Judges: BROWN, J.
Attorneys: Fred M. Valz and R.R. Saunders, for Relator;
H.P. Baya and George Couper Gibbs, Attorney General, and W.P. Allen, Assistant Attorney General, for Respondents.
Filed: Jul. 20, 1938
Latest Update: Mar. 02, 2020
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 532 This mandamus proceeding involves the authority of the State Racing Commission to make a rule providing that horse racing shall be conducted only between the hours of 12 noon and 7 P.M., Eastern Standard Time. The petition and alternative writ of mandamus issued thereon allege that the petitioner, Hollywood Jockey Club, Inc., a Florida corporation, was gr
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 532 This mandamus proceeding involves the authority of the State Racing Commission to make a rule providing that horse racing shall be conducted only between the hours of 12 noon and 7 P.M., Eastern Standard Time. The petition and alternative writ of mandamus issued thereon allege that the petitioner, Hollywood Jockey Club, Inc., a Florida corporation, was gra..
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I think the rule referred to is arbitrary and beyond the power vested in the Commission. I think the legislative determination by which the time during which racing may be conducted is fixed left no field, for the determination of the time during which races could be conducted by the Commission except as in the statute specifically provided.
If the Commission may promulgate the rule involved it may in the exercise of like power promulgate another rule changing the time during which recess may be conducted from 12 noon until 7 o'clock P.M. to permit racing only between 7 o'clock P.M. and midnight, upon the theory that racing during such hours would be beneficial to the general welfare and be conducive to non-interference with other business generally conducted only in daylight hours.
ELLIS, J.C., concurs.
