view raw text
INTERESTING LITIGATION CASE OF DOUGLAS PARK VERSUS THE KENTUCKY STATE RACING COMMISSION HEARD. Judge Kirby Takes the Matter Under Advisement and Will Rendor a Decision Expected an Appeal to the Supreme Court Will Follow. Judge Samuel B. Kirby. of Louisville, has undr advisement the case of the Douglas Park Jockev Club against the Kentucky State Racing Commission seeking to enjoin the state body from enforcing its rule of a minimum of 00 purses for all races on tiie Louisville and Latonia tracks. The arguments in the case were made Wednesdav and Judge Kirby is expected to hand down a decision 111 a few days, after which it is presumed the case will go to tiie state supreme court. While the suit was hailed as "friendly" litigation, designed to question the authority of the state racing commission to dictate the manner of distribution of purses, there are evidences of considerable dissatisfaction upon the part of the Douglas Park Club officials. Mr. Hachmcistcr contends, to begin with, that it would benefit tiie turf more to offer handsome purses for high-class horses and smaller ones for inferior horses than to make an ironclad rule of purses in all races. He protests against being forced to nay cheaper horses the same amount of money that is hung up for horses like Dodge and Hodge. Judge John P. Shelby, of Lexington, and Fred torch t, of Louisville, represented the state racing commission in the proceedings in court. The Douglas Park Jockey Club was represented bv attorney Harvey Myers, president of the Latonia Jockev Club, and the Louisville law firm of Baskin Vaughn. " Mr. Myers made the opening argument in which he laid stress on the wording of the act of the Kentucky legislature creating the Kentucky State Racing Commission, in which it states that "the. commission shall be empowered to make all necessary rules, regulations and conditions for governing racing in Kentucky." His argument wan to the effect that the act states nothing regarding giving the commission the power to fix the amount of purse money that must be given away by any track. Judge Shelby, who with Col. John R. Allen drafted the original rules of the Kentucky State Racing Commission, dwelt upon the fact that tho-word "conditions" takes in the purse values as well as the weights, distances and ages of tiie horses which are to run in the various races, and attorney Fred Forchts argument was along the same lines. Botli stated that if it was within the power.,of the racing commission to regulate everything else about the Kentucky race tracks, it certainly is within their power to fix the minimum purse values. Botli attorney Myers and Baskin contended, however, that the action of the racing commission was invalid because it allows Lexington to give 1916.sh00 purses, and the only difference between liexington. Louisville and Latonia is its geographical location. The rule of the racing commission reads that only race tracks in cities within a radius of ten miles, of a city of the population of 200.000 or over must give purses, and this exempts Lexington. An effort was made to hurry the case through the lower court when attorneys for both sides agreed to have Judge Kirby grant the injunction and then dissolve it, and their plan then was to take it to the Court of Appeals immediately, but the judge refused to countenance such a proposal, and decided to pass on the case himself on its merits. After the case was disposed of general manager John Hachmeister, of Douglas Park and Latonia race tracks, explained the position of the former in the case at issue. "Douglas Park gets tiie worst of the racing dates in the spring," said Mr, Hachmeister. "as it does not get to run until after the Churchill Downs meeting is over, and as the same arrangement is made every spring it appears to me as though our track is discriminated against in the matter of dates, just as much as Lexington is discriminated against in the way of population, as it is alleged by the attorneys for the racing commission. If Douglas. Park can get a whack at the opening dates in the spring occasionally instead of Churchill Downs getting the opening every year, we are willing to give the purse money required by the Kentucky State Racing Commission, and we will be only too glad to give it. Our position, however, is that we do not earn tlio money with the dates given us, and consequently we cannot give it away in purses." Mr. Hachmeister has gone to St. Louis to visit his sister.
