THE TURF.

Dominion, Volume 7, Issue 2134, 28 April 1914, Page 3

THE TURF.

TWO RACING APPEALS

PARAWAI' CASE.^..-?^"'./; SISQUiLIFICATION UPHELD.:^' Two important racing appeals sera decided by the New Zealand Kadiig ConT^ enc l iu - Wellington yesterday. 1 hei fti-st was in connection with the well-known "Parawai Case," which has been ejeitiag widespread interest for the past two mouths. It concerned tho appeal by J. Collins, owner of tho horso larawat asaiß&t tho decision of the Auckland District Committee upholding tos decision of tho Rotonm, Jockey Club m disqualfyins tho said horse for the ,ow* - ' Handicap, run on February 11, IJ '*> lot having weighed out lib. short. judges gave their decision 1b the following form!—"We think it desirable to state the facts on which wn determine this appeal. They are :-(a) That the stewards of the Hoteraa Jockey Club faited to properly elect a Judicial ComniiUco iinaer Em« 1, Part V, and that the objection to Parawai being awarded tie race was determined by the stewards- of .the club, (b) That Parawai's weight as adjusted by the handicapper was 7st. 81b.; that the owner of Pftrnwai intentionally weighed out ter the race at 7st. 21b.: and thai; the |o«key of Parairai after tho race weighed mat 7st. 21b. This statement M fact _it not disputed, by tho owner of Parawai. "It is dear that the stewards of the Botorna Jockey Club failed in their duty H.'frt Properly electing a Judicial Comwinec. Bad such a. eotoniittee been elected tho objection in the present case would have been determinable by such committee; and .the decisions and acts of such Jndjcml Committer would-have been deemed tne decisions and acts of the stewards of the Eotarua Jockey Club. Never-tholesj-their failure to elect a Judicial Committee does not in our opinion preclude the stewards of tho ehib from determining the.objection under IJnlo 1 of Part IV and Kale 7 of Part XXXI. The jurisdiction conferred upon a Judicial Committee is a delegated jurisdiction from the i stewards; and the esereiso of that jisrisdiotioft by the Judicial Committee has the effect of a decision of the stewards. Wo think, therefore, that where for any reason the stewards have not delegated to -a Judicial Committee their iurisdiotion to hear disputes tfeir own jurisdiction to hear and determine objections remains. Wc are further of opinion that wo, as the judscs appointed under the rules, have power in this matter, in default of the appointment of a Judicial Committee to make such Order as to ns may seem mote. To hold the -contrary would produce, great absurdities. The reftiMl or failure' of the stewards of. any club to appoint a. judicial committeo at any race meeting would liave the result of leaving no machinery provided for the enforcement of tho rules of racing or for the punishment of corrupt or illegal practices at such meeting. "We are. of opinion that Parawai should in the race in .question have weighed out at "si 31b. We think that the proper, or _ correct, weight of Parawai vras lit. Sib"., lean an apprentice allowance of Sib., under- Essie '3, Part XIX. The horse should, there-fore, have weighed out, and carried rst. 31b. It is admitted that sho only weighed owl, and carried 7st. 21b. Wo think that the allowance of lib. tin' der lute 9 of Part XXIV, can o-aly.bo claimed or allowed whore tho horso' has S-eighed out, and haa carried the proper sr correct weight, and cannot ho claimed »r allov-iod from the prousr or declared irefaht when wcijhing' out. , 'Tor these TCftsons- we aro of opinion that Parawai did not weigh out and- carry , the prooer freight, and was properly dis- ; lualified from -winning the race, a'tid that ' tlio appeal should be, and it is hereby dismissed. We have.determined not to 1 nliow the costs of this aopea.l to tho, i RotorMn Jockey Clnb for the reason that •> the club was in default in ftot eleftting a i judicial committee for the race meeting, ] and for the reason that the clerk of tho j scales should not have passed -the jse- i iey's weight at. 7st. 2lb. as correct, alihough we aro of opinion that Mich passing does not relievo the mruer of the c horse from the responsibility of seeing e ihat his horse carried tho proner -weight ' c 1 nthe race." (Kilned (Cseor?e Clifford, C. t P. Skerrett, J, Q. Duncan, judges. s

CASE OF THE ROVER. JOCKEi* CLUB'S APPEAL. The second judgment delivered concerned what has" been termed "The Haver case." The appf-nl was by the Wanganui Jockey Club against the decision of the ■ ; AYangamii District Committee that the said club be instructed to pay the stakes in the Wcstmero Hurdle Itace, run on Februart 28, 1914, to W. G. Track, nominator of-The Rover, after the expiration of the time limited for an appeal to be lodged with the New Zealand Bating Conference. . The judges said:—"We are of opinion that et the time of the disqualification of A. M. Wright on August 17, 1912, be was the owner of The Rover within the definition of 'owner' in the rules. We think that during the continuance of 6iieh disqualification aiiy horse of which he was the owner the meaning of the i definition at the time of the offence for or in respect of whieh lie was disqualified was committed is not qualified to be eiv I ierede for or start for an.v race. {Rule 3, Part XXXIII.) We are unable to give : any more limited meaning to the ward 'owner' in this rule than the meaning givan to it in the definition clause. . "It was contended that the Wansafiui Jockey Club was not entitled to bring: this appeal; but we ate of opinion that this objection roust be overruled. "We, therefore, affirm tho decision of the Waneanui Joekev Club, and determine tliot the horse The Bover was not qualified to be entered for.or start in the Westraere Hurdle Knee. We make no order as to costs.—(Signed) Georeo Clifford, C, P. Sterett; J, G. Duncan, judges."