RACING APPEAL CASE.

Grey River Argus, 15 May 1911, Page 6

RACING APPEAL CASE.

(Per Press Association.)

WELLINGTON, May 14,

The following is the judgment of the Racing Appeal Committee dn the,' appeal 'by the Tologa Bay Jockey Club against the decision .of the Hawke's i>.ay Metropolitan Committee in upholding- the appeal lodged 'by Rr. Reynolds, owner of the horse Fashion Plajte in that the said horse was not trained iby unlicensed trainJed. The material facts are as follows : Thomas Atkins who had at' one time been a licensed [jockey was under engagement to three owners to look .after their horses while ibeing prepared for the Tologa Bay races. The horses were all stabled at private stable of one of the owners, and Atkins received payment from them jointly, but did not provide feed. One of the owners appears^ to .have .been constantly in communication with Atkkis, and the other two only occasionally. All three claim to have instructed Atkins as to the work given to the horses and At- ' kins thait he was engaged as stableman and not as trainer in each case. In the entry form the, owner is given as the trainer. At Tologa Bay races one of these horses "Fashion Plate" came in first for the Ladies Bracelet and another "Awanui" ran third, but its jockey neglected to weigh in. On objection the stewards disqualified Fashion Plate under Part XXL, Rules of Racing, for having ibeen trained by an unlicensed trainer. An appeal against this decision was upheld by the Metropolitan Committee, and •the Tologa Bay Racng C3ub in turn lodged the appeal now before committee against reversal of its judgment. Having heard the parties and considered all circumstances we are of the opinion that Thomas Atkins must be regarded as the trainer of three horses under his -charge, and that therefore his neglect to take out a trainer's license involved disqualification of the horses trained 'by him. We consider that the right of an owner to strain his own horses without a license must be considered rigidly as applying to cases where such training is personally supervised and is conducted from- stables in occupancy of such owner. In this we have the facts that (,a) Thomas Atkin was superintending the working and feeding of horses for three independent owners. (<b) Two of the owners resided at considerable distance from the stable, (c) Thomas Atkins had ibeen a -licensed jockey and worker in training stables. Hence we cannot .resist the conviction that his professional experence was the main reason for the gathering together of. the horses under his care. We are further confirmed in our opinion by obvious inutility of restrictions as to licensed trainers . if they can be evaded by any owner or combination of owners engaging any person to act as stableman at distant stables with general instructions as to his methods. We also regard Part Rule 2, as a special warning to owners, trainers, and others against employing to' manage their staibles any person who has ridden or trained for hire such person should under the Rules apply for license. We therefore uphold the appeal of Tologa Bay Jockey Club and confirm th"c disqualification of the horse Fashion Plate for the Ladies Bracelet under Part XXVII. , Rule 3. The owner of Prestonpans now adjudged the winner is only entitled to the prize offered for first horse as the second prize was not part of. the stake but .a separate donation from the race fund. We direct that all deposits be refunded. (Sg-d.) George "Clifford (chairman j, R. H. Nolan, R. 3. Abraham, Napier, 12th May, 1911".

Chucked away his dummy, Squirmed and screamed and squirmed again. Frightened his poor Mummy. • Till nt last she could endure. Baby's cries and screams no more, Gave him Woods' Great Peppermint Cure Soothed his little "tummy.