduct thereon, in connection therewith, races and race meetings and exhibitions of live stock, and says that it did thereafter, to-wit, in the years 1SS2 and Its:; purchase necessary land, to-wlt. upward of 100 acres in Kenton County, and has constructed thereon and has since maintained a full mile race course, find in connection therewith, and as a necessary part thereof, it constructed at great expense, to-wlt. at an expense of approximately 00,000. grandstand, paddock, clubhouse, stables, fences, and has expended large sums of money in beautifying said grounds to make sumo attractive to the public, and has each year including and since the year 1SS3 Isold and conducted running race meetings, contests of speed and endurance between thoroughbred horses on said grounds for purses and premiums offered and paid by it, and says that it lias now advertised to the public and to horse owners and breeders that it will, beginning October 19, 100S, conduct a fall race meeting on said grounds, and it has at great expense prepared said grounds and prepared to hold said meeting and has issued its printed announcement of said races, including tlie conditions of the races and the purses and stakes to be given away, and many entries have been made in said events, and there are several hundred horses now stabled upon its grounds, the owners of which have brought the same there for the purpose of participating in said meeting, and it lias advertised this fact and will give in purses and premiums to said owners large sums of money, and says that said meeting began on that day and is now in progress and will continue twenty-four days. "Plaintiff further says that the General Assembly of Kentucky, at its session in 1000, passed an act entitled: An act to establish a Racing Commission and to regulate racing in Kentucky. which was approved March 23, 1000, and that by the terms of said act a commission consisting of five members, to be appointed by the governor of the commonwealth, was created, and thereafter tlie defendants, I. F. Clay. Milton Young. Louis des Cognets. J. P. Chinn and Charles F. Grainger, were duly appointed and qualified, and are now acting as such Racing Commission, and the defendant. J. P. Chinn. was duly elected and is now acting as chairman of said commission. Plaintiff says that by the terms of the act creating said commission it was provided that no race meetings should be held in the state of Kentucky by any incorporated racing association, unless said association should lie thereto duly licensed by said commission: and plaintiff says that said commission duly issued its license to it. this plaintiff authorizing it to hold nice meetings on its grounds during the year 190S, but that thereafter, to-wit. on the 20th day of October, 190S. the said commission wrongfully, unlawfully and without reason and contrary to the rights of the plaintiff, entered an order upon Its minute book revoking said license, said order of revocation to take effect immediately, to-wit. on said day at 1 oclock p. m. Plaintiff says that it has conducted its race course and racing thereon in all respects under the rules, regulations and conditions prescribed by .said commission: that it has in all respects obeyed the laws of the land: that it has conducted high-class racing. Plaintiff says that by the terms of said act of the General Assembly, creating said commission, it is specially provided that the decisions of such commission revoking any license of any association shall be subject to review by the courts of the state, and the plaintiff now asks the court to review said act of the commission revoking its license and to restrain the commission from any further action in the premises until said review can be had. Plaintiff says that the said commission is now threatening to and will, unless restrained and enjoined by this honorable court, advertise to the world that this plaintiff is conducting an illegal and outlawed meeting; that it will endeavor to prevent the officers conducting said meeting from further acting, and to prevent the owners of horses from further participating in said race meeting, and that said actions upon its part will result in great and irreparable injury to this plaintiff, not susceptible of exact or even approximate ascertainment, and says that it has no remedy at law for the wrongs herein complained of. "Paragraph 2. The plaintiff reiterates and makes a part of this paragraph as fully to all intents and purposes as though herein set forth the first paragraph hereof, and says that the act of the General Assembly creating the said Racing Commission is unconstitutional, null and void, and says that the said commission has no right or authority to in any wise or to any extent meddle in or to interfere with the holding of race meetings upon its property, or the management, control and operation of its said property, but says that the defendants, claiming to act as the State Racing Commission, are asserting the right to interfere witli and to regulate the operation of this plaintiffs race track and properties, and to regulate and control the manner in which it shall conlluct its race meetings, and says that if permitted further so to do great and irreparable injury will result to it. this plaintiff. "Wherefore, tlie premises considered, the plaintiff prays that this court review the action of said commission in revoking said license, and that plaintiff have judgment ordering and directing the defendants to enter an order upon their minute book setting aside the order entered on the 20th day of October, 190S, revoking the license of the Latonia Agricultural Association to conduct race meetings during the year 190S. or that an order be entered directing said commission to issue a new license to this plaintiff, as to the court may seem proper; that the defendants. E. F. Clay. Milton Young. Louis des Cognets. J. P. Chinn and Charles F. Grainger, acting as the Racing Commission of Kentucky, be enjoined and restrained from In any wise interfering with plaintiff in managing or conducting its race meeting on its ground, and be enjoined and restrained from taking any steps or proceedings whatever to advertise or to claim that said race meeting now being conducted is illegal or is an outlaw meeting, and from advising owners and others engaged in conducting said meeting that the same is an illegal or outlaw meeting, and from asserting that plaintiff has not the right or that it will not be permitted to further conduct said race meeting, and" orays that the act of the General Assembly creating said commission be declared unconstitutional and void, and for its costs and all just and proper and equitable relief to which the nature of this cause may entitle It."
