A RACING APPEAL.

Hokitika Guardian, 5 January 1921, Page 1

A RACING APPEAL.

THE CANTABILE CASE

[by TELEGRAPH—PER PRESS ASSOCIATION]

AUCKLAND, Jan. 3

In the matter of the appeal by A. F. Lawrie, owner of the horse C’antabile, from the decision of the Auckland District Committee, who dismissed the appeal of A. F. Lawrie, from the decision of the committee of the Auckland Racing Club, in disqualifying the horse Cantabile for the Gordon Handicap, run on November 10th, 1920, at the Auckland Racing Clcb’s Spring Meeting, owing to the name of the trainer, W. Olive, being on the Unpaid Forfeit List before and when the race took place, the following is the decision of the judges:— “In investigating this case it has become apparent to the judges that the horse Cymer, owned by AV. Olive, was

never validly nominated at the Otaki race meeting. Part XV' of the Rules of Racing provides that entries must be signed by the owner or his authorised agent. In this instance, the entry was not signed by the owner, whose name was affixed by his agent, nor was it signed by his authorised agent. Therefore, as the nomination was invalid, the owner was not lawfully in the Unpaid Forfeit List. It follows that horses trained by the owner of Cymer are not disqualified in consequence of his name appearing in that list, and that the horse C’antahile is entitled to the stake for the Gordon Handicap, run on November 10th last, and we direct accordingly. While giving this decision, based upon their construction of the rules regulating entries, the judges wish to express their dissatisfaction with the evidence tendered by W. Olivo, trainer, both as to his denial of authorising the entry of Cymer at Otaki, and to the non-receipt of official notices. We therefore direct the Hawke’s Bay District Committee to suspend W. Olivo’s trainer’s license for a period of two months, such suspension to talce effect from the date of the first meeting of such District Committee held after re-

ceipt of this judgment, ft is unnecessary for us to decide the question which has been raised as to the moment when an entry in the Unpaid Forfeit List becomes effective, otherwise we should have relied upon the established custom, and held that the time of entry in the Unpaid Forfeit List in the office of the secretary of the Racing Conference must be regarded as the moment of disqualification or other effect of such entry. As the question proposed to us shows that the Pules of Racing are not sufficiently clear off this point, we suggest some amendment for that purpose at the next meeting of the Racing (inference. (Signed) George Clifford, Hugo Friedlandcr, Erie L. Riddiford, judges.”