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. I I I I i j ANALYSIS Of RULES OF RACING CONTEXT, SPIRIT, INTENT AND REASONS FOR LAWS VITAL IN GOVERNMENT OF THE GREAT SPORT UNDERSTOOD BY FEW OWNERS OR TRAINERS By W, S. VOSBURGH There is no subject so little understood by the average Ameiitaa racing man as the Utiles of Racing, nor do they seem to have any ambition to learn them. Even men who own horses, and trainers, are quite indifferent mi the subject. As a rule, the average owner whose horse is disquaUffed for an infraction of the rules finds some grounds for dissenting. Indeed. I know many owners who have suffered from an enforcement of the Rutea of Racing to cherish a grievance. Whereas, if they read and understood the rules they would perceive their fairne— . At time- tin-re has developed in American racing a disposition to deviate from the spirit of the law. and to consider only expediency a disposition to avoid taking an unpleasant stand which the enforcement of the rules demand. In other words, to do what i- popular rather then what is proper. If this spirit were to prevail we might as well abandon all rule-, for the popularity of an official action is measured by its ability to help men win their bet-. The Rules of Rncing are based on the common law. Sir Henry Hawkins, the eminent English bar-rteter, drifted the code on which the rules of the different I SI lag, club- throughout the world are more or less modeled. The rules are revised from year to year to meet the requirements of prevailing condition-. It i- my purpo-e to review the rah- -o far a- relates to changes which have been made within the past lifty years, with such explanations as -eem required. THE KULES RELATING TO ENGAGEMENTS. The rule iii regard to engagements has often been disputed. The claim has been made that engage mints should follow the horse. I.ut tinder the rules an engagement is the property of the subscriber, nil -le-- he transfers it. and the transfer is registered with the written acknowledgment of both parties see Kali lug. Thus, if a man buys a horse out of a selling race he cannot start him for an engagement made previous to the sale, unless the former owner transfers his right to the engagement. To allow in gagements to follow the hor-e irrespective of ownership of the engagement would enable unscrupulous persons buying horses out of selling races to repudiate responsibility for such engagements a- did not plea-e them, and the forfeit- would never lie paid: whereas, retention of the engagement by the sub acriber renders more probable the collection of the subscription. DECLARATIONS TO WIN. "198. A: owner running two or more horse- in a race may declare to win with one of them, and such declaration mu-t be made nt the time of weighing out. and j- to be immediately pasted on the Notice Hoard. A jockey riding a horse with which hi- owner ha- not declared to win must on no account stop such horse except in favor of the Stable Ct mpunion on whose behalf declaration to win has been made." Tlii- rule wa- not incorporated m the Rules of Racing until 1889. it grew out of Mr. .1. R. Keenes having Spendthrift held in order to allow hi- other colt. Dun Spurting, win tin- Wither- Stakes of 1s7!t. and aroused a great public clamor, as Spendthrift was many pounds the better call and had been a heavily-becked winter favorite. Then wa- a great deal of ante-post betting in those days; the public had backed Spendthrift and felt that he should have been allowed to win. Hut an owner mu-t be allow.il some right-. Hence the adoption of the rule, the intent of which i-that if an owner has two or more bamts in a race and the inferior one is good enough to win. it enables him to keep the penalty of extra weight off hi- hor-e in future race- by winning with the inferior one. The late August Belmont had Glenelg held to allow his stable companion. Fenian, win the Belmont Stakes of 1MB. In England in 1868 the late Sir Joseph llawlev declared to win the Derby witli cither Rosi-crucinn or Green sleeves in preference to Blue Gown, but the latter won. When a home has valuable engagements ahead, racing policy demand- that he -hall u-e all proper mean- to avoid penalties. FOUL RIDING— CROSSING— JOSTLING. It sometimes happens thai whin a jockey find- hi- horse beaten he will make a strong Inish, bring his hor-e up next to the rail- where there i- plainly not enough room for him to go through, and he i-compelled to pull up. This i- evident!] done upon which to lodge a claim of foul riding again-t the hor-e which defeated him. In such a CUUC his claim is not only untenable, but lie deserve- punishment. It i- a favorite trick of SSSne jockey-. They know tliat 1 hi re will always be enough backer- of the hor-e who will gather around the stewards stand and applaud his claim, thu- giving him moral support. lie has rushed hi- hone up where there wa- not in. ugh r i to go through, then pulls the lior-es head up to give the appearance of his hor-e having been fouled. Iossibly his horse was fouled, out it wa- due to his effort t.i go up where there was not enough room to pa — . There i- no incident of a race more vexation- to official- than this. Many observers will declare the hor-e wa- actually fouled, but a- many more will deny it. The rule No. 158 i- clear. It read-: "A leading hor-e is entitled to any purl of the course, but when there is a clear opening to pui — him he shall not impede another hor-e by Crossing SO as ot compel him to -horten hi- stride." The word- "clear opening" are significant. In England the rule requires a horse to he two dear lengths ahead before he can cross another hor-e. FOUL RIDING— DISQUALIFICATION— "FIRST PAST THE POST." In maes of foul riding it ha- often been suggested that Instead of disqualifying the horse the jockej be suspended. I have heard that m obedience to public feeling -ueh is the custom at Havana. To merely suspend the jockey and not to disqualify a horse for foul riding really reduces the result of a race to "first past the post." Xow. "first past the peat" ha- always been considered by the lawmakers of racing as an invitation to rascality. In England the rule No. :H of the Rules on Betting of the Committee of Tatter-all- reads: "Xo betting Brst past the post will be recognized by this committee." In such a case a horses winning the -take- and bet- could be made a certainty by his fouling every hor-e in the race, and hi- jockey alone would be punished. He was only the tool, but the owner who gave him instruction- would not only escape scot-free he would receive hotn the stake- and the bet-, and would be betting on a "-ure thing." To punish tin- jockey and not disqualify the horse i- like punishing a burglar bj merely confiscating hi- tool-. GUARANTEED STAKES— NO HORSE PLACED— DISPOSITION OF MONEY. At the Aqueduct meeting. September 38, 1»18. The condition- of the Gleueove Stakes: "Selling, for three year- old. By subscription of 822 each. Starters to pay . •_:.". additional. Guaranteed cash value ,000, of which MI to impand, 82M to third." Two hor-e- started". There being no third hor-e. the clerk of the course submitted the question of the disposition of the third money to the stewards, win. decided: That, inasmuch as it was a guaranteed sweepstakes, it differed from a -weep-take- to which I -tated -urn of money was added; that the club having guaranteed to supply any deficiency arising from the total amount of the -uh-oription. the third money was, therefore, lot "a separate donation." as con templated bj paragraph J of Rule 135 of Racing, but became part of the -take- and. therefore, should he credited to the owner of the winner. Tlie above case mark- the difference between a race of guaranteed value and one to which money i-added"" by the club. Had ;t been a race to which the club added money the money for third place would be retained by the club, a- provided by paragraph - of Rule 125: "125. Any money or prize which by the conditions is to go to the hor-e place second, or in any lower place in the race. -hall, if the winner have walked over, or no hor-e ha- been so placed, be dealt with as follow-. "II If part of the -take it shall go to the winner: or "2 If a SI pal Sit donation from the association or any other SOUTH, it shall not be given at all. or "iMl If entrance money for the race, it shall go to the association." WALKOVER— CLAIM OF MAIDEN ALLOWANCE. At Morris Park. October 8, Hits. Mr Nun."- allies, hlaskette and Affliction, were the only starters for the Matron stake-, all other- scratched. Maskette Bnisbed Brst, with Affliction, of course, second. Two days liter Mr. Keene -tailed AfiMction for a sweepstnkes. cluiminc i maiden allowance, which wns granted. Xo protest wa- made before the race. .in. I a- -he could do no better than lini-h -econd. no objection wa- lodged after the race lo her receiving second money. Il would -eem a- if the claim of a maiden allowance for Affliction should not have been granted. Rule Lii of Racing reads: A walkover i- when two hor-e- in entirely different Interests do not run for a race." Xow. the race for the Matron stake- had been otliciaiiv returned a- a walkover. Consequently Affliction wa- not entitled lo a maiden allowance in He race of October 11. for Rule -.i of Racing read-: •Winning -hall include dividing, walking over or receiving forfeit." Only half the added money for the Matron wa- paid, which recognized it a- a walkover, and Affliction had not received the SI. Olio second money. Both of these incidents established the event a- a walkover for the purpose of the rule-. ..!o For the Jockej lob Stake- at Iblmont Park, September 1.".. HUH. Mr. Hildreth named both Purchase and Thunderclap a- -tarter- all tin- other horses wen- scratched before the hour set for the race, ami at the la-t moment Mr. Hildreth scratched Thunderclap ami Purchase walked over. Had Thunderclap started he would have bee a liable for a penality in any future race iii which he stnrted. SHORT OF WEIGHT— STABLE COMPANION NOT DISQUALIFIED. At the Saratoga meeting of is7i Sue Ryan Bnisbed Brst for tie- Kentucky stake-. Joe Daniel- second, Alarm third. Cut Mcllnni.l- owned loo Daniel- and Hubbard, but Hubbard returned to scale short of weight. Mr. Hunter, ow in-r of Alarm, Objected to Joe Daniel- being placed -econd mi Hie ground that Joe Daniel- .mil Hubbard were started in the same intere-t Col. McDuniels. The objection wa- overruled. Mr. Hunter referred the case to Admiral Rous, who confirmed the decision. There wa- not at that time. nor i- there now. any rub of the racing code by which a horse can he disqualified from the fact that another horse -tailing in the same intere-t i- -hurt of weight. In the ease of foul riding it i- different, a- then all horses in the -; Interest ere disqualified see Rule 158. Note The above case differs from thai of Afflietioa quoted above in that, while in each case two hor-e- were racing in the -ami- Interest, the Affliction rase waa a walkover in which she was an equal winner with Ma-kefte. In the case of Joe Daniel- and Hubbard it wa- not a walkover it wa- a race Hubbard, had he Obtained a place and pa— ed the scale, would have been entitled to any money offered which Affliction could not. a- she and Maskette win- within the contemplation of the rub-, the -ami- as Continued on second page. ANALYSIS OF RULES Of RACING Continued from fir-t page. on.- horse. Had Hubbard fouled another horse in the race. Joe Daniels would have been liable to disqualification, and therein the difference between the two cases exist-. DISMOUNTING WITHOUT PERMISSION. Previous to MSB if a jockey di-mounted after a race without lirst asking pe-rmis-ion of the judges. his horse was dtsqasllBed. In October. 188.".. at Jen me Park, the fillv Ron Soir won a race ami her jockey dismounted without permission. The Tilly was dfoqaaliSed, but it wa- mii-Ii a hard-hip for both , her owner and backers that the following season the rule ejrga .unendeel a* eliminating the penalty of disqualification. To piini-h innocent ] pie for a blunder on the part of a jockey wa- t lra-tii . Moreover, the old rule rendered fraud possible, a- it enabled the owner ST hi- Joe Bay to lay against the horse ■ in the betting and win their beta by the jockey dismounting without permission giving the excuse of over-ight. The revi-ed rule of 1888, now in force, merely -ay- the horse MAX be disqualified, but learei it to the discretion of the steward- to act according to the cir iiiii-tancc-. FOUL RIDING— WINNER DISQUALIFIED BUT PLACED SECOND. At L.iionia -.mo rears since Mr. II aggin- Mark coll Hidalgo finished firs! foe the Latoaia Cup. The ■ jockey of Irish Pat. which lini-hed sec I lodged a claim of foul riding against Hidalgo, which was -u-- tained. HMahro wa- di-qiialitiod ;i- winner, but wa- placed -croud, and Irish Pat adjudged the winner. Then was a third bsroa in the race Which under the cue uin-tane e— . would be mo,el up t" -ee.uid place. But no Hidalgo wa- awarded Reread place and received -icon I money. There i- no power, legal or no.ral. to place a horse that is disqualified for an infract ion of racing : rule-. The placing of hor-c- belong- FXCiashrel? to the placing judge-. A disqualified horse h.i- no standing. He 1- out of the race— as offender ,,f the law and o.innot be awarded a place or a -hare in the stakes To award linn a place i- like compounding a felony that i- the theory of the common law. What would be thought of the judge of a court WHO, in tin- case of a man convicted of having -tolen good- allowed him I" retain a portion of hi- plunder - SELLING RACE— LIABILITY TO BE SOLD. At the Saratoga sieetlag of r.iis aft,., -1 selling race under what i- popnlailj known .1- "Preach condition-" 11 c. horses to be rlataaed BEFORE tie- race. Mr. Kilmer- heme Ceramic ran second and was , claimed AI-TKR the race Mr. Kilmer objected on I lie ground tiiat the conditions stated that a horse ,. must be chinned before the race, and asked that the hone be returned to hi- -table. Mr. Kilmer- objection wa- denied oa the ground that while no mcition of the liability of a horse to lie claimed after - the race could be found in its condition-, the Rule- of Racing are Rule 172A read: "Brery horse running in a -eiling race ataj be clamed bj .my cm after the race feci his earned price, pin- the value at I the race be the w inner." The above doci-ion wa- baaed oil Rub- 1*01 id Ra- ing: The Rub- of Racing -iipire e-do the- conditioner i" a race-, or regulation- of a mooting, when Hoy eoaBict." This Mr. Kilmer had probably overlooked. It will readily be -eon that t 1- capable ot Imposing a hardship upon an owaer. Rut he. or his agent, are Mipposed to read the rules Just as a military officer i- opposed to reael the order book of his regiment. HORSE DISQUALIFIED FOR NOT CARRYING WEIGHT FROM PADDOCK TO POST. A -imilar rase of an owner suffering a lee-, awing to hi- not baring read the- Rule- ot Racing eeeiurreil il at the Aepiedu. I June Ml ill lag of 1848. A lill named Lauretta Hw.wr wa- text liable and. u| Iw-ilig E inoiiiieei tri.-.i to nu-.-ai bet |s«*ej Hhe i»,ame- -.. i..l«-ii t iluii I tic Jarkej w*a allasred J»j the trataer r l.e eii-liieeuiit. anil Hie- III wa- bd ileal I all I he St lo the -I ii liny po-. She; wa- lir-t in the race-, but n forthwith was ili-e|iialihe,l. I lore wa- a great ilea I eel di--ati-faeije.il over the- dec i-ieeii. but Rub- 111 ..I d Racing read- All hoi - - -hall parade and. iincbr penalty of di-e|iial ilie a 1 1..11. -hall CUITJ tlic-ir v cml: le it I fieini tin- leaehhee k to the -tailing post. The mo- wa- poieuiiitoi : the BR] wa- guilty ot an itilr.ic I MM B of the rule, and there wa? uu olhcr couisc but Uisyualilkuticjij.
