view raw text
LIABILITY LAW THE STUMBLING BLOCK. Eastern Racing Situation Dopcndent Upon It Slow Progress in Cases Designed to Test It. New York, .March 21. While the Jockey Club and the various track owners under Its jurisdiction aro confident that racing will be re-established in this state before long, the chief obstacle in the wav of formulating plans for this year is the so-called directors liability law passed at Albany last year. The turf governors have been assured by eminent attorneys that this law will not stand a legal test, but as the court proceedings already instituted are not moving as swiftly as expected there is much doubt as to just when the sport will begin. A civil suit involving the stockholders of the Westchester Racing Association was brought some time ago, but it has remained practically at a standstill for various reasons. The owner of a building in Brooklyn which was raided several months ago is said to have been indicted, charged with violating the liability law, but nobody seems to know when he will be brought to trial. In view of these delays, therefore, it Is hinted that the racing interests may ask the Legislature to repeal the obnoxious law so that they can conduct the usual meetings on the New York tracks. "It is legal to con-duct horse races in this state between April 15 and November 15," said a man closely identified with the Jockey Club yesterday, "and the state racing commission is ready to issue the usual licenses, but with the liability law on the statute books few of the race track directors care to be held criminally responsible for private bets that may be made on their property. When the reformers got busy at Albany they made it clear that they were anxious to kill open bookmaking and gambling, but did not care to abolish the sport of racing itself. They succeeded in stamping out the bookmaking, but they went further and so handicapped the track owners that racing under the present conditions is inadvisable. The Jockey Club is satisfied to go ahead without a change in the auti-bookniaking law provided the directors of racing associations are relieved of the possibility of a criminal charge. "The turf governors believe that with the liability law annulled they can get along on a moderate scale without a return to the organized betting ring. They have been legally advised that individual betting when not carried on as a business is not a violation of the Penal Code or the constitution of the state, yet under the liability law they can be criminally prosecuted If such speculation takes place. "Last year up to the time the tracks closed on September 1 the associations managed to make ends meet without deriving any kind of a revenue from the betting element. The attendance was just large enough to provide money to cover purses, stakes and expenses. A return to these conditons is desired, even though the track owners do not hope for dividends. They have valuable property tied up, and horsemen everywhere are waiting to hear from them. The breeding industry is at a standstill and the market for this seasons yearlings will amount to nothing unless theres some racing in New York State. "It is said that Belmont Park, Aqueduct, Empire City and Saratoga are ready to race the full quota ot dates allowed by law. but under the existing cir-. cumstances the Coney Island and Brooklyn Jockey Clubs are averse to making definite plans. The gentlemen who have invested money in the tracks and breeding establishments do not believe there is justice in a law that makes It possible to arrest and prosecute them for the alleged offences ot patrons of the sport and until they sec their way clear they are not going to run dangerous risks."