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COLONEL CLAY THINKS LAW WILL STAND. Veteran Breeders Reasons for Believing That the Kentucky Racing Commission Is Secure. Lexington. K.v., April :;. — Colonel K. F. CIa . master of the itunuv mode Stud, vice-chairman ol the State Racing Commission and one of the oldest breeders of thoroughbred boraea in Kentucky, is can tldeiit that the forthcoming decision of the Court of Appeals will be to the favor of the State Racing Commission; that it will be so pronouncedly so as to settle for all time doubt and controversy over the onstitutionality of the law under which it was created and that following this decision will come ltetter management of the racing grounds in thin state as a result of co-operation rather than an lagnnisin from certain of the track owners. "Many Of the best lawyers and ju ist* in the siati- an- of the opinion that the law under which our commission was created is a constitutional act." said Colonel Clay. "those learned judges, Lurton Seviicus and Cochran, sitting in the United States Circuit Court of Appeals at Cincinnati in 1906, were of tbe same opinion when they decided the case brought against lis by the Douglas Tark Jockcj club. We won that case and we will win this one. Judge Harbesou holds that the creation of the com mission was through lass legislation and is therefore unconstitutional. He went outside of the record for a point ii |ion which to hand that decision. He took this point on the ground of official information as he bad a perfect right to do. but it happens that his oltic -ial information was misinformation. He contends that there is no material difference in the conduct, management and rubs governing trotting and running races and that in exempting the former from the control of tie- commission the legists I ur created class legislation. Then- is so wide a differ eiiee in the conduct and rules covering Hie I wo branches of the sport that a commission of men versed in matters of the running turf would not be competes to make rules and regulations for trotting Hacks, la his decision Judge Harbesou further de dares that here at l xington trotting meetings are held over the same track used for the running nun ings. If my recollection serves me correctly, there was a trotting meeting over the running track about thirty live years ago as a matter of necessity, but I have not heard of one since that time and I am quit-sure there never has been one since. The prepara Hon of a track for trotting races differs widely from Ihe conditioning of the fooling for runners. W" will show all of this in the oral argument before the Court of Appeals. t •bnp 1 Clay is of the opinion that Ihe track own eta here and at Louisville will be agreeably sur prised at Hie result of their meetings under the pal -i-imitiicis this spring. "I know thai the handbooks take a lot of money from the tracks i ml that the associations canned under such conditions make as much as formerly," said he. •hut the figures of last year are not a criterion. There was then a stringency of money that kept thousands of dollar* out of the sport. Mark what I say. it will be better this year. There are good times ahead for the turf n Kentucky and elsewhere when tin- period of wnuuUug and unrest is at an end. Mv advice to hor: onicu and racing folks generallv is to emit kicking, g i together, keep cool hands, dispose of problem* int -lligeiitly. abide your time and be satistie.1 a trn -i little less than you have Im-ou used to until conditions will bring yon more."
