RULES OF RACING.

Oamaru Mail, Volume XXXIX, Issue 10766, 15 May 1911, Page 2

RULES OF RACING.

A HORSE DISQUALIFIED. (Per Press Association".) Wellington,. May 14. The following is the judgment of the Racing Appeal Committee in the appeal by the Tolaga Bay Jockey Club against the decision of the Hawke's Bay Metropolitan Committee in upholding the appeal lodged by R. Reynolds, owner of the horse Fashion Plate, in that the said horse was trained by a„n unlicensed trainer. The material facts are as follows: Thos. Atkins, who had at one time been a licensed jockey, was under engagement to three owners to look after their horses while being prepared for the Tolaga Bay races. The horses were all stabled at the 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 Atkins, and the other two only occasionally. All three claim to have instructed Atkins as to the work to be given to the horses, and Atkins said that he was engaged as stableman and not as trainer in each case. In the entry form the owner is given, as the trainer. At Tolaga 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," states the Committee's judgment, "the stewards disqualified Fashion Plate under part 21, rule .2, of the rules of racing for having been trained by an unlicensed trainer, and an. appeal against this decision was upheld by the •Metropolitan Committee, and the Tolaga Bay Racing Club in turn lodged the appeal now before us against a reversal of its judgment. Having heard the parties and considered all the circumstances, we are of opinion that Thomas Atkins must be regarded as the trainer of the three horses under his charge, and that therefore his neglect to take out a trainer's license involves the disqualification of the horses trained by him. We consider that the right of an owner to train 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 the occupancy of such owner. In this we hare the facts that (a) Thomas Atkins was superintending the working and feeding of Jhe"Tiorses for three independent owners; (b) two of the owners resided at a considerable distance from the stable; (c) Thomas Atkins had been a licensed jockey and a worker in a training stable, hence we cannot resist the conviction that his professional experience was the main reason for the gathering together of the horses under his care. We are further confirmed in. our opinion by the obvious inutility of the restrictions as to licensed trainer 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 21 of rule 2 as a special warning to owners, trainers, and others against employing to manage their stables- any person who has ridden or trained for hire. Such person should, under the rules, apply for a license. We, therefore, .uphold the appeal of the Tolaga Bay Jockey Club, and confirm the disqualification'of the horse Fashion Plate for the Ladies' Bracelet. Under part 27, rule 3, the owner of Preston Pans now adjudged the winner, is only entitled to the prize offered for the first horse, as the second prize was not part of tho stake, but a separate donation from the race fund. We direct that all deposits bo refunded. —(Signed) George Clifford (chairman), R. H. Nolan, R. S. Abraham, Napier, 12th May, 1911."