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VINDICATION FOR JOCKEY CLUB Federal Judge Pays Compliment to Eastern Racing Organization in Deciding Laurel Case New York Juno 27 The decision rendered by Judge H G Ward in the United States District Court by which tlie Maryland State Fair Association is denied an injunction restraining the Jockey Club and the National Steeplechase and Hunt Association from continuing to exercise jurisdiction over racing interests outside of New York state not only sustains the legal status of Tlie Jockey Club in tlie government of racetrack associations seeking Its sponsorship but finds that it Is not a trust is not engaged in commerce interstate or otherwise and what is even more important that Its influence on racing Is wholesome as to be entitled to the protection of the Federal courts courtsThe The prime movers in the suit for an injunction were Harry D Curley Brown general manager and Gottfried Walbaum one of the principal stock ¬ holders in tlie association associationIt It was alleged by the defendants that tho suit for an injunction against The Jockey Club was be ¬ gun in a spirit of revenge Joseph S Aiicrbach counsel for The Jockey Club in his argument June 4 opposing the application for an injunction char ¬ acterized that body as an organization formed pri ¬ marily to put racing on a firm and stable foundation In this State and incidentally in the Eastern part of the United States following the Guttenberg exposures in 189 that led to the cessation of rac ¬ ing in New Jersey and threatened to put a stop to the si ort In this State as well wellIn In 1911 when tlie Maryland Association cann1 into existence seventeen years after The Jockey Club was organized it made application for a li ¬ cense to conduct a race meeting at Laurel Maryland in October of that year the license was granted the Maryland State Fair Association advertised that the meeting would be held under the rules of The Jockey Club and solicited the attendance of horsemen because of that fact factTlie Tlie Maryland association was glad to have the support of Tlie Jockey Club and was pleased to hold its meeting under the auspices of that organ ¬ ization but the rub came when the Maryland so ¬ ciety was asked to pay the fee of 1 per cent exacted from associations which conduct meets under the supervision of The Jockey Club asserted Mr Aucrbach AucrbachIn In November of that year the secretary of The Jockey Club received a letter from Mr Brown wishing him a happy New Year and assuring him that tlie matter would be attended to promptly but to this day The Jockey Club has received nothing more substantial than Mr Browns greetings As a result tlie Maryland association was suspended and will stand suspended until it automatically re ¬ instates itself by making good the amount due the argument concluded concludedIn In answer to a question by Judge Ward the court was assured by Mr Aucrbach that the Maryland State Fair Association may again enjoy the protection of The Jockey Clubs supervision of Its race meetings by paying the amount It Is in arrears about 700 Under the decision of the court that is tlie only chance tho Maryland State Fair Association has to Obtain sanction from the central governing body bodyThe The bill of complaint charged an illegal com ¬ bination between tho defendants for the purpose of monoplizing tlie business of running races and steeplechases and of preventing racing on other tracks which do not submit to the rules of The Jockey Club and the National Steeplechase and Hunt Association AssociationIn In denying the application for an injunction Judge Ward filed an opinion in which he said saidThe The Jockey Club was organized in 1894 and formed Its rules upon the rules of tlie English Jockey Club Its purpose was to regulate running races and steeplechases in the Eastern part of the United States leaving such races to be regulated in tlio Western part by a similar organization Its rules define what meetings will be recognized by it and provide that no horse trainer or jockey or any one who enters at a meeting not recognized shall be permitted to enter at recognized meetings meetingsThe The court admitted that it was an injury to tho Slato Fair Association If tlie Jockey Club declined to recognize its meetings Consequently this did give the Jockey Club a controlling Influence over racing where Its rules applied Turning however to the specific matter before the coiirt the refusal of the Jockey Club to recognize tlie races to bo held at Laurel Md In October by the Maryland State Fair Association Judge Ward said saidTlie Tlie only reason appearing on the face of tho paiiers for the refusal is tlie fact that the com ¬ plainant has not paid 1 per cent of Its receipts for tlie meeting of October 1912 to The Jockey Club as Its rules require This seems to be a perfectly good reason Tile Jockey Club is iot a corporation for profit and applies all Its receipts in maintaining fair racing and improving tlio breed of horses Even continues Judge Ward If there were i further reason for tho existence of the Jockey Club that is an increase in the gate receipts of associations which submitted to Its rules in wliiili some of the Jockey Club members were peculiarity interested that purpose was not to Injure tlie com ¬ plainants but to benefit those who composed he club The court held that nothing the club did was contrary to statute law lawThen Then considering whether the complainant had any remedy at common law Judge Ward held that even if the common law made such an agreement as demanded by the Jockey Club uncnforcilile as against public policy the common law did not give damages or award an injunction to a third party partyAt At tlie close of the opinion Judge Ward in the following observation paid a tribute to modern racing as conducted under the auspices of the Jockey Club ClubTlie Tlie complainants right must appear clear which it docs not and while tho Jockey Club will not lie pecuniarily injured its usefulness will certainly be diminished if Its Influence in racing be suspended even temporarily
