The " Colonel" Disqualifiction Case.

Manawatu Herald, Volume III, Issue III, 20 June 1890, Page 2

The " Colonel" Disqualifiction Case.

» BOBEBT HIGGIE v. E. B. MOBGAN > AND MACDONALD. At the Resident Magistrate's Court yesterday, the above case, a claim for stake money (20 soys) said to have been won by the plaintiff's horse Colonel at the Turakina Races, came on for hearing, Mr Hogg for the plaintiff and Mr Watt for the defendants. — Mr Hogg, opening his case, stated thi* was a c'aim for the stakes (20 soys) won by the horse Colonel at the Turakina Race 3. It appeared that the Colonel came in first in the Maiden Race, bat a protest was entered by the Stewards against the plaintiff, who entered his appeal and lodged the same. Robert Higgie was called and gave evidence of the facts of the case, and (stated that the matter had been referred to the Wanganui Jockey Club, who had considered t'^e matter and decided in his (plaintiffs) favour. — The Court here adjourned for lunch. Upon resuming after lunch Mr Jackson was called, and in reply to Mr Watt said he had had a large experience in racing matters. Did not consider that the Turakina Club could made a special rule as to maiden horses, whether they be winners of a flat or hurdle race. If a race was drawn up as a " maiden race," and exc'uded a certain class of maidens, the programme would not have been passed, although th* club bad done so in this case, thinking it would be an ordinary maiden rase. In reply to Mr Hogg. A horse caled Ahauhad won heveral flat and hurdle races, but he would be still considered a maiden steeplechaser. Mr Higgie, re-called : No ob jection had been made to his horse entering. Mr Henry, the handi' capper, was present and did not make any objection. This closed the case. Mr Watt : The defence proper of this case was that the contract was one in writing. The competitors nominated in writing and competed for the prize. It could not be shown that the maiden race was anything else but what is meant by a race open to all maiden horses which have woo an advertised race. He submitted that if the Colonel had won an advertised race prior to this one in question, then he would have been debarred from this race. His Worship*. The rue Baid " hack and hunter racfs excepted." Mr Watt :"My contention is that the restriction was made to exclude certain horses liable to spoil competition. Mr Hogg : With all respect to the Court I maintain that your Worship will not be able to exp aiu the meaning of the rule. Bat the docision ot the Jockey Club in racing matters should of course be accepted as final. After the evidonce of the Secretary of the Turakina Jockey Club had been taken, Mr Watt addressed the. Bench and Mr Hogg replied, citing soveral cases in support of his case. Tfie following morning his Worship gave judgement with respect to the non suit poir-t rais«d, he held that the defendants wore the stakeholders. The main point was as t ; i whether the quest iou at issue was one iuvolving interpretation of rules. The race was advertised aone for Maiden horses " that had never won an advertised race," which amounted to a definition by the Turakina Club. Rule 2 said the rules «f the W. J. C. would be strictly adhered to, and Rue 4 of ; the W. J. C. defined a Maiden. It : appeared ;o him that the Turakina Club had made a rule at variance '. with the W. J. C. rules, and they i had to decide whether the Turakina < Jockey Clv • rules clashed with those i of the Wanganui Jockey Club, and , 1 if so, which was to prevail. H« did < not think it neaeaaarr for him to go « farther and say whether in his op* 1

aion the Metropolitan Club was jght or wrong in its decision. Rule 31 said their decision was to be %\y olutely final, and he would leave heirdoaision as it stood. Judge* nent for plaintiff with costs 445, ,nd solicitor's fee 21s.