Sotheby’s Offering 38 Works Of Sporting Art From U.S. Jockey Club

Thirty-eight works with a combined estimate of $900,000 – $1,300,000 from the U.S. Jockey Club will be auctioned in Sotheby's Sporting Life Sale, with bidding open online from Oct. 14-25. Proceeds will benefit the Jockey Club's initiatives in support of the Thoroughbred industry.

As publisher of the American Stud Book and official registrar of Thoroughbreds in North America,  The Jockey Club has been a fixture for more than 100 years and was founded by many notable New York society figures at the time, including industry giants such as chairman, John Hunter, co-owner of Saratoga Racecourse; Frank K. Sturgis, president of the New York Stock Exchange; and August Belmont Jr., the financier who helped construct the original New York City subway. The works include paintings by the eminent horse racing and hunting artists of their day, such as Edward Troye and Henry Stull, offering a magnificent summation of the thrills and passion of American and British sporting culture, beginning in the early 19th century.

“The Jockey Club has owned these beautiful works of art for many years, and for that time they have been displayed in our offices in New York City,” said James L. Gagliano, president and chief operating officer of The Jockey Club. “Early next year, we are moving to a location in New York that doesn't have the space to accommodate the collection. As a result, The Jockey Club board of stewards authorized management to research options for the collection, including a sale. We are pleased that Sotheby's has agreed to handle the auction, and we look forward to these pieces finding the right homes so they may continue to be appropriately enjoyed.”

Leading the group is a significant painting by John Frederick Herring Sr., titled: The 1828 Doncaster St. Leger Won by The Colonel, which is estimated to fetch between $400,000 – $600,000. John Frederick Herring Sr.'s series of racing pictures inspired by the 1828 St Leger Stakes are some of his most highly prized sporting works and this piece is one of the most valuable by the artist to come to auction in over a decade.

Herring's artistic career began as a painter of signs and coaches, but he also painted portraits of horses to decorate inn parlors in his spare time. It wasn't long before his talent was recognized by wealthy patrons and in 1815 and he was commissioned by a Doncaster publisher to paint the winner of the St. Leger and continued to do so for the next 30 years. He went on to establish himself as one of England's greatest Sporting artists, counting Queen Victoria and France's Duc d'Orleans among his many patrons and painted over 60 winners of the most important races.

Completed in the artist's dynamic style, The 1828 Doncaster St. Leger Won by The Colonel depicts the 1828 St Leger race led by The Colonel, who can be seen on the far right overtaking the group made up of Belinda, Velocipede, and Besy Bedlam, who are all identified by the inscription underneath. Adding to the drama of the scene, Herring depicts the galloping horses with all four legs outstretched and off the ground, (something which was proved impossible half a century later by Eadweard Muybridge's series of cabinet cards capturing a horse in motion), nevertheless, Herring's cinematic composition freezes the rush and excitement of racing horses flying through the air in physically impossible strides.

Further Highlights from the Jockey Club Collection:
Edward Troye

Glencoe in a Landscape

Estimate $40,000 – $60,000

Edward Troye was America's premiere painter of Thoroughbred horses and prize livestock during the first half of the 19th century. Troye started his career as a painter and illustrator in Philadelphia in 1831 and by 1834 had established a reputation as a skilled horse painter and was traveling throughout the northeast and the south painting portraits of his patrons' most prized animals and the day's most important races. Over a 40 year career, Troye painted virtually every great Thoroughbred and racing champion in the country. In 1907, the Jockey Club acquired several paintings by Edward Troye, ushering in an era of renewed interest in the artist and culminating in a landmark exhibition at the Newhouse Gallery in New York 1938.

Glencoe was a British-bred Thoroughbred racehorse, foaled in 1831 by Sultan out of Trampoline, and one of the first stallions imported into the United States when he was purchased in February 1848. He stood 15 hands 1 3/4 inches high, with a large star and half-stockinged hind legs. Troye first painted Glencoe in 1842 and again, in 1857, some three weeks before the horse's death. The Jockey Club picture is an autograph replica of this last portrait (now in the collection of the National Museum of Racing in Saratoga Springs, N.Y.).

Henry Stull

Eurus with Jockey Up

Estimate: $6,000 – $8,000

In the wake of Edward Troye, Henry Stull was considered one of the most sought-after painters of American racehorses in the second half of the 19th century. Stull's interest in horses began at an early age in the footsteps of his father, a coachman, and on the racetracks in New York where he consoled himself after less than successful attempts to become an actor. Stull's career as an artist began as an illustrator, with Leslie's Weekly, and later the horse and sporting magazine Spirit of the Times and eventually Harper's Weekly, with whom he first published in 1883. Stull's portraits of horses are notable for their anatomical precision, a skill he honed at a veterinarian college where he was able to study horse anatomy firsthand. Patronized by the breeding and racing community, Stull painted over 100 portraits of horses, jockey, and races, several of which were in the collection of The Jockey Club and many more which are today in various public collections including the Kentucky Derby Museum and the National Museum of Racing Hall of Fame.

Please find the full sale catalogue is available here.

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Contamination Case: Harness Trainer Won’t Have To Serve Two-Year Suspension For Ractopamine

The United States Trotting Association has opted not to issue a two-year suspension to trainer Byron Hooley over a pair of positives for ractopamine, according to it's weekly Fines and Suspensions Bulletin, because the positives were proven to be a result of feed contamination.

Ractopamine is a feed additive for cattle and swine designed to create lean muscle. When used in horses, it reportedly acts similarly to anabolic steroids in building muscle mass. The standard penalty for a ractopamine positive, a Drug Class C, Penalty Class A violation, is a minimum one (1) year suspension, a fine of $5,000, and six (6) Multiple Medical Violation (MMV) points absent mitigating circumstances, in addition to a loss of purse.

Hooley's trainees Stella Rose and Coaches Corner each tested positive for the drug after racing at Hoosier Park in Fort Wayne, Ind., on Aug. 17 and Aug. 25, respectively.

Hooley presented proof from his feed company that the contamination was a result of a batch of feed for cattle which was mixed just prior to his own. That cattle feed contained Optaflex (Ractopamine hydrochloride). The feed company confirmed that Hooley's feed mixture has never had ractopamine added to it.

USTA judges found Hooley not culpable for the contamination, and ordered that his two trainees only be penalized by loss of purse. Stella Rose, winner of the seventh race on Aug. 17, forfeited $33,000, while Coaches Corner, winner of the eighth race on Aug. 25, forfeits $3,750.

Read more at the USTA's Fines and Suspensions Bulletin.

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‘Rule-Making Overreach’: Judge Rules New Mexico Commission Can’t Use Purse Money To Pay Insurance Premiums

The following release was issued by the New Mexico Horsemen's Association on Oct. 11, 2022.

The New Mexico Horsemen's Association won another legal victory in its ongoing disputes with the state racing commission and racetracks, with a judge terming as “rule-making overreach” the practice of diverting purse money toward medical-insurance premiums for jockeys and exercise riders.

District Court Judge Victor S. Lopez determined in his Sept. 20 order that the New Mexico Racing Commission (NMRC) improperly required horsemen, through their purse accounts, to pay half of racetracks' insurance premiums for jockeys and exercise riders, in violation of state statute.

Gary C. Mitchell, general counsel for the New Mexico Horsemen's Association (NMHA), applauded the ruling, which he hailed as vital to the health of horse racing in the state.

“The battle is over the political power of the racetracks that wish to cut down on the expenses of running a racetrack and a race meet and enjoy greater income from their casinos,” Mitchell said. “The great advocate standing in their way is, and has always been, the Horsemen's Association and hopefully the New Mexico Legislature.”

Under New Mexico law, any gaming operator licensee that is a racetrack must pay 20 percent of its net take for purses to be distributed in accordance with rules adopted by the state racing commission. An amount not to exceed 20 percent of the interest earned on the balance of any fund consisting of money for purses may be expended for the costs of administering the distributions.

Since 2009, more than $9 million has been taken from purse accounts at New Mexico's five racetracks to use for the insurance premiums. In late 2020, the NMHA went to court to end the unlawful practice and to get all or a portion of the lost purse money returned.

Judge Lopez' order said that just because the practice of using purse money for jockey and exercise rider insurance premiums had been in effect for years without objection did not make it legal under state law.

“(The) reality is that the practice is being questioned now; the parties presented no authority supporting the proposition that a party somehow waives a rule-making overreach by the mere passage of time,” Judge Lopez wrote.

Calling it “form over substance,” he shot down the commission's claim that the 20 percent of their net first goes into “gaming accounts” that aren't technically “purse account” monies until after funding for the insurance premiums is extracted. Judge Lopez further determined that the practice “cannot be reasonably characterized as a 'cost of administering the distributions,'” as the commission contended.

“It is neither the Commission's nor this Court's role to decide and implement policy which would essentially allow the skimming of racing revenue for the admittedly favorable purpose of protecting jockeys and exercise riders who may sustain injuries in the course of engaging in the inherently dangerous profession of horse racing,” Judge Lopez wrote.

Judge Lopez stayed his order until at least March 18, the last day of the 2023 legislative session, “to allow the parties to consider legislative intervention, if appropriate.”

Mitchell said it's important for horsemen to fight the illegal syphoning off of purse money for tracks' operating expenses “because it set a dangerous precedent.”

“We know that first it would be for insurance, and the next thing would be to pay HISA,” he said of the controversial Horseracing Safety & Integrity Act that creates an unfunded bureaucracy to oversee aspects of horse racing nationwide. “… The Legislature never intended for that to happen. That was to save horse racing — and it was saving horse racing. It was working beautifully. The horsemen didn't have any choice; they had to fight back.”

Judge Lopez' order came three days before Judge Erin B. O'Connell ruled from the bench in favor of horsemen that the racing commission was in contempt of her earlier order. That August 2021 ruling barred the commission from blocking horse owners' voluntarily contributions to the NMHA from money their horses earned in races. The commission has yet to comply with Judge O'Connell's directive.

“I guess the racing commission doesn't take the Court seriously, even though she ordered (as yet unspecified) sanctions,” Mitchell said. “So we're going to be back in court again because the racing commission, the gaming control board and the various casinos keep thinking they can just ignore the Court…. In New Mexico, contempt is a powerful tool by the courts. The racing commission and gaming control board both have serious problems, monetarily and ethically, in continuing to do this.”

The NMHA represents more than 4,000 Thoroughbred and Quarter Horse owners and trainers throughout New Mexico. The organization also has a pending ethics complaint with the New Mexico State Ethics Commission against the racing commission and the New Mexico Gaming Control Board, accusing those agencies of conspiring for the express purpose of undermining the horsemen's representative.

Also pending is a federal lawsuit filed by the NMHA in June 2021 in U.S. District Court against the commission, charging the regulatory body with depriving racehorse owners and trainers of their civil rights as well as other related violations.

More background:

New Mexico's labor-intensive horse-racing industry was on the verge of elimination with La Mesa Park, San Juan Downs and Santa Fe Downs closing in the early 1990s.

In response, the state legislature legalized electronic slot machines at racetracks with the stipulation that 20 percent of their net revenue would go toward purses to bolster horse racing and protect the industry's thousands of jobs. The legislation proved extremely effective, with SunRay in Farmington and Zia Park in Hobbs, N.M., opening in 1999 to give the state five racetracks. The others are Ruidoso Downs, Sunland Park and the Downs at Albuquerque.

The amount from slot machines comes to more than $30 million a year paid out to racehorse owners competing at New Mexico horse tracks. The NMHA — at its own expense — has administered the purse account ever since, with regular audits showing not even a penny has ever been lost or found out of place.

The NMHA has been funded by voluntary contributions from its member horse owners who earn purse money: 1 percent of what their horse earns goes toward the organization's administrative costs, along with a $5 per-start fee earmarked to help members with medical expenses and a $2 per-start fee for the horsemen's legislative and advocacy efforts.

The NMHA filed suit in the Second Judicial District Court in Bernalillo County in December 2020 to stop the commission's years-long practice of taking purse money to pay the racetracks' liability insurance on jockeys and exercise riders. The transfer of purse money to pay track operating expenses has cost horsemen to date more than $9 million.

In retribution, the New Mexico Racing Commission in May 2021 voted to defund the NMHA by cutting off its revenue stream, falsely asserting that the earned income from purse money was improperly going to the horsemen's organization. (Once purse money is earned by an owner's horse after a race is made official, those funds become that individual's property to use however he or she desires.)

The New Mexico Gaming Control Board backed the commission, even after its own hearing officer ruled in favor of the horsemen on this matter. Racing commission chair Sam Bregman also serves on the gaming control board.

“There is no doubt the reason for the actions taken against the New Mexico Horsemen's Association is to destroy, or weaken severely, the horsemen so race meets can be shortened, the purse money can be used for race track expenses and more expense burden can be shifted to race horse owners and trainers,” Mitchell said. “So long as the horsemen fight, the purse money cannot be misused and race meets of good duration will continue. Get rid of the horsemen and no one stands in the way. Get rid of the horsemen and you get rid of horse racing as it should be run. It is that simple and clear.”

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No Vet During Training? HISA Visits Mountaineer Park, Has Option To Address Veterinary Shortage

The Horseracing Integrity and Safety Authority visited Mountaineer Park in New Cumberland, W.V., last week, HISA director of safety Ann McGovern told the Thoroughbred Daily News, in an effort “to provide support and help bring Mountaineer into compliance with HISA's Racetrack Safety standards.”

Part of the reason for the visit may well have been a lack of regulatory and attending veterinarians: Mountaineer Horseman's Benevolent and Protective Association (MHBPA) president Jami Poole estimates that there is no veterinarian on the grounds during morning training at Mountaineer Park up to 50 percent of the time. Poole said there is only one full-time attending vet for the entire backstretch.

There is also only one regulatory vet at the track (who also has outside work commitments). The West Virginia Racing Commission has increased pay for regulatory veterinarians in recent years, executive director Joe Moore told TDN, but any attending veterinarian would be at the track at the request of the local horsemen. Mountaineer itself does not employ any veterinarians, and the track's director of racing Jim Colvin did not address questions about whether Mountaineer has attempted to hire association veterinarians to help cover morning training.

Neither the WVRC nor HISA requires a veterinary presence during training hours, but there is one potential option for HISA to intervene.

“Should HISA determine that safety is compromised at a covered racetrack, HISA has the authority to place a vet at the racetrack, at the racetrack's expense,” said McGovern. “HISA has compensated Regulatory and Association veterinarians to enforce HISA regulations. Those expenses are billed back to the racetrack.”

HISA has also entered discussions about the ongoing shortage of equine veterinarians, but any plans resulting from those discussions would involve longer-term solutions like incentivizing current veterinary students.

Read more at the Thoroughbred Daily News.

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