RACING APPEAL COMMITTEE.

Otago Witness, Issue 2983, 17 May 1911, Page 66

RACING APPEAL COMMITTEE.

AN IMPORTANT FINDING. WELLINGTON, May 14. \ The following is the judgment of the Racing Appeal Committee on the appeal by the Tolaga Bay Jockey Club against the Uecison of the Hawke's Bay Metropolitan Committee in upholding the appeal lodged by R. Reynolds, the owner of the horse Fashion Plate. The material facts are that Thomas 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 oonstanty 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 their holies, and Atkins says 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 the Tolaga Bay races one of these horses, Fashion Plate, came in first for the Ladies' Bracelet, land n&iother. Awanui, ran third, but its jockey neglected to weigh in. On an objection being raised the Htewafrds disqualified 'Fashion Plate under part XXI. Rules of Racing, for having been trained by an unlicensed trainer. The judgment goes on: —"The appeal against this decision was upheld by the Metropolitan Committee, and tb.e> Tolaga Bay Raing Club in turn lodged the appeal now before us against the reversal of its judgment. Having heard the parties and considered all 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 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 l is conducted from stables in the occupancy of such owner. , In this case we have the facts that (a) Thomas Atkins was superintending the working and feeding of horses for ■re independent owners; (b) two of the "... r;. resided at a considerable distance iicr.i 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 three independent owners; (b) two of the licensed trainers if they can be evaded by any owner or combination of owners engaging any person to act as a stableman at distant stables with general instructions as to his methods. We also regard part XXI, rule 2, as a special warning to _ ownertrainers and others against employing any person to manage their stables who has ridden or trained for hire. Such person should under the rules apply for 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 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. (Signed) George Clifford' (chairman), R. H. Nolan, R. S. Abraham (Napier). May 12, 1911.