practicable. The president may act as referee in any case wherein the parties thereto so request, and in such case his decision shall be final.

Sec. 8. "Each of said district boards shall have jurisdiction on all questions of fraud or other matters relating to the turf, arising in said district.

Sec. 9. "The board of review shall possess the authority conferred upon the board of appeals, and may perform any of the offices and duties which, under the by-laws and rules devolve upon said board of appeals. They shall hear all appeals from the decisions and rulings of the district boards, and they may hear appeals from the decisions and rulings of the judges of any race, and of the several associate members, and they shall pass judgment in each case, from which there shall be no appeal.

Sec. 10. "Each district board shall meet upon the call of its chairman or of the president. In all meetings of a district board, two members, exclusive of the ex-officio members shall be a quorum for business.

Sec. 11. "The board of review shall hold a meeting on the first Tuesday of December, 1880, in the city of New York; and thereafter they shall hold a regular meeting on the first Tuesday of December in each year as they shall determine; provided, that if the board shall at its first or any regular meeting, omit to determine the place of its next meeting, the president shall designate the place. In all meetings of the board of review, three members of the board exclusive of the ex-officio members shall constitute a quorum for business. Special meetings of the board of review shall be held when ordered by the president.

Sec. 12. "In all meetings of either district board or board of review, notice shall be sent to the members of the board by the secretary, through the mail, not less than fifteen days prior to the meeting."

Section 13 relates to the subject of costs.
Section 14 is upon the subject of rehearings.

Section 15 is, that no member of a district board shall sit in a case once heard before him.

The other sections of article VII throw no light upon the present controversy.

Art. VIII, sec. 1. "A delegation to a general congress or any association meeting shall consist of one person, duly authorized in writing by the president or secretary of their respective associations, or proprietor or proprietors of individual courses.

Art. XII, sec. 1. "It shall be the duty of each associate member to see that the rules, regulations and by-laws of this associa tion are rigidly enforced upon their respective courses under penalty of suitable fine or expulsion.

Sec. 2. "Members shall not allow their courses to be used for exhibitions of a character degrading to the public standing of the National Trotting Association, and they shall be held responsible before the board of review for any violation of the rules of this association.

Sec. 3. "They shall keep on file, for future reference, all letters, entries and communications relating to their respective courses. Sec. 4. "It shall be the duty of each member to forward, by mail, as registered matter, to the secretary of said National Association, within one week of the close of each meeting, the judge's book, or official record of the meeting or race, said record to contain the date, the amount or value of the purse, match, or sweepstake, the full terms and conditions of the race, all the entries received for the same, the position of each and every horse in each heat, the drawn, distanced, and ruled out horses, the official time of each and every heat, the signature of the judges, and such notes and remarks as are necessary for an understanding of the whole.

Sec. 5. "Members shall furnish to the secretary the names of all persons and horses that have fines, suspended, or expelled, together with the amount of fines and terms of suspension. They shall also furnish a list of the officers of their respective associations or courses, with their post office address.

Art. XIV, sec. 1. "There shall be a meeting or congress of the members of this association, biennnially, on the second Wednesday in February, at such place as may be chosen at the meeting next preceding; a written or printed notice of each meeting shall be mailed, postage paid, and addressed to the secretary of each member, at least thirty days prior to such meeting.

Sec. 2. "Each member shall be entitled to one vote, and may vote by a delegate duly authorized, who shall have the power of substitution.

Art. XX, sec. 1. "The president may employ a trusty man or men to visit any trotting meeting or meetings to learn if the rules of this association are properly observed, and to take the time of the horses in any heat or heats trotted or paced at such meeting. Such supervisor or supervisors shall have authority to inspect the records and entries in possession of any members when so directed by the president. The report of such supervisor or supervisors as to said matters shall be received by the board of review as evidence in any investigation by the board relating thereto.

Sec. 2. "Any member or the judges of any member, or any party, thus reported guilty of violating said rules, shall be by the president reported to said board."

Section 3 confers the same power upon each member of the board of review as supervisors possess.

or

Rule 1, § 1: "All trotting and pacing engagements and performances over the several courses which are, or shall be, represented by membership in 'The National Trotting Association,' and each and every person who shall in any way be concerned employed therein, as well as all associations and proprietors themselves who are or shall become members of said National Association, shall be governed by the following rules from and after February 8, 1888:"

Rule 6, § 3, provides for the description, names and pedigrees of horses to be entered and punishment by the board for deception. N. Y. STATE REP., VOL. XXXI. 28

Rule 14 prescribes punishment for fraudulent entries, alterations or concealment of identity, and provides for punishment. Rule 15 provides for a reward for disclosing fraud.

The provisions of rule 16 relate to the manner in which races shall be carried on, the withholding of premiums, and upon the making of protests, investigation and punishment.

Rule 26, § 1: "The judges of the day or race shall have authority, while presiding, to appoint distance and patrol judges and timers, to inflict fines and penalties, as prescribed by these rules; to determine all questions of fact relating to the race over which they preside; to decide respecting any matters of difference between the parties to the race, or any contingent matter which may arise, such as are not otherwise provided for in these rules; and they may declare pools and bets 'off' in case of fraud, no appeal to be allowed from their decision in that respect, but all their decisions shall be in strict conformity with the rules or with the principles thereof. They shall have control over the horses about to start, and the riders or drivers and assistants of the horses, and, in the absence of other provision in these rules, they shall have authority to punish by a fine not exceeding $100, or by suspension or expulsion, any such person who shall fail to obey their orders or the rules.

Rule 41, § 1: "In any public race, if there shall be any intentional suppression or misrepresentation in either the record or the announcement of the time of any heat in the race it shall be deemed fraudulent. And any horse winning a heat or making a dead heat wherein there was such a fraudulent suppression of time, together with the parties implicated in the fraud, shall, by the operation of these rules, be henceforth disqualified from the right to compete on the grounds of the members; which disqualification may be removed by order of the board of review, when, upon investigation, the board shall believe that the constructive fraud was not premeditated, but only then upon a restitution or return to the custody of the treasurer of this association of any premiums that, under any circumstances, have been awarded such horse on the ground of members during the time of disqualification, and upon the payment of a fine of $100 to go to this association, the fine to apply to the horse regardless of any change in the ownership.

Sec. 2. "A fine of $100 shall be imposed upon any member of this association on whose ground there shall be allowed any suppression of time as aforesaid; one-half of said fine to be paid to the informer upon recovery, and time shall be deemed to have been suppressed in any race wherein a record of the same has not been kept in writing, whether on associated tracks or others.

Sec. 3. "Any person who shall as judge or timer, be guilty of fraudulent suppression of time in any public race shall be expelled from the courses of all members."

Attention has not been called by counsel on either side to other rules or by-laws which are claimed to bear upon this application. There are over 300 local trotting associations in the United States and Canada which are members of the National Trotting Association. There is another trotting association known as the American, within the same territory, which has no connection with this association.

There is a corporation known as the Standard Stock Farm organized under the laws of the state of Michigan, located and having its principal office at Grand Rapids, of which Frank L. Noble is president. The Standard Stock Farm owns a trotting stallion known as Alcryon. On the 23d day of September, 1889, on Beacon Park track, Boston, this horse trotted in the Balch $10,000 stallion race, and was driven by one of the plaintiffs, George Robens. The owners of the track were Jordan, Marsh & Co.; they leased it to George H. Hicks, but on the day of the race the track was in charge and under the control of Wesley P. Balch. The lessee, Hicks, was a member of the National Trotting Association, but neither the owners or Wesley P. Balch were members. None of the plaintiffs were ever members of the National Trotting Association, or of any of its local members.

The race was won by the stallion Nelson, owned by C. H. Nelson of Maine, who was not a member.

The defendant's position is that previous to this race the plaintiff, Noble, entered into a conspiracy with C. H. Nelson, the owner of the horse of that name, whereby it was agreed that Alcryon should lose the race; in consideration of which Noble should receive $5,000 and $2,000 in addition thereto, called the second money. That to carry out the arrangement, Noble so caused his horse to be shod that he could not win the race. It is also claimed that Noble received the money agreed upon.

No complaint was made at the time of the race, nor does it appear that any of the alleged facts were known at that time by the defendant, or the person from whom it afterwards obtained information. On the alleged discovery of the fraud charges were preferred and preliminary steps taken for a trial on the 3rd day of December, 1889, in the city of New York. An adjournment was had to the Iroquois Hotel in the city of Buffalo to the 11th day of February, 1890, for the purpose of trying the charges. The board of review, before whom the matter was to be tried, consisted of P. P. Johnson, of Lexington, Ky., the president; John L. Mitchell, of Milwaukee, Wis.; M. J. Payne, of Kansas city, Mo., and Jesse Carr, of Salinas, Cal. The committee met at the Iroquois hotel on the day of the adjournment for the purpose of trying the cause. The plaintiff appeared before the tribunal and urged various objections against proceeding to trial, all of which were overruled. Thereupon the plaintiffs brought this action. The complaint alleges that the horse Alcryon was of the value of $35,000; that he was a rapid trotter, and had made 2.15 1-4, and could make better; bnt that in order to realize profits it was needful that the horse, and those having charge of him, should be admitted upon the race-tracks of the local associations, upon paying the proper amount of entrance fee, to compete for the prizes, and complying with the rules.

It then alleges in substance that the plaintiffs were charged with fraud in the Boston race by the defendants, and that the

board c.aimed to have jurisdiction to hear and determine whether they were guilty of this charge, and if it so adjudged, that a fine might be imposed by way of punishment; also, that the plaintiffs might be expelled, and that the horse and its owners would be excluded from all right to compete at the races, and that thereby irreparable damage would be inflicted. The complaint also charges that the tribunal had no jurisdiction to hear and determine the questions of fraud on various grounds. The prayer is: "That it may be adjudged and decreed by this honorable court that the said National Trotting Association and the said board of review are attempting to proceed without right, authority or jurisdiction to try and determine the said questions of fraud, and that it may be decreed by this honorable court that the said board of review has no right, authority or jurisdiction to fine, suspend or expel the said horse Alcryon, or the said Frank L. Noble and George Robens, and that the said tribunal is improperly constituted to try the said charge; and that the said National Trotting Association and the said board of review, composed of P. P. Johnson, M. J. Bukeley, John L. Mitchell and M. J. Payne, and their successors, may be restrained and enjoined from attempting to try the said charge of fraud, and especially that they be restrained and enjoined from entering in said cause an order, judg. ment or decree of fine, suspension or expulsion against the said horse Alcryon, or the said plaintiffs, or any of them, and that the said plaintiffs may have such further and other relief in the premises as the nature and circumstances of this case may require, and as to this honorable court shall seem meet.

It further asked for a preliminary and permanent injunction. Upon this complaint, and affidavits tending to support it, an injunction order was granted by a justice at chambers, of which the following is a copy:

Ordered, that the defendants and each of them, and their and each of their attorneys, counsel, agents, assistants and successors in office, be and each of them is, under the penalties prescribed by law, enjoined and restrained until the further order of the court in the premises from trying, or attempting to try and investigate the charge of fraud heretofore made and now pending before the board of review of the National Trotting Association against the plaintiffs, Frank L. Noble and George Robens, or either of them, or from passing, or attempting to pass, any order of judgment or decree of fine, suspension or expulsion against the horse Alcryon and his owner, or the said Frank L. Noble and the said George Robens, upon or on account of any charge pending against said parties or said horse before said board of review, for alleged fraud in the Balch ten thousand dollar stallion race, so called, trotted at Boston in the month of September, 1889, or from taking any further action or proceeding upon, or in respect to, said charge or any part thereof."

On the 11th day of February the injunction order was served on the members of the committee; also on the corporation by service on its president.