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BETWEEN RACES BroscA*om GARDEN STATE PARK, Camden, N. J., May 13. — A new era in what might be termed the "government" of American racing may be in the making with the formal proposal of Benjamin Taub, deputy district attorney for the State of New Jersey, assigned, during the racing season, as legal counsel to the racing commission, that states attorneys throughout the nation dealing with racing problems be included in the annual conventions of the NASRC. Such a proposal has a precedent, for in previous conventions, the racing chemists have met at the same time and place as the commissioners, and have issued a report to the commissioners before the close of each convention. "A yearly conference of state deputy attorneys, who are councel for their respective racing commissions, would be, in my opinion, worth while," explains "aub, "and it might lead to a faster national unification or codification of rules if such were the most desirable objective in racing." We peprsonnaly can see no harm and possibly much good emerging from a meeting of legal minds who have racing as their particular problem along with the state racing commissioners and the chemists, especially now that racing is governed almost absolutely by state laws, and every ruling of a racing commission is subject to a legal check by the states attorney, and, as a final arbiter, the courts. AAA Racing is old, but the advent of the state racing commission is comparatively new, and the NASRC was founded only about 20 years ago. Within less than a generation, the power of granting or withholding a livelihood on a race track has passed from The Jockey Club and/or association and its stewards into the hands of the state, although the association does retain a somewhat negative control, as for instance, the privilege of granting or deny- Turfs Legal Aspects in Jersey Spotlight Propose Meeting of State Racing Lawyers States Have Assumed Most of Ruling Power Boards Must Guaranty Integrity of Sport ing stall space. In a few states, like New York, the enclosure has been held to be private property, and undesirables can be ejected at the will of the association, but in California and many other states, nobody can be put off without due cause, cause which will stand the test of the courts, at that. That the legal side of racing is becoming one of paramount importance in racing may be seen by the fact that last year New York assigned a deputy states attorney full time to racing matters, and Taub, in New Jersey, gives it his full time during the racing season, or for 150 days a year. We understand the full time, or at least near full time deputies, are necessary because the revenue involved to the state is great and the state wishes to protect that revenue, and that without legal advice available readily, the ends of justice often are thwarted through the mere fact of a long period of delay. AAA Racing laws do not change very often, except perhaps in the matter of percentage of the take accruing to the State, but there is a vast ana often uncharted legal field which perhaps will not be clarified for at least another 20 to 30 years. This circumstance is occasioned by the fact that many of the powers of a racing commission are implied. It is at once a quasi-judicial, executive, prosecuting and deliberative body. Some of the powers of the racing commissions have been upheld by the courts, in the case of the rule, for instance, holding a trainer responsible for the condition of his horse, regardless of the acts of third parties, by the United States Supreme Court. It refused to review the Sandstrom case in California, which in effect upheld the highest California tribunal. The powers of the racing commission in California at the moment have been quietly challenged by Hollywood Park as to its authority to determine the size of the purses, and, while lawyers for the HBPA insist the board has this power, Hollywood is not so sure, and Bill O Conner, deputy states attorney in California, recently advised the board not to press the point until further study had been made. Obviously, the implied powers of a commission are determinted by the courts if a determination must be made. In any event, Taubs proposal for a meeting of legal minds from the various racing states is before the executive committee of the NASRC and a decision will be announced shortly. AAA Like it or not, the old days of racing, when a steward said a man was set down and meant it, are gone. Suspensions are now referred to the racing commission for final disposition in case the suspension lasts for a period of time. Powers of stewards have been sharply limited in such matters. A good attorney, versed in the knowledge of technical racing, has become one of the most important figures on the turf of today. That goes for both those representing the commission and the association, ana tnose representing the HBPA or inamauai licensees. Incidentally, while the Boston convention of the NASRC is not scheduled until next month, here in Jersey, the commission is already laying plans for the 1954 conclave, which will definitely be held during the Garden State spring meeting. No locale has been established, but our guess is that it will be Atlantic City. Jersey commissioners, William V. Griffin and Th»mas A. Brogan, to- Continued on Page Thirty-Six | ; ! ; i : I BETWEEN RACES By OSCAR OTIS Continued from Page Forty-Eight gether with chairman Hugh L. Mehorter. are working out the details, which will be presented to the NASRC members in the New England session. AAA Taub tells us that in New Jersey, each case of rules infraction bearing on the granting or withholding of a license is judged on its own merits, which sounds and is reasonable enough and a policy which no doubt serves the ends of justice. But Taub goes even further when he adds, "There. are some people who just dont belong in racing, and Jersey takes a dim view of their being licensed." As a matter of fact, there are several former licensees "on the outside of the enclosure" at the moment who are annoyed with the situation, but the commission is standing adamant. Jersey also has refused a license to a trainer with a long series of "incidents" on his record, even though he is in good standing in some other states. Taub also makes it clear that the privilege to race is one granted by the state, and like any other license in New Jersey, its granting entails certain obligations on the part of the licensee and which distinguishes a licensed person from one engaged in what might be termed ordinary business endeavor or job. Just as an attorney can be disbarred for unethical conduct even though no technical crime or even misdemeanor, in the broad sense, has been committed, so can a licensee be banished from racing, even though no ordinary civil laws have been violated. Racing commis-l sions are in the position of having to guar- antee the integrity of the sport to the public, and have broad discretionary pow-i ers to make that guaranty effective.
