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Court Upholds California Board in Puente Case Had Right to Deny Permit for New Track, Superior Judge Mosk Rules LOS ANGELES, Calif., May 26.— The California Horse Racing Board acted within its jurisdiction when it denied a permit to the Southern California Jockey Club, Inc., to construct and operate a new thoroughbred horse racing plant at Puente, Superior Judge Stanley Mosk ruled yesterday. The decision came as a result of the action brought by the organization to force the granting of a permit by legal order after the petition for such a permit had been turned down by a split decision of the Horse Racing Board last September.. Loyd Wright, chairman of the Racing Board, had voted to grant the permit but was outvoted by his fellow members, Dwight Murphy and Nion Tucker. The court action was based on the contention that amendments to the Horse Racing Act, adopted in 1941, had rendered the act unconstitutional in that they failed to set up a standard for guidance of the board in its determination of whether or not the construction and operation of a race track is "in the public interest." The petitioners also claimed that the board had denied the permit without sufficient evidence to support its conclusions. After the denial of the application by the racing board, the turf organization sought redress from the State Supreme Court which rejected the plea, ruling that the action must first be taken through the lower court. In accordance with this decision, action was started in the Los Angeles County Superior Court and Judge Mosk took the case under advisement last March after a brief hearing. At the time of the court hearing, attorneys for the turf club had stated that they would carry the matter to the highest state and federal tribunals should the decision go against them.
