CANTERBURY DOINGS.

Otago Witness, Issue 1922, 28 September 1888, Page 24

CANTERBURY DOINGS.

By " RATA."

The most important sporting event in Canterbury last week was the magistrate's judgment in the case of Williams v. CampbelL Doubtless that judgment is right in accordance with law — it was given by the senior magistrate of Christchurch, — but it is contrary to general anticipation and contrary to the requirements of the New Zealand turf, and it is obvious that the law on the subject requires amendment. I discussed the matter with a steward of the Plumpton meeting a week prior to the publication of the magistrate's judgment, and that steward was confident that stewards of race meetings were liable for the disbursement of stake money, provided they were properly appointed stewards, and he spoke of a case in which stake money, had been recovered of a steward in the North Island. Ido not know whether that case actually went into court— and in the event of its not having done so it cannot form a precedent, — but it was one in the personal experience of my informant, and his strongest argument against his liability as a steward lay in the faafc that he was not properly appointed. He acted as a steward, however, ' and the manner of his appointment was immaterial according to the evidence adduced in court. The matter, when looked at broadly, admits of strong argument on either side, and perhaps the legal judgment is perfectly just in the particular case of Plumpton ; the stewards of that meeting would have been more prejudicially affected by a disbursement of stake money than owners of winners would be benefited by receipt of their horses' winnings, but the existing law is contrary to present-day requirements. Mr Beetham's judgment has apparently been based mainly on certain rules of the C.J.C., copied from the original Newmarket rules of racing. These rules contain a clause stating that all races are sweepstakes, and at the time they were framed all important races were sweepstakes in reality ; owners made the stakes, but at a meeting like Plumpton, or any meeting in New Zealand for that matter, the stakes are mostly made up of added money, and in that case owners ought to have some guarantee of a club's solvency beyond that club's treasurer. A treasurer and stakeholder are not similar officers in the rules of racing ; a treasurer is the cashier of an incorporated body, subject to the ruling of that body, while a stakeholder is the holder of certain public money, subject in apportionment to an official interpretation of a recognised code of rules. There is no doubt, whatever, that when races were mainly confined to sweepstakes a stakeholder was responsible for these sweepstakes at the claim of his appointers, but they were never at any time the property of a club ; they were public money. A treasurer, on the other hand, acts under the authority of his club ; a racing club is an institution conducted on business principles, and it is unreasonable to suppose that a treasurer is really responsible for the liabilities of that club. Mr Beetham has deckled that the stewards of a race meeting have no control of the funds of a racing club or of the stakes to be run for at a race meeting, and that judgment must be accepted as, legally correct ; it therefore appears evident that the official programmes of minor clubs ought to contain the names of the members of these clubs as a guarantee of solvency, or that such solvency ought to be otherwise substantiated to metropolitan clubs prior to the passing of programmes. Racing has undergone a change, and many of the older rules are subservient to decrees more recently enacted. Yet it appears that racing clubs in New Zealand are subject to legal control through the totalisator, beyond the jurisdiction of metropolitan clubs, and that control ought to obviate tiEfe possibility of non-payment of stake money. A racing club has to apply to the Colonial Secretary for a totalisator permit, and that Minister in turn applies to a magistrate of the district for the bona fides of the club making such application. Mr Bell applied to the Colonial Seoretas?,

enclosing the names of several stewards and the name of a treasurer, and that application was refused. , Some time afterwards he made a second application, giving the names of several stewards, but no treasurer ; on that occasion he received a permit, and the question arises : On whose authority? On magisterial authority, certainly, doubtless influenced by the list of stewards. No inquiry was made into the matter, and if stewards be irresponsible, why hand in their names to the Colonial Secretary, or take any legal notice of their responsibility? It is obvious that there is something wrong in the working of the totalisator — it leads to a division of authority. Why have it under magisterial control at all ? A magistrate cannot possibly know what a club is so well as the committee of the metropolitan club of the district. And why send in the names of several stewards on an application for a permit? It is now evident that stewards as stewards only have no control over the totalisator ; it constitutes the principal revenue of a club. Three days are allowed for the lodgment of a notice of appeal, and up till Saturday morning Mi- Williams had not lodged such a notice, and perhaps the case has finally ended. It is apparent, however, that the rules of racing want revision and addition, and it is equally, evident that totalisator permits ought to be subject to metropolitan club approval. Had the magistrate^ judgment been reversed there is no doubt the stewards of Plumpton would have been harshly treated, but the judgment is a bad precedent, as the rules stand now. It is beyond doubt that the stewards of small meetings in a majority of instances are supposed to bo club members, and it is equally beyond doubt that stewards hare hitherto been considered liable for stake money. Oases like Flumpton are very rare* and the plaintiff's solicitor could find but one precedent ; in England such cases rarely go into court. I recollect a somewhat similar case in the vicinity of LoDdon some eight years ago, and I fancy it was eventually decided by the stewards of the jockey club. The circumstances of that case could easily be discovered in back files of the Sportsman or Sporting Life, however, and they would be worth looking up. Carbine's departure to Australia is very unlikely to affect the November meeting here greatly. He is such a clinking horse that he would frighten away all opposition for tlie Derby, and probably he would also have started a warm favourite for the New Zealand Cup ; he was greatly fancied for that race at Riccarton. Bob Derrett accompanies Mr O'Brien, aud should Carbine remain well New Zealand will produce a combination at Flemington in November that will want a bit of doing. Volley has beer beaten at Sydney, however, and Carbine's owner is not likely to get any more profitable betting; backing the colt now for the V.R.C. Derby would be like buying money, and a shrewd turfite rarely cares for that game. Yet should Carbine win the great Victorian three-year-old race the trip cannot fail to be profitable. The stakes are worth over £1200 now, and doubtless the betting has not been reported fully : I never knew it to be so in the case of a stable commission. Taking Derrett over will be all in favour of Carbine's chance; he will have the services of a first-class horseman who knows him and can be depended upon. Carbine is a very lazy horse, too, and one that want's a lot of riding. During the last day or two there has been some talk of the Hon. W. Robinson going over, but I should hardly think that is correct ; his horses do not appear good enough for really first-class , company. Doubtless they will pay in New Zealand, but I should think they would fail to do so when opposed to the Australian "cracks." Now Carbine is eliminated and Sommeil has been beaten, Chain Shot or Exchange ought to have a good look-in for the Derby. Manton appears to me to be a better colt than either, but he is very heavy in the fan, and his action is not particularly good. He Is not in anything like the condition of R. Bay's horses either, aud Butler will not have any time to spare in winding him up. He is a good colt, undoubtedly, better than either.of R. Ray's pair, provided he strips fit, yet Chain Shot is a horse with an immense stride and plenty of power that has never performed publicly, and it is impossible to gauge his calibre beyond his looks. He is not so good looking as Sommeil, but he is very much bigger, and size is always something with classic weights in the saddle. No doubt Exchange will be the Hon. W. Robinson's Cup candidate should he remain in New Zealand ; he has a long pull over Chain Shot in the weights, but I fancy Chain Shot will be the Derby nag. Son-of-a-Gun in that stable is .also in the Derby, but he is supposed to be no good over a mile* and a-half. Cutts has three left in — viz., Chudleigh, Parvula, and St. Malo, and none of the trio are good. Should the race be retained here, it ought to go to Manton or Ray's best, but neither of these is likely to prohibit even a representative of Cutts'. Chudleigh has been on tbe shelf for some time, and he was only put into work recently, and Parvula is considerably behind first-class, as is also St. Malo; yet any of the trio might run into a place. With Carbine in it was a one-horse race, with perhaps three in opposition running for second and third money. Carbine has gone to Australia to-day (Monday), and Chudleigh and Manton journeyed up to Hawke's Bay on Saturday, and their running in the Guineas at that fixture ought to supply a line to their present form. Of the New Zealand Cup candidates Lorraine is going splendidly, and if Cutts can bring him to the post fit and well the New Zealand Cup is a moral. Bringing him fit and well to the post, however, will be a difficulty. One of his pasterns is bad, and it is usually the winding up gallops of a preparation that find out the weak spot in a pastern. Yet he is in admirable hands, and he is not likely to be subjected to unnecessary overstraining. Perhaps time will be insufficient to allow of a thorough preparation in orthodox style, but five weeks is long enough to put sufficient condition on Lorraine to win the New Zealand Cup provided he stands. He is undoubtedly a rattling good horse, and now Carbine has gone he has no equal at Riccarton. Ido not think I have ever seen a handicap that Lorraine, in thorough condition, could not win under 7st ; not even Buchanan's Lincolnshire Handicap, Quicklime's City and Suburban, or Foxhall's Cesarewitch ; he is a clinker in himself, and were he a sound horse he would be known to be so. Mr Webb is slipping the work into Springston now, and he is undoubtedly a game little horse that will stay every inch of the journey. He is one of the few that can travel the last furlong of a two-mile course just as well as he can the second. Still, Springston is no more than a second-rater, and both pink, Lorraine would fairly smother him at a concession of 91b. Artillery's running at Geraldine will give some" indication of his true form, and I believe he will journey there ; but undoubtedly Manton (6.10) is a better horse than Artillery (7.9), though I do not think that Manton is anything like fit yet. He has a nasty habit of throwing out his fore legs, and spreading them wide, too, and that, together with his heavy top, engenders an impression of awkward motion, and any racing man would immediately pronounce him. a bad actioned horse, but he can. get over the ground right enough nevertheless. I look upon Manton as the best two-year-old of last season bar Carbine. Ruby has improved in consequence of a lengthy spell. He had im-

proved in looks, bat he cannot stay, and 41b is insufficient to bring him on a level with Springston over a two-mile course. Springston will certainly be Mr Webb's trusted candidate. Next to Lorraine, St. Clair is Cutts' best horse, but I do" not think that either St. Clair or Springston has a show, arid British Lion is a worse horse than St. Clair. He has very high front action, and gallops slovenly, and though these eyesores may not affect quality greatly in a really good one, British Lion is slow, and St. Malo in the same stable can have no chance of success in such a field ; at 61b St. Olair, in the same ownership, would lose him over the New Zealand Cup course ; 131b separates Chain Shot and Exchange, and at that concession Exchange ought certainly to prove the better : he is a well made horse, and big enough to carry 6st, and apparently his recent ailment will not materially affect his preparation. Engagement and Son-of-a-Gun are both in good fettle for the season — indeed, both are in racing fettle now — and neither will run badly at the November meeting on the score of condition. Engagement appears to be a sound mare, but she never looks well somehow, she reminds me of La Rose in her coat, and I do not think she will ever be a brilliant racer, she is short in top too, and high on the leg. Ido not believe Son-of-a-Gun is so bad as he is represented to be, but neither do I think he is a stayer, and it wants one with a bit of stamina to- win the New Zealand Cup. Vandal is not a bad little horse, but he will be outclassed I fancy. The two-year-old racing at the November meeting ought to be very interesting. There are three or four good youngsters at Riccarton, and of these I fancy Merrie England is the best, though Dunkeld is coming on wonderfully. Alsace is also a good filly, and Chelsea, though small, is considerably above mediocrity. Mason has a couple of good youngsters at Yaldhurst in Scots' Grey and Milord, but I have seen neither recently ; yet I should not be surprised should Scots' Grey prove one of the best two-year-olds of the season. Milord (Merrie England was sold privately) was the only colt sold at the annual sale of the Middle Park yearlings, and though he is small, perhaps his owner made no mistake in the selection. There are five of the Middle Park youngsters now exercised at Riccarton, and they are all better than the ordinary run of two-year-olds, though none of them on public running may come up to the standard of Milord and Merrie En land. Total Eclipse is not a bad colt at all, and if Milord be only a pony, as he is represented to be, Total Eclipse may run him close on the turf, but Total Eclipse will never be the equal of Merrie England. I do not think that either of Mr Webb's two-year-olds will be in condition by November j both are growing very rapidly, and presumably they will be kept till later on in the season. Indeed, Enchanter is not likely to be trained as a two-year-old; Leinster, in Butler's stable, on the other hand, has done a lot of work lately, but he comes out of a morning bandaged on the fore legs, and that, together with perceptible lameness on one occasion, is not a favourable augury of soundness. Adulation is now in strong work, and she is undoubtedly a speedy mare, but a spell of inactivity does not appear to have improved her temper, and she will never be a reliable filly. Repose, in the same stable, is going uncommonly well, and though she will never be the equal of Sommiel, as Sommiel was as a two-year-old, she ought to pay her way, and perhaps she will prove better than her sister Sierra, in Mason's stable. I saw the latter being hacked about recently, and she makes a superb hack, too. As a matter of fact, nothing equals a thoroughbred for haoking purposes, or even light harness work. Tarantalus, now trained at Riccarton, seems to be improving, and I believe he has never been in condition hitherto. Wednesday evening. M'Guinneso has returned to Mr O'Brien's stable, and during the absence of that trainer in Australia his team will be in charge of M'G-uinness. Bar Dunkeld he has nothing particularly good to work upon, but he may succeed in netting a race or two ere Mr O'Brien returns. There is no doubb that everybody connected with Carbine is very confident of the colfc's success in the V.lt 0. Derby, and it appears that there are several other weight-for-age races that Carbine can be entered for afterhis arrival in Victoria. No doubt his departure was a pleasiug event to several owners on this side, and his absence cannot possibly act prejudicially against any particular event at the November meeting, except, perhaps, the Canterbury Cup. The rivalry of Carbine and Maxim in that eventat weight for age would have proved most interesting from a purely sporting point of view. Yet it is perhaps doubtful whether they would have opposed each other had Carbine remained here. The Derby is now very open. Sommeil has recently been beaten, and Chudleigh has been sent up to oppose Manton ia the Guineas at Hawke's Bay, but his intentions with regard to Manton were not known, before Chudleigh's departure, or the latter might 'have remained at home. Still Mantod is not anything like the colt that Carbine is ; and, had Butler looked upon him as a particularly good thiDg for the Derby, it is reasonable to suppose that he would not have allowed bis preparation to be interfered with by a journey to Hawke's Bay. He is certainly backward even for the season, and though that is unlikely to stop him in tbe field he will meet up North, the journey will necessarily act prejudicially against an acquirement of condition. Perhaps his owner thinkß the one race is a cerfcaioty and the other is not so, and doubtless that is a correct solution of the situation. The Derby is an open race on the handicap published'on Tuesday. Ghudleigh can have no show with Manton at level weights, and I do not believe that Cutts' representative could make Manton gallop in his present condition. Even Ohudleigh cannot be very fit. Since writing of the Plumptod. case I have learned that the first application for a totalisator permit was made by Mr Taylor, and that the second application was made by Mr Bell four months later on. I have seen the list of stewards submitted to the Colonial Seoretary on each occasion, and no very great dissimilarity is noticeable, but it is evident that the services of the stewards on the second occasion were only requisite in ( obtaining the totalieator permit. Bejond the first meeting anybody could act as a steward. Sultan has hurt his near fore leg, and at the time of writing he is lame. That is unfortunate for his connections. The Qeraldine Cup was little short of a moral for him on his recent doings on the training track. There is no change to chronicle in the betting quotations. It would need an exceptionally energetic man to make a book now according to rule. A trotting meeting was held at New Brighton on Tuesday, and for once in a way a disqualification was recorded. Gipsy's Warning and her owner were suspended for three months. Lunatic won the last race after running second in a previous race, and he is one of the best trotters in these parts.