Racing Gossip., Daily Racing Form, 1896-08-04


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RACING GOSSIP Whatever the corner of this and thatism Thais about the Gillette decision on the famous and so called Roby Robby racing case comes up one thing is certain Mr Gillette is a wise and astute lawyer His ruling on last Fridays in ¬ junction case was strictly in line Superficially silly as the McCabo McCabe decision was it set up a legal goal A Supreme Court decision usually is one There are many bad goals of such high class Eacing Acing has always suffered from legal superficiality Few courts consider that some 50000 people earn their daily bread about thor ¬ oughbred outbreed race tracks and that a million or more good citizens are deeply interested in the daily doings of the tools of such tracks The same legal wisdom is too narrow for the consideration of an interest the financial scope of which is ten millions of dollars per annum It does not know either of the large class of turfmen Turkmen who race their horses as an honest lawyer serves his clients and a groceryman grocery of repute supplies his customers without chancetaking cabinetmaking and simply as an industry of these days This is the turfs fault It should make a case bread enough and get lawyers deep enough to parade all the facts Then a racing case might have a chance in any court courtPersonally controversially Personally I believe that the Indiana race track folks could with the proper legal advo ado j cates castes and tune have won a case in the courts had they made this kind of a declaration in a simple and straightforward way We are in a combine The Sellers law doesnt doesn't prohibit one We are living strictly within its lines The law may be bad Thats Hats Indianas Indianans business Such as it is we are obeying What are you going to do about it There has been altogether too much pettifoggery pettifogger and shabby technicality about the advocacy in racing cases The tracks and their lawyers should take higher ground go broadly against the lottery and gambling angles with which American legal records abound and push a test case of respectability by reason of its advocates to the United States Supreme Court Such advocates should be men like Benjamin F Harrison or Judge Hoadloy Hardly men who would discuss an American racing case to the verge of legal authority in Great Britian Britain Australia France Germany Italy and Austria A parade of foreign rulings on racing would of itself earn the respect of an American jurist of the proper calibre caliber But as the sport goes theres Theresa too much slapdashery slapdash in and around it to secure respect It will get betteras betters it gets more elderly A decade will see the turf in its ownjplace downplayed a high and noble one

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