Insular Racing Commission v. District Court of Bayamón
Insular Racing Commission v. District Court of Bayamón
Opinion of the Court
delivered the opinion of the court.
In this case, at the instance of the Insular Racing Commission of Puerto Rico, we issued a writ of certiorari directed to the District Court of Bayamón, it being alleged that said court, acting without jurisdiction, had taken cognizance of an appeal by Félix Alvarez from a decision of said Racing Commission, excluding the racing mare “Judex” from the race tracks of the island for one year.
The jury of Quintana Racing Park decided to impose a suspension for one year upon the mare “Judex.” Félix Alvarez, who is the owner of that animal, sought a review of that decision before the Insular Racing Commission of Puerto Rico, which after certain proceedings were had, con
In an affidavit made by Félix Alvarez before the Racing Commission, in the instant case, he stated that he was the owner of the mare Judex, that he has a racing stable, and that he owns eight horses.
The only question to be determined in this appeal is whether the Racing Commission’s decision confirming the penalty imposed on the mare Judex is appealable to the district court, since if it is not, said court lacked jurisdiction to entertain the appeal and hence to decree the suspension of the decision appealed from.
Section 13 of the Racing Act of Puerto Rico in force, or Act No. 11 of 1932 (Session Laws, p. 194 et seq), provides that before a horse can be run on the race tracks of this island, it must be registered in a studbook to be kept by the Racing Commission and its owner must obtain a license to race it. That act also provides as follows:
“Section 18. — The jury shall see to the enforcement, on racing days, of the law and of the regulations of the Insular Racing Commission in regard to the operation of the races. The decisions of the jury shall be final and unappealable except in those cases where*296 the penalty imposed is more than three months’ suspension or a kandred-dollar fine, in which cases appeals may be taken before the Insular Racing Commission which shall be obliged to decide said appeals within an unextendable term of ten (10) days; and its decisions shall be final and unappealable, except as provided in Section 7 of this Act. ...”
“Section 7. — The Insular Racing Commission may, for just cause and after hearing the parties and giving' them an opportunity to defend themselves, suspend temporarily, or cancel, the license of any race track, horse owner, jockey, trainer, or stableman; Provided, That any resolution of the Insular Racing Commission cancelling any of said licenses shall be appealable to the district court of the place where the appellant resides. The appeal shall not suspend the effects of the resolution appealed from unless the district court before which the appeal is filed, issues, after the giving of bond, a writ of supersedeas. ...”
In accordance with the above provisions, and since the jury of the Quintana Racing Park excluded the mare Judex from the race tracks, as a penalty, for more than three months’ suspension, her owner, Félix Alvarez, could and did appeal from that decision to the Racing Commission, the ruling of the latter in such case being final and unappealable,, unless it involved the cancellation of the license of any race track, horse owner, jockey, trainer, or stableman.
The decision of the Insular Racing Commission from which an appeal was taken to the District Court of Baya-món, excluded the mare Judex from the race tracks of this island for a certain period of time; but even if this amounted to a suspension of her owner’s license to race her, it would always be a temporary suspension of such license and not a cancellation thereof, which would finally preclude him from racing said mare. The suspension of a right is less than the cancellation thereof, since by the former the right is rendered ineffective for a certain time, while cancellation finally wipes out and destroys such right. The decision of the Racing Commission suspends the license of Félix Alvarez for a certain length of time as far as the mare Judex is concerned, but it does not cancel it forever. He can race
Case-law data current through December 31, 2025. Source: CourtListener bulk data.