view raw text
INVALIDATING ENTRY RULE Revision Urged Where Owners Death is the Cause. Earning Ability or Horse Lessened by Ineligibility to Rich Feature Races. New York, December 12. Much has been said and written on the subject of entries of horses in stakes becoming invalid upon the death of an owner. It is an old-established rule that governs such cases so old that it is now antiquated and in the opinion of many horsemen, one that should he revised. The only justifiable reason for the rule, as it stands, is to avoid complications, as no one becomes responsible for forfeits against horses after the death of an owner. This induces owners to register a joint partnership in horses entered iu stakes, by giving or selling to other members of their families a small percentage in horses that are stake possibilities. This is necessary to protect themselves in case of death. This is done in the larger stables, and, in itself is proof that there is something wrong in the rule. By the deaths of Schuyler L. Parsons and Oscar Lewischn. the entries of their horses in several stakes have become invalid, thereby decreasing the value of the property. This condition exists because they did not provide for such a contingency by taking a partner, or declaring one or more of their relatives as shareholders in their horses. In the case of Mr. Parsons, it was his delay in registration that interfered with the eligibility of his horses in stakes for which they had been entered prior to his death. It was his intention to register his son, Schuyler L. Parsons, Jr., as part owner of his horses, but no to the time of his death he failed to do so. Had such a registration been recorded, not. only would it have enhanced the value of Ills splendid band of young horses, but It would have made them eligible to enter into the classes where thev belong. In some of the foreign countries like Gerniav, France and Australia, tlie rule has been greatlv modified, but it still exists both here and in England. As. the rule stands here, the nartner is. responsible. By revising the rule so the "subsequent mirchaser of a horse assumes responsibility for its engagements, if he wishes to do s r if not, allow him to declare the horse out of all stakes in which it is entered, the value of the horse would not be decreased and the estate of the deceased would not suiter. HARDSHIP OF PRESENT RULE SHOWN. The hardship of the present rule is illustrated in the case of Basselas. a horse that won a i-ace at Bath. England, nearly a century ago. After the victory, it was discovered its nominator had died the dav previous to the running. This was in the vear 1829, and immediately after the race, the owner of the second horse, Listou, put in a claim for the stake which was subsequently allowed, but all bets on Basselas were ordered paid. Admiral Rous, the recognized English authority on racing questions, did not agree with the ruling in either instance, the two decisions not being consistent, as English rules or betting declare that all wagers on a race shall go with the stake excepting in cases where bookmakers settle on the first past the post principle which is customary on some English tracks. On these grounds Admiral Rous had reason to disagree, but the English Jockey Club bv living up to its rule of disqualifying the horse, caused the estate to lose the stake and the horse became ineligible for all future events for which it was entered. This is one of many cases in which the rule relating to the death of an owner figures. Prince Batthvaiiv owned the celebrated horse St. Simon as a vearling. There was no contingent ownership registered, and the result was that St. Simon was denied the privilege of contesting in any of the great English stakes for which he was entered. St. Simon was never beaten in any race, yet, through his not. having met the best horses of ills day his stud fee in his early years was a molest one, though he turned out to be a successful sire. These instances demonstrate the hardship of Lie rule, and urge a revision that will not destroy Lie earning ability of a horse, even should its owner fail to register a partnership. Fortunately all the horses belonging to the late Schuvlor L. Parsons will be eligible to a majority of tlie rich stakes to be run both here and in Kentucky, which are yet to close. Mr. AVharton. executor of the estate, has made entries iu all stakes of recent closing. The only important events in which the stable will be invalid, is the Futurity of next vear. and possibly one other fixture. But it is by h luckv circumstance that the horses of the Parsons estate will not suffer as much from the rule as would have been the case had the late steward of the Jockey Club been stricken in the spring of the vear, after all the rich stakes had closed.
