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DISCOUNTING THE KENTUCKY DECISION", Frankfort, Ky.. September 24. That the Appellate Court of Kentucky will sustain tin; validity of the act of the Kentucky legislature creating tlie racing commission is tin; prediction of one of the most emi-cnt and best-posted constitutional lawyers of Kentucky. With the arguments completed and the ease before the court for final adjudication tin; name of the lawyer must, for obvious reasons. In- withheld. He contends further that the commission lias transcended its authority on a number of occasions, and that the court is not likely to uphold it in all of its rulings and orders. "The commission was created," he declares, "for the -express purpose of raising the standard of thoroughbred horses in the state of Kentucky, and for the further purpose of throwing certain safeguards around the conduct of racing, within the law. conducive to the highest interests of horse breeding in the commonwealth. For example, be states that the commission had a perfect right to determine the number of days that racing may be held in the state during the year and to fix the time and places for holding race meetings. Tile commission, be declares, exceeded its authority when it sought to dictate to owners of tracks the size of purses that the management must provide for the contesting horsemen. Such an order, he contends, was subversive of property rights and took away from the track owners the power to adjust their purses so as to make possible a profitable meeting in many cases. "Again, the commission transcended its authority when it sought to terminate bookmaking on the tracks in Kentucky and to authorize the pari-tuutuel system of wagering, he declares. Kentucky lias statutes on the subject of gaming which are a part of the fundamental law of the commonwealth. No ipse dixit of the lacing commission or of any other ImmI.v created by legislative enactment can alter the fundamental law. The commission could no more legalize Imokmaking or gambling of any sort than it could faro, chuckaluck. dice or betting by the pari-mutucl system. It bad no authority in the matter, and can have- none."
