Court Upholds Board in Making Rule Changes: Decides in Favor of Ohio Solons; Also Rules in Tax Revenue Suit, Daily Racing Form, 1954-06-07


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Court Upholds Board In Making Rule Changes Decides in Favor of Ohio Solons; Also Rules in Tax Revenue Suit COLUMBUS, Ohio, June 5. Judge Ralph J. Bartlett of the Franklin County Common Pleas Court has ruled on two cases concerning Ohio racing. In one case. Judge Bartlett ruled that the state racing commission was acting within its authority and scope when it enacted new racing rules last January. The rule changes were appealed by racing interests: The Standard Tote Co., Midwest Totalizer Co., Ascot Park Jockey Club, River Downs of Ohio and the Ohio Sports Enterprises, Inc. These groups questioned the authority of the board in limiting tracks to eight races daily nine on Saturdays and holidays, to dictate the specific types and styles of tote machines that tracks must use., to demand financial statements from the individual tracks and to assess the tracks for saliva and urine tests of horses. In one other suit, Jackson Township trustees sought to salvage one-half of the ,000 in tax money from 1953 Beulah Park wagering which the state tax department paid to the village of Grove City. Beulah Park is located in both Grove City and Jackson township. However, since all of the tracks betting areas are in Grove City, Judge Bartlett ruled that the payment of the tax money was correctly made to the village treasury. He added that if Grove City wished, it could share the tax money with Jackson Township althought it was not obligated to do so. Both Jackson Township trustees and the five racing organizations are expected to appeal the verdicts. The Jackson Township trustees were encouraged in their filing of their suit by Franklin County Prosecutor Frank Kearns, who stated that, in his opinion, the township was entitled to one-half of the tax money, derived from wagering at Beulah, paid to the Grove City treasury. Grove City officials .have revealed that they had intended to split the melon with Jackson Township. They altered their .plans when the trustees filed the suit.

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