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APPEAL TO SUPREME COURT CONSTITUTIONALITY OF KENTUCKY STATE RACING COMMISSION ATTACKED. Dsugma Park Jockey Cub Defeated in Kentucky Courts Is Complainant — Trouble Res-wit of Cor.i- ir.i-.sions Rule Regarding Minimum Turses. Washington, D. .. March 2T.— -The eeastttution- ;ilit.v of the Kentucky state Baring Commission act h attack d Is .! brief received in the Supreme Court I Ueeaaj •. whh li will be filed formally in support of a motion to be submitted later for aa injunction to reatraia the enforcement of the act. The Douglas Parts Jockey club of LounrriBe, which was defeated in the Kentucky Courts hi its efforts to bold up the operatJoa of the net. is the complainant and asserts that innm-dinte action is de-airabfc . because it ni:iy be compelled either to give an tli" May meeting or pat up potraea, involving 8 : *» — il l» loaa of 1,000. in the brief, signed bjr Iota Brjrce Baskia, 11 is aaserted that "the effect of the rule complained of i- t require purses offered by plaintiff ia error to be not less than $ 00 each; arhile paraea given by the Lexington Aaaociatioa need not ew • ■! I M rack. The difference on icveu racea .1 day amount to ,400; and at ;t race meeting of fifteen days that difference may be |21 000. "Unless ;i temporary injunction or restraining order is i- 1 1! plaintiff i:i error u ill be comm lied ■ itiior to quit bu tineas until this cane ia decided i:: this court or to pay the 00 paraea. If the ul • of the Baring Coauaiaaloa i- a 1:1 t be raid, no part of the purses can be recovered bach aad the loss of plaintiff ia error win be final and complete. Asrerts Loss of Plaintiff to B3 Considerable. "The raeea are hi M ia May. The Kentacky Poart of Appeals decided the cane oa Pebruary ts. 1017, and th- plaiatitf in error, by the advice of its din.vl. 1 1 .-1 ilefcrrcd the making of contract for Ho meeting ia May hoping thai aa injunction may be obtained from this court restraining the en forcement of t ie rjjle. complained of. The ai.-i davit of , nnsei filed herewith showing that fact. As the race meetiag- i ccur twice ■ year, it will be aeen that the loss of the plaintiff in error will l»" very considerable, if this Court reverses the case, unless ■ temporary injunction i- Issued." It is pointed out that the raciag commhmioa act gives the owners of the track at owner-, of horses the poorer to fi aad give paraea, aad this power is not in the racial! commission. It is also .---v rted thai the powi :• to ie paraea cannot he delegated to the commix ion and that the art i-void became i, is discriminatory. The State I oorl In - eon. .trued the act, holding that its purpose is to "footer the industry of breeding thoroughbred horses in the state." says the brief. "Any police regulation, tin ref re, must have for its object th parpoae of foateriag that Industry. It retards rather than f patera the industry to gtre Sifiu parses at Lexiagtoa and 00 at Louisville. The larger the purses at all tracks t te greater the inducement to breed horses."
