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Smith Attorneys Appeal Case Before New York High Court ALBANY, N. Y., June 3.— Attorneys for Tom Smith, veteran trainer for Mrs. Elizabeth Arden Grahams Maine Chance Farm, today asked the Court of Appeals for permission to argue the case before the high court. The motion seeks to reverse an Appellate Division decision which upheld the New York Jockey Clubs one year suspension of Smith for permitting ephedrine to be administered to Magnific Duel just before the horse won a race at Jamaica on November 1, last. Smiths counsel based the appeal on the following contentions: 1 — That the Appellate Division had erred in affirming revocation of Smiths license as a trainer on one ground when he had been charged and heard by a statutory joint board on another. 2 — That the lower court had erred in assuming without expressly passing on the validity of the Rules of Racing in view of Article 4, Section 8 of the State Constitu- tion, which holds a trainer responsible for his horses at all times. 3 — That the court had erred in holding up a petitioner-sought review of the order banning him from tracks as well. 4 — That the questions presented for review are of public interest. 5 — That the allowance of this appeal is required in the interests of substantial justice.
