Athletics.

Taranaki Daily News, Volume XLVI, Issue 278, 28 November 1904, Page 2

Athletics.

(Per Pros* Association), WELLINGTON, Nov. 27, The Wellington Amateur Athletic Club held a sports meeting on the Basin Reserve yesterday. Tho weather was perfect and tho attendance good. Mrs Soddon presented the club's cross-country Challenge Cup to tho winner (P. Ross). Interest ill the sprint events was diminished through the non-appearance of L. 11. B. Webster, the New Plymouth crack. M. M. lioseingrave, the Irish champion juniper and hurdler and New Zealand and Australian oxchampion, re-nppeared on the track after a three years' absence. P. W. 11. Uoodbehere won both the intercollege events and holds the Blundel Cliallengo Cup. In his present (orm he is good enough for championship events. Results 100 \ards Junior Handicap.— J J. Naglo, 2yds, 1. Time, 10 l-ssoc. Half-mile Handicap,—\V. It, Carey, 40,\ds, 1. Time, 2min 2 2-"isec. 100 Yards Public Schools Cliam-pionship.-S, Forbes (Clyde Quay School) 1. Mile Walk.—l'. Fitzgerald, 70yds, 1. Time, Tallin in 1-,'scc. 100 Yarels Handicap,—3. W. Rngland, 10yds, 1. Time, lOsee, Long Jump.—T. Craig, 2jft 21n (including 18in handicap) 1. 100 \ards Inter-college Championship.—F. \v. |l, Good»elicre ton College) 1, Time, 10 8-sscq. One Milo Bicycle Handicap.— E. Best, 30yds, 1. Time, 2min 87soc. One Mile Run.—M. Burnett, 40 yds, 1. Time, 4mm 48 2-ssec. 120 Yards Hurdles.—T. Craig, 5 yds behind, 1. Time, 17sec. Putting the Shot.—M. M. Roseingrnve, 81ft 11 in, 1, Iwo Mile Walk.—F. R, W. Green, 250 yds, 1. Time, Mimin Sssec. 220 Yards Handicap.—B. A. Weybournc, lfiyds, 1. Tir-f, 28 2-ssec Three Mile I'.io rV linrdicap.—a] McCarrison, 60yds, 1. Time, Bmin i! 8 '2-Cisoc. Three 'Mile Flat.—J. H. Prcmlevllle, scratch, 1. Time, lfimin 12 High Jump—A. Evenson, sft 9in (inc 7in handicap) 1. 220 Yards Pu-blic Schools Championship.—Forbes (Clyde Quay) 1. Time, 27sec. 440 Yards Inter-college Championship.—F. W. B. Goombjehere 1. Time, 55 4-ssec. 440 Yawls Ladies' Bracelet.—ll. J. T. Pollock", 85yds, 1. Tlmo, 51 4-sscc. One Mile Teams Rolay Race. —"Wollington Amateur Athletig Club 1.

I SPORTING.

TAKAPUNA J.C. SPRING MEETING. FIRST DAY. - (Per Press Association.) AUCKLAND, Nov. 36. The Takapuna Jockey Club's spring meeting \vus commenced today, when thu weather was fine and the attendance good. The totalisator handled £7182. . Results : Trial Handicap, 0110 mile.—Lycia, 7.10 (Hyan), 1 ; Serous, 8.10, 2 ; Golden Sands, 8.10, a. Scratched— Anchorite. Won comfortably by two * lengths. Time, Imin 47 2-osec. Dividends, £2 18k Gd and £ii 10s Gd. Canityian Humlicap, four furlongs, llorsa, 7.0 (Satman), 1 ; Luresoino 7.10, 2 ; Merry Delaval, 7.0, 8. Scratched—Hiro. Won easily by over two lengths. Time, 53 2-ssec. llorsa and Lurcsome were bracket od on the totallsator and paid £8 4s. St. Andrew's Handicap, one milo and a quarter. Geordie, 7.10 ' (Chaffe), 1 ; Zulieka, 8.0, 2 ; Avalanche, 7.10, 3. All started. An interesting race throughout, Goordic, who challenged in the straight, ing away aixl winning by lengths. Time, 2min 13sec. Divldends, £8 18s and £1 Os 6d. Handicap Maiden Hurdles, one mile and a half and 100 yards.— ( Wairaka, 9.0 (Howard), 1; Reckless, 9.8, 2 ; Swagsniun, 10.12, 8. Scratched.—Wellcast,) Lavadel, and. Linklock. i Won easily by thret lengths. Time, 3min 3sec. Dividends, £6 8s fid and £2 9s. Melrose Handicap, Ave furlongs.— Air Gun, 8.0 (Julian), and Discoverer, 7.10 (Chaffe), dead heat, 1; Jean, 8.0, 3. Scratched—Koniola, Silica, Kercru, Strotnness, Simpla Simon, Engraver, and Soult Maid., Air Gun got up In the iMt tew strides. Time, lmfo 6 2-15«ec. DJr(" dends, £2 0s and £6 10s od, ' Pony Handicap, six furlongs.—Lijcrece, 7.8 (Scoots), 1; Sally Horner, 7.5, 2 ; Girton Girl, B.lt 8. Scrat. , shed—Lady Ixittle and Forth-, Wofc by a head. Time, Imin 20sec. Plvtdends, £ll 9s and £1 9s. i -s First Handicap Hurdles, two m|let, 3 —Bellman, 11.0 (Marchant), 1; fitaflu, 9.0, 2; Princess of Thito, 11.12, 8. Scratched—lrish. Won by twelve lengths. Time, Bmln Golwc>' Dividends, £8 10s Gd and £2 19s od. Cheltenham Handicap, five fur* longs.—Black and Gold, 9.6 (Dueler) I ; Te Aroba, 8.0, 2 ; L* Cig&, 7.12, 8. Scratched—AusterllW, Lady lloba, Gweniad, ElUpoth, aad Di»coverer. Won in a canter by pv<er four lengths. Time, Imin 8 8-swe< ! Dividends, £4 4s and £1 l&s, . A. Butler, rider of Loch Lotnoo4 in the Hurdles, was thrown and died shortly afterwards from M* injuries, , iho base of the skull tteing frftctm;jd. Deceased came from the Whale*lane district. He had been traioiftg lor Messrs Duder Brothers, of DwAto* port, for some years, and weM - h single man a°out 25 yean pt age, WOODVILLE NOMINATIONS! .■> (Special to News.) ' WOODVILLE, Nov. 26. The following nominations were received for the Woodville Club's suprner meeting : —First Day.— First Hurdles, one mile and thteequarters.—Ontario, Saraband, U6* relli, Good Hope, Rungarawa, Db» main, Valkyrie, Straie, Jewel Qun, Durban, Weary Ml, Repulse, War* wick, Morpeth, Vivacity, Athol Maid, Flanagan, Anadeja. Grand Stand Handicap, seven furlongs—South Star, Letherine, Bon- . luur, Pretty Maid, Trephain, Per- f ditu, Sylvrie, Fireball, Tomderghift \ Horatio, Daredevil, Maminga, J oily Friar, Pa Tuna, St. Winifred, Ngata:uu, Le Beau, ILeritas, PushM, Malakokiri, Kangaroo, Polyanthus, Va- . rlation, Hinurewa, Waitoa, Wiinata, (late The Pearler), Foirwind, Hamua. »■_ Notoa, Present, Florio, Loch Tay. Woodville Handicap, one mile add a quarter.—Loch Erne, Starshoot, Hydrant, Jeanne d'Arc, Gold Dust, Douche. Sunflsh, Sanfoin, Plaldle, Shrapnel, Black Reynard, Marinella, Blazer, Tirole, Hlnetaura, Joe Chant* berladn, : Mystification, Hardwork, " 1 Fleka,. St. Alba, Ropa, Full- Ory, Armistice, Madrigal. Flying Handicap, .sis furlong*. Tihi, Matukokiri, Galahad, FUher' ' i Maid, Laertes, Kudu, Rouble, Hora- . tio, Chartreuse, Replete, First View, Victoria Park, Land o' Cakes, Rotoairo, Rose Madder, Delaniere, Pretty , Maid, Coxswain, Hinurewa, Catspaw, Wbakawehi, Parokftreka- (lato The Broker), Peter Kaltu, Maorilamd, Pa Tuna, St. Louis, Le -Beau, Borough Handicap, seven furlongs. —Narcotic, Jeanne d'Arc, Rualkfue, La Torpedo, Wet Reel. Freelaad, Optimist, Auratus, Parkghot, Rote, Full Cry, Waitoti, Pure Silver, toa, Tattle, IHitungarchu, ShraphM, • Ziiska, Tirole, Block lleynard. Welter Hack, one ntlio and a quarter.—Admiral Cerveras, Rungamin, Killarney, First Foot, na, Daredevil, Foirwind, Creusot, Hamua, Domestic, Present, Pusfeful,' Domain, Ngiatitoa., Galahad, Boat-' bastes, Notos, Holty Toity, Rom«& King, Loch Tay, Electric, five furlongs.—Platypus, Heritas, Wet Reef, Waitoti, Forest f Rangsr, Replote, Matuku,' MamiDgjt, Assftyer, Good Intent, Land o' Cakes, Rose Maidder, Pure Silver, Turedo, lioulile, Parekaroktt (late Hie Broker), Ziiak'a, Auratua, Gold Dredge, Parkshot, St. Louis, Maniopoto. —Second Day.— Stowards' Handicap, seven furlongs.—South S<ar, Heritas, Bonhour, Matakokiri, Pretty Maid, TroPlhinc, Waitoa. Whakewelii, Horatio, Rouble, Letherine, Foirwind, Hamtia, T Pa Tuna, -Jolly, Friar, Present, Bt, Louis, Marinella, Loch 'IVy, Poly, aivthus, Oalahod, Variation, Himt- < rewa, Laertes, Fireball, Kudu, Walmata, Daredevil, Peter Kalm, Fancy Work, Bomibastes, Natos, St. Winifred, Hoity Toity, Maniopoto, Nga- - torua, Le Beau. '

Second Hurdles, one mile and a half.—Ontario, Saraband, No Shot, Morelli, Good Hope, Warwick, Vivacity, Strcne, Jewel Gun, Duitan Rungnrawu, ltomain, Valkyrie, Flanagan, Weary Hill, Repulse, Morpeth. I aura, Athol Maid, Anadeja. Ruuhinc Hack Welter, one mile and | a distance. - South Star, Letherine Admiral Cerveras, Pushful, Bonheur "han-gainoajia, Daredevil, Romany King, Notos, Domestic, Kilkarney, . Ngatitoa, Kangaroo, Polyanthus, Bust Foot, Catspaw, HoKy Toitv Fainvind, Floiio. Summer Handloap, one mile anil a d.Btuii e.-Loch Erne, Iljylrant, Sunfish, Doucho, Tirole, Joe Chamberlan, Frnland, Haidwork. I'laldie St. A Ilia, Shrapnel, Black Reynard, Mnrinellft, Blazer, Starshoot, Jeanne ' u'Arc, Gold Dust, Pune Silvor, Hinetuura, Mystiflpation, Sanfoln, Fijll Cry Fleka, Jounce, Ropa, ArmiuUlfe, Mijidrigal, Telegraph Hank, six furlonow-Tihi, Push.ul, Delamere, Matakpkiri, Hlnu- I W Pretty Catupaw, Ton- , A'rghie, Rouble, Hpratlo, Herita*. Mmiiingft, Pa Tunft, Victoria Park, J* ot, Louis. Ilotoairo, U> Iloau.Flrat Boot, PeiuMta, Coxswain, Variation, Sylvrie, Fireball, Kudu, Whakawem, Parekareka, Chartreuse, First View, Notos, Prest-nt, Land o' Cakes, Loch T a y, Water of Milk. Railway Stakes, six furlongs—Pia* typup, IMamo.*, wk Reel, Forest Raiiner, Turcpo, Walmata, Matuku Good Intent, Auratus, Gold Dredm' » ManioPoto, Narcotic, Rustlque Villi toti, Pure Silvor, 'flattie, Tutumrarehu, Assayer, Zlska, Shrapnel Paxk. shot. Bta.'xUciap, (minimum 8.0), one mil#.—Narcotic, Domain, Jeanne d'Arc, Waltoti, Tattle Tu'l tungarehu Hydrant, Inspan, Hamua. =" Bounce, Tlrole, Fuji Cry, Prisoner La Torpedo, Wet Reef, Joo CW Ix'rlain, Parekareka, Freeland, HardWork, Creusot, Optimist, Parkshot. » Ropa. ?- Romany Girl has bean scratched tor all events at the Feildinv race*. . THE PETROVNA APPEAL OAS®, "< Following Is the,full ludflaw*.; the «*>v« caw,

be read with interest by sporting men In' the matter of the appeal of James Jeffs against the decision of the Canterbury Jockey Club, a disallowing his claim to the • stakes in the Criterion Handicap run on November 9, 1903. —Judgment.— In the Criterion Handicap there , were four horses placed, viz. 1, Mr Stead's Bagpipes ; 2, Mr Jeffs' Petrovna ; 3, Sir (J. Clifford's Golden yein ; and 4, Mr Donnelly's Westguard.

An objection was iodged by Mr Jeffs against Mr Stead's claim to 1 the stakes, on the ground that Bagpipes was ridden by a person who was not a licensed jockey. This objection was su nuined by the judges of thcCnnference (reversing the <iecisionof the Canterbury Jockey Club), who ordered that Mr Stead should refund the stakes to the club, and that the latter should pay them over to the person who would have been entitled to them if Bagpipes •had; not started in the race. Whilst the Bagpipes case was pending, on July 1, 1904, nearly nine •months after the race was run, Mr Hugo Friedlander, owner of an unplaced horse, lodged -an objection against Mr Jeffs receiving the stakes on the. ground that the entry of Pe.trovna, made on or about October *23, 1903, was invalid, owing to her age not having been given therein in accordance with Rule 48. x Mr Friedlander docs not, and cannot, claim the stakes, as his horse jwbs unplaced, but he is within his legal rights in objecting, as he was "the owner of some other horse in the race" (Rule 113). There is, however, this peculiarity—that, if Mi Friedlaoder's objection succeeds, Sir __ ,Q. Clifford and Mr G. P. Donnelly, neither of whom has lodged any objection or made any claim to the stakes, will be the only persons to .•benefit. Part VI. of the Rules of Racing is the Part which relates to entries for & races, and pcrscribes the formalities to* be observed—for the most part .before the horses are handicapped. Thepc Kits -are directory, and their ■ .Object is, mainly, to provide for the furnishing to the committee of the club, and its officials of the requisite information to enable them at a preliminary stage to decide whether the ;torse entered is eligible to run in the race, and, if so,, to apportion the weight. , Mr Jeffs in his entry did not state .the age of Petrovna—nor did he do bp in any of his other six entries «tor the same meeting. The judges requested the Canterbury Jockej Club to exhibit at the 'hearing of the appeal all entries received for the meeting, but the plub, although protperly reminded by the secretary of .the Conference of the propriety oi complying with the reqjuest, has not produced to the judges any other entries than those of Mr Jeffs himself. It may well be that the whole, or at any rate the greater part, of the entries received, and acted upon by the club without demur, were in equally as defective a condition as " that of Mr Jeffs. The Stewards of the club, in the " decision appealed against, admit '■' that entries have been everywhere accepted without being accompanied by -the information required by the raieisi'* and the judges are also conthat it has been the custom of all clubs to receive and act upon entries in similar form to that adopted by Mr Jeffs. It is true that Rule 48 is emphatic in i|s' Wording, and, if it stood alone, might well be held to invalidate an entry not giving the age of a horse, not only as respects the action to 'be taken by the club and * its officials after receiving it, tfut also even subsequently to the race, if .the horse were permitted to run. jJut Rule 48 must be read with Rules 50.and. 51. aiid all must if possible jje'glven effect to. Moreover, the jljuestion whether a rule is mandatory or directory is not to be gathered solely from its wording, but ffoni a consideration also of its objects'and the other provisions made in relation to the same subject. Rule 50 repeats in other words Kule-18 asf to the necessity of stating the age of the horse in the entry I but Rule 51 in effect declares that it/shall not be necessary to do this

• except "in every entry of the horse until an entry of it by description, &<' with the proposed name, has been published." The same rule includes the following sentence—which might perhaps have been better placed in a separate rule, in which case the mistake of thinking that Rule 48 was excluded from its effect could ' not well have been made —"In any entry after such publication it will be sufficient to enter the horse by Buch name wittoout description." "Published" and "publication" are not defined by the rules, and therefore have their usual meaning ; be- • sides, no entries, as entries, are ever published in the Official Calendar (properly so called.) Prior to the Criterion Handicap being run Pettrovna was very frequently entered and won races, and the entries were as frequently published. She was foaled in 1898, and on September 21, 1900, her breeder wrote to thier secretary of the Conference, pursuant to the Rules of Racing, claiming tia name of "Petrovna," and lurnishing the requisite particulars, .which were duly notified in the Official Calendar of October 6, 1900. i SJJUfjnotilication showed the name, fgp pedigree, colour, and sex. The various performances of Petrovna appear in the N.Z. Turf Register for the years 1901-2, 1902-3, and 19034 and show that she was entered and ran frecjuently, and several times won races during these years. The entries were from time to time

published in the local newspapers and race cards, and the results, including her performances, were published in the Official Calendars recording the results *f each meeting. She ran in and won several races, indeed, at meetings held by tie Canterbury Jockey Club itself. Ihe following are particulars collated from .the N.Z. Turf Register and Official Calendar . " 3 Petrovna, b f, by Siepniak-* Irene," 1901-1902. Ist Maiden Plate, Ist Jockey Club Handicap, Kurow J C October, 1901 ; Ist Hack Handicap, lat Maiden Plate, Dunedin J C., October 1901; unplaced Riccartoa Welter Handicap, JLst Crossy Welter Handicap, Canterbury J .C., November, 1901 ; Ist Hack Handicap, 2nd Grandstand Handicap, Dunalin

J.C., November, 1901 ; 2nd Presi- * iJeat'a Handicap, North Otago J.C., December, 1901 ; 2nd Flying Handicap, Waimate R.C., March, 1902. " 4. IVtrovna, b f, by Stepniak— Irene," 1902-3. Unplaced Flying Handicap and WaStaki Handicap, Worth Otago J.C., October, 1902 ; unplaced Ricearton Welter Handicap, 2nd Randolph Handicap, Canterbury J.C., Novemiber, 1902 ; Ist Federal Handicap and Grandstand Handicap, Sumedin J.C., December, 1902, Ist Electric Handicap, Telegraph Handi- , cap, and January Handicap, Wel- ' lington H.C., January 1903 unplaced Publicans' Handicap, Ist Domain

{ta«?aap, lhmedin J.C., FuUruary, 1903; 3rd Great Easter Handicap, * Ujipfaced Templeton Handicap, Canterbury J.C., April, 1903; 3rd RaiJjcay Itarvdicup, Wellington 11.C., April, 1903 ; unplaced Tradesmen's Handictap and Handicap, Punedin J.C., June, 1903. " 5. Petrovna, ch m, by Stepnlak —lrene," 1903-4. Ist Shorts Handicap, Diaiedm J.C., October 17, 1903 ; unplaced Stewards' Handicap, Canterbury J.C., November 7, 1903. The stewards of the Caiiteiihury Jockey Club entirely misconceive the effect of the judgments in the Gladsome and Baigpipes cases when they view them as laying down "as n general principle that the rules must be interpreted literally, regardless of what the general custom has ljeen in the post." In these cases Mr HeiU KBd Mr Stead were deprived of the because their horses were not 4 radden by a licensed jockey, anil Hwre certainly never has been in this colony any " general custom " of ignomng the essential condition in every race that each horse ahall lie ridden by a licensed Jockey. In the ,Wl4tU|k argument, fated No-veirtber * _ 'ls, J. 904, subnet ted to the Judges lay .* JJuwjls Geo. O. SteaKl and BoauIfeipWP Lqoe,' as " the aub^committeo

Canterbury Jockey Club," similar inaccuracy is noticeable. The grounds of the decisions in the Gladsome and Bagpipes cases are erroneously stated to be that the horses were rkklen \>y an unlicensed apprentice, instead 01, as was Urn case, by aj person not licensed to ride as a jockey ; and it is urged that the erroneous opinion expressed without any authority by the secretary of the Conference (who is alsoi secretary of the Canterbury Jockey Club,), that a [ rtigistered apprentice was qualified to rifle without a jockey's license, acted upon by Home horseowners in the South Island, amounted to a general custom. Messrs Stead and Lane diiaw the attention of the judges to the fact that the secretary of t'ht,* Canter# Airy Jockey Club published a tetter "in the Official Calendar or Referee of July 1, 1903, in which he ipecifically drew the attention of owners and trainers t 0 Rules 45 and ■ and quote the following as an extract, " that when some owner has, if tor winning a race, paid the penalty of disqualification f o r invalid entry, etc., etc." But they omit to add that the letter in question refers only to the " practice of telegraphing entries without disclosing the owner," and that of failing to conifrm telegrams by letters. The Canterbury Jockey Club, in common ■tith all other clubs, continued to reeive, and racehorse owners to lodge, entries such as that now objected to until some time subsequent to the Xovemter, 1903, indeed, the practice does not stall continue. I

Great weight must bealwajs gjv--'ii in determining such u question to the fact that a custom—reasonable in ■ts nature and occasioning no ill consrt.fuences in its results—has obtained unhersall.v (or almost universally) in a country for manyyears'. This has Tten "only recently -fltpresaly recognised in a case decidoij in the Supreme Court and Court of Appeal of this colony. The custom of accepting atv entry as sufficient if it contains all information rerjiisite for the purposes (for which entries are required is erne of this nature ; anid, even if the judges were not of opinion that Rule 51 applies fo and controls Rule 48, they would hesitate to reverse the universal practice of recognising such an entry as that in question as sufficient for ill purposes, when the entry of the lorse hias been published previously, aid there is no possibility of any mistake being made by the officials of the club, or of amy misunderstanding arising. The judges allow the appeal and reserve the decisions of the stewards amd committee 'of the Canterbury Jockey Club. They decide that Mr Jeff's Petrovjia was the winner, Sir <3. Cliffoivl'B Golden Vein second, and \lr Donnelly's Wesrtguard third, in the Criterion Handicap, and direct the Canterbury Jockey Club to pay over the stakes accordingly. It is to i>e regretted that the rules are imperfect in not conferring oil' judges jf the Conference power to mulct any Metropolitan Club which is a party .0 an appeal in the costs of the aplieal.

All the deposits paid by Mr Jeffs must be refunded to him. * OLIVER SAMUEL, E. MITCHELSON, E. W. ALISON, Judges. Auckland, November 24, 1904,