Carroll v. California Horse Racing Board

THE COURT.

The controversy which is before this court upon an appeal from a judgment ordering a writ of mandate to issue, concerns the right of the Horse Racing Board, established under the provisions of the California Horse Racing Act (Stats. 1933, p. 2046; Deering’s Gen. Laws, 1937, Act 3421, p. 1634), to suspend the respondent’s license as a trainer of horses. More specifically, the question is whether such action may be taken without affording the licensee a hearing.

On January 1, 1937, petitioner was granted a trainer’s license for a period of one year, under the provisions of the Horse Racing Act,

supra.

His signed application contained an agreement to comply strictly with the statute and the rules and regulations of the board, and a further agreement that the license might be summarily revoked or suspended by it. The license recited that it might ‘' at any time be revoked, canceled, temporarily suspended or withdrawn”.

Pursuant to authority given by the statute, the board adopted various rules for the regulation of horse racing where bets are made. Under these rules, the officials of a race meeting include three stewards, employed by the association holding the meeting, with authority to determine all questions pertaining directly to racing. The stewards generally supervise the conduct of the race and the "owners, trainers, jockeys, grooms, and other persons attendant on horses”. They have power to impose fines on such persons, or to suspend them for the duration of the race, reporting such fines or suspensions to the Horse Racing Board.

Another rule of the board provides that approved equipment for the administration of saliva test will be required at all meetings. "Should the chemical or other analysis of saliva sample taken prove positive, showing the presence of any narcotic, stimulant, chemical or drug of any kind or description, the Owner and Trainer of the horse, either or both, may be suspended or ruled off for life. ’ ’

[166]

In a race run at the Santa Anita track on January 1, 1937, a horse named “Proclivity”, owned and entered by Norman W. Church, won. The regular trainer of this horse was ill at the time of the race, and the respondent, an employee of Church, was substituting for him on that day. After the race, a saliva sample was submitted to chemists, who reported positive reactions to alkaloids, indicating the probable use of strychnine as a stimulant. The report was considered by the racing stewards at various meetings during January, 1937, as a result of which the respondent was ordered suspended pending further investigation. This action of the stewards was reported to the Horse Racing Board, which also held meetings, considered evidence, and on October 6, 1937, adopted findings that the horse had been drugged and that respondent was at that time its trainer. Upon these findings the board ordered that petitioner’s license should be suspended to and including December 31, 1937. The present proceeding followed.