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Jockey R. Merritt Wins Case for Reinstatement Board Rules License Should Be Issued July 17 on Application Continued from Page One Merritt, but indicated they felt a two-year punishment sufficient. The official statement of the reviewers follows: "The joint session of the New York State Racing Commission and two stewards of The Jockey Club, which is authorized by subdivision 2 of section 7512 of the Unconsolidated Laws of New York to hear applications from persons who have been refused licenses by The Jockey Club in whose hands are the licensing functions and other processes of a disciplinary nature* has completed Its hearings on the applications of Robert Mer- jritt for jockey licenses for the years 1943 and 1944. "The Joint Session had previously dealt i with the matter of an application for a jockey license for the year 1943, but on I appeal by Robert Merritt to the State I Courts the Appellate Division of the Supreme Court, first department, has directed that a hearing in accordance with ; its order dated March 10, 1944, be given j to the applicant. "In the meanwhile. Merritt had filed his application with The Jockey Club for a jockey license for the year 1944. The j stewards of The Jockey Club took no ac- j tion thereon because of the pendency of j : this appeal and the attendant legal pro- ceedings and other reasons and that sit- j uation, in the intendment of the statute, constituted technically a refusal to issue such a license. Therefore, Merritt also filed an appeal to the Joint Session with respect to a 1944 license. "The Joint Session has held hearings on the two applications of Robert Merritt 1 in the public hearing rooms in the State Office Building, New York City, on the nights of April 18, 19 and 20. 1944. At the request of the applicant the appeSl on the license for 1944 was consolidated with the 1943 proceeding. Witnesses and documentary evidence were presented by counsel for the applicant and The Jockey Club and full opportunity was given to both to freely cross-examine each others witnesses. Upwards of 14 hours were devoted to this hearing and applicants counsel expressed himself as fully satisfied with the opportunity given to him to present the applicants case. The hearings were held at night to accommodate the witnesses, most of whom were occupied during the day at the Jamaica track. "After hearing the evidence and the oral arguments of counsel the Joint Session of the New York State Racing Commission and two stewards of the Jockey Club has determined that the stewards of The Jockey Club, for the purpose of maintaining a proper control over race meetings, properly exercised their discretion in refusing to issue a jockeys license to Robert Merritt for the year 1943. "With respect to the license for 1944, the Joint Session also has come to the conclusion that the refusal of the stewards of The Jockey Club to issue such a license was proper at that time because of the hearing pending on the 1943 application; but, in view of the fact that Merritt has been punished by not being permitted to ride on the New York tracks since July 17, 1942, the Joint Session has decided I that a jockey license be issued to Robert 1 Merritt effective July 17, 1944, upon his making due application to The Jockey j Club therefor. "By this determination final action in this matter has been taken by the Joint Session."
