THE RACING NOMINATION CASE.

Evening Post, Volume XLV, Issue 33, 9 February 1893, Page 3

THE RACING NOMINATION CASE.

Tho caso of Donald M'Kinnen, of tlio Waikato, settler, v. tlio Stowards of the Wellington Racing Club, a claim for .£SS, boing tho amount of the .stakes in tho Telograpli Handicap run at tho last mooting of tho Club, was argued boforo Ilia Honour Mr. Justieo Richmond thi.s morning. Tlio faots of tho caso will bo frosh in tho minds of our readers. It iiroso from tlio carrying on by tho Post Offieo of a number of nominations, and tho uubsoquont decision of tho Stowards to accept tho.so nominations as if thoy had boun received at tho advertised timo. Rebellion, tho winner of the handicap, was ono of tho horses so nominated. Mr. M'Kinuon'a horso Loch Ness ran hocoikj. Tho caso also governed tho January Handicap, and tho placing of horses 111 other ovonts, a total amount of £'1W being involved. Mr. Georgo Hutchison, who appeared for plaintiff, in oponiug tho caso rotorrod to Nos. 51 to 5-t of tho " Rules of Racing," relying espocially upon 52 and 53, tho former providing that a timo and place for tho entering of horsos must bo advertised, nnd tho second that tho list of entries shall bo closed at such timo, and that no entry shall bo permitted in any caso or on any torms attor that timo. Ho qnoted from tho advertisement in tho Roforoo, tho official calendar, to show that tho entries wero announced to oloso on tho Gth January, tho placo being indicated by tho Secretary's namo, followod by tho addross of tho Club Hotel, Wellington, being apponded. Tho official programme, which stated that all nominations must bo iv tho hands of tho Secretary at tho Club Hotol, Wellington, not lator than 9 p.m. (unless statod to tho contrary) or tho advortisod dates of closing," was also quoted. Mr. Hutchison citod a numbor of cases referred to in " Oliphant on tho Horse." Mr. Bell, who appeared for tho Racing Club, in reply, relied upon rale 131, which was as follows :—"All: — "All protests and objections shall bo determined by tho stowards, whoso decision shall bo final. Such decision shall, however, bo subject to appeal to tho Comniitteoof tho Jockey Club." In this cuse, tho Wellington Racing Club being a " Metropolitan" Club, and thero boing no committee, tho deoision of tho stewards, Mr. Bell argued, was in itself final. Referring to Rule 52, Mr. 801 l called attention to tho interpretation of tto word " advertisement " in Eulo 9, whichreads — " Advertisement means publication in a newspaper," and contended that tho nowspapcr iv this caso was tho Roforoc, whoro no prociso plaeo for tho roceipt of nominations was stated, and lit hold that tho addross after tho Secretary's name appended to tho advertisement thero did not exclude tho Post Offieo, the receipt at which of tho nominations, ho contendod, was sufliciont. Ho quoted a number of cases in support of this view. His Honour indicated that ho would reserve judgment.