Grainger v. Douglas Park Jockey Club
Citation | 148 F. 513 |
Decision Date | 27 October 1906 |
Docket Number | 1,571. |
Parties | GRAINGER et al. v. DOUGLAS PARK JOCKEY CLUB. |
Court | United States Courts of Appeals. United States Court of Appeals (6th Circuit) |
D. W Saunders and Lewis McQuown, for appellants.
H. W Bond and Helm Bruce, for appellee.
Before LURTON and SEVERENS, Circuit Judges, and COCHRAN, District judge.
This is an appeal from an interlocutory order granting a preliminary injunction. It was made May 24, 1906, in a suit brought May 15, 1906, by the appellee, a Kentucky corporation created and organized December 12, 1905, against the appellants, Charles F. Grainger, Louis des Cognets, J. P. Chinn, Milton Young and E. F. Clay, all citizens of Kentucky. All of the appellants except Charles F. Grainger reside in the Eastern district of Kentucky, but the appellee has its place of business, and hence resides, in the Western district. Diversity of citizenship not existing, the lower court did not have jurisdiction of the suit on that ground. The sole ground of jurisdiction was that the basis of the relief sought was state action claimed to have been in violation of the tenth section of the first article of the federal Constitution and the fourteenth amendment thereto. This being so, this court will not have jurisdiction of an appeal from the final decree therein. That must go to the Supreme Court. It has jurisdiction of this appeal from said interlocutory order by virtue of the Act of Congress of April 14, 1906 (chapter 1627, 34 Stat. 116), amending the seventh section of the act establishing the Circuit Courts of Appeals (Act March 3, 1891, c. 517, 26 Stat. 828 (U.S. Comp. St. 1901, p. 550)) so as to give them jurisdiction of an appeal from an interlocutory order or decree granting or continuing an injunction or appointing a receiver 'in any cause' instead of in 'a cause in which an appeal from a final decree may be taken under the provisions' of said act to the Circuit Court of Appeals as before.
The douglas Park Jockey Club was empowered by its charter to acquire, equip, and operate in Jefferson county, Ky., within which the city of Louisville is located, a race track for running horses, and prior to the bringing of this suit it had acquired 125 acres of land adjoining said city and equipped it for said purpose at an expense of $225,000. The most, if not all, of this expense was incurred prior to the doing of any of the acts complained of in said suit.
The five individual appellants are the constituent members of the state racing commission appointed April 2, 1906, by the Governor of Kentucky, under an act of the Legislature thereof, approved by him March 23, 1906, and which then became a law by virtue of an emergency clause. Said act is as follows:
Its provisions can be stated and grouped in a way to impress them on one's mind, and we think, though at the risk of tediousness, that this should be done.
This act has no application to trotting races. It applies only to running races. It has no application to such races when conducted by any state, county, or other fair association holding not more than one meeting annually and for a period not exceeding six days for such meeting. It prohibits running races not so conducted, except when conducted by a corporation or association formed for that purpose, and by such corporation or association unless licensed by the commission so to do. It further prohibits a corporation so formed and licensed from running such races except between April 1st and December 1st, inclusive, in each year, and between sunrise and sunset. It provides that no one save the owners of the horses participating in the races shall have any pecuniary interest in the stakes contested for or be entitled to or receive any portion thereof, and that the commission shall have power to prescribe the rules, regulations, and conditions under which races shall be conducted.
As to the granting of licenses, it provides that they shall be granted annually; that they shall be for the term of one year; that they shall be granted if in the judgment of...
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...as broad as the knowledge and experience of the lawmakers and as extensive as the theater of human conduct. Grainger v. Douglas Park Jockey Club (C.C.A.) 148 F. 513, 8 Ann. Cas. 997; Jones v. Russell, 224 Ky. 390, 6 S.W. (2d) 460; Commonwealth v. Goldberg, 167 Ky. 96; Packard v. Banton, 264......
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