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PROCLIVITY CASE TO COURT Trainers "Woody" Fitzgerald and T. J. Carroll Secure Writ for Hear-ing Before California Court. SACRAMENTO, Calif., April 21. The famous "Proclivity Case" is to be reviewed by the courts. Dal M. Lemmen, judge of the Superior Court here, late yesterday, granted a writ of certioral to trainers "Woody" Fitzgerald and Thos. J. Carroll, who were suspended as a result of the alleged doping of the horse at Santa Anita last January 1. The writ orders that the parties concerned shall appear before the court next Tuesday, April 27. Subpoenas have been served on chairman Carleton Burke, of the California Horse Racing Board, and commissioner Mc-Naughton, of Los Angeles, and Roth, of San Francisco. Deputy attorney-general Bayard Rhone has been assigned to represent the racing board. SEEK AMENDMENTS. The action is the result of efforts on the part of trainer Carroll to be absolved of the alleged charge of doping the horse and restored to good standing on the turf. Trainer Fitzgerald desires that the charges against him be "annulled," so that his record will be cleared. As his case now stands, Fitzgerald appears on the record as having been suspended for doping Proclivity and then being reinstated. But there is said to be a ruling to the effect that any trainer who becomes involved in such a case for a second time shall be ruled off the turf for life, without recourse. It is, therefore, desirable that the original charges and suspension against Fitzgerald be annulled, rather than that he merely stand "reinstated." The trainers claim that the case was mishandled by the racing board, and that evidence before the assembly investigating committee revealed that the chemist who made the saliva test was unable to positively identify the alkaloid he allegedly found. The trainers were not granted a proper hearing before the racing board, they complain, and, consequently, were deprived of their lawful rights.
