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COMMISSION REFUSES TO CHANGE ILLINOIS DATES - a Overrules Sportsmans Park Objection to 1936 Schedule of Dates Attorney Samuel Markman Granted Writ of Certiorari By Superior Court Commissioner Spitz Examines Transcript and Concurs in Decision of Associates Attorney Samuel Markman, representing the National Jockey Club, owner of the Sportsmans Park race track, Cicero, Illinois, was granted a writ of Certiorari returnable April 16, at 10 A. M. by Superior Court Judge Joseph J. Kelly, late yesterday afternoon. The books of the Illinois Racing Commission, and the papers and evidence submitted in the date schedule objection hearings by the National Jockey Club, will be reviewed by the court at that time. The Illinois Racing Commission announced Thursday that it had overruled the objection of the National Jockey Club, operator of Sportsmans Park, to the 1936 date schedule and that the dates will stand as published. In a lengthy statement the commission gave its reason for denying the plea of Cicero track owners for at least twenty-four racing days instead of the eighteen allotted to it. Immediately after the decision of the commission was made known, attorney Samuel Markman, of the firm of Markman, Donovan and Sullivan, which represented Sportsmans Park at the three hearings before the commission, prepared to apply to the Superior Court for a writ of certiorari, attorney Markman stating that he would have the papers ready for the court before 5 oclock. Comissioner Leo Spitz was unable to attend any of the hearings on the proposed date change, but after examining a trans-script of the evidence submitted, concurred in the decision of chairman Peter B. Carey and Walter C. Peacock, to allow the schedule to stand as announced. Col. Robert S. Eddy, Jr., one of the owners of Exposition Park, Aurora, stated after hearing the decision that Aurora had gone right ahead with its plans, feeling sure that the commission would make no change. The complete ruling of the Illinois Racing Commission follows: STATE OF ILLINOIS? COUNTY OF COOKj ss HEARING BEFORE THE ILLINOIS RACING COMMISSION. IN RE Objections filed by the National Jockey Club, Inc., to schedule of allotment of dates. ORDER This matter coming on to be heard upon the written objections filed on March 23, 1936, by the National Jockey Club, Inc. Sportsmans Park race track, to the allotment of racing dates for 1936 theretofore made by the Illinois Racing Commission, and the commission, after full hearings on March 26, 1936; March 30, 1936, and April 6, 1936, of evidence, statements and arguments produced on behalf of the National Joskey Club, Inc., and others, finds: 1. That the schedule of allotment of racing dates for the racing year 1936 heretofore made and published by the Illinois Racing Commission, after giving full consideration to all factors involved and the interests of Continued on second page. COMMISSION REFUSES TO CHANGE ILLINOIS DATES Continued from first page. respective applicants, and the public is fair, just and practical, and in accordance with the laws of the state of Illinois. 2. That Sportsmans Park race track, operated by the National Jockey Club, Inc., is a half mile race track not adaptable to the better class of thoroughbred horse racing and that owners of the better grade of thoroughbred horses do not race at half mile race tracks, that all other race tracks who have been allotted dates by the Illinois Racing Commission operated mile to mile and one-eighth race tracks. 3. That Sportsmans Park race track possesses a grandstand having seating capacity of 2,100 persons and a total, including the clubhouse, seating of 3,167, as compared to the other five race tracks who have been allotted dates, each having a total seating capacity of 7,400 to 23,000 persons. 4. That Sportsmans Park race track proposed schedule of purses to be given in 1936 includes only one single purse of ,200 and one single purse of ,000 and other purses of 00, 00 and 00; that it gives no purses for stake races. 5. That Arlington Park race track, Washington Park race track, Hawthorne race track and Lincoln Fields race track are known as major tracks and give purses of not less than ,000 and several stake races ranging from ,000 to 5,000, with higher standard of admission charges and catering to the highest class of thoroughbred horse racing in the United States; that Aurora race track is a mile course with about the same distribution of purses as Sportsmans Park race track with one special Derby race carrying a purse of 2,000. 6. That the said four major tracks furnish to the public the highest class of thoroughbred racingand higher standard of accommodations for the public. 7. That Arlington Park race track and Washington Park race track use and operate an electric totalizator throughout their mu-tuel department for the satisfaction and protection of their patrons. 8. That the interests of the public are best served by the said allotment of dates heretofore made by the Illinois Racing Commission full consideration having been given to the interests of all respective applicants and all factors involved. It is therefore ordered that the objections filed by the National Jockey Club, Inc., on March 23, 1936, be and the same are hereby overruled, and the schedule of the allotment of racing dates heretofore made by the Illinois Racing Commission for the year 1936 be and remain unchanged. Illinois Racing Commission, By PETER B. CAREY, Chairman and Commissioner. By WALTER C. PEACOCK, Commissioner. The undersigned, having been unable to attend in person the hearings above described but having read and fully considered the transcript and record of said proceedings, does hereby concur in the above order and decision. By LEO SPITZ, Commissioner. Copy April 9, 1936,