# State Ex Rel. Hollywood Jockey Club, Inc. v. Stein

> Supreme Court of Florida · July 20, 1938 · 133 Fla. 530

URL: https://www.frixlaw.com/law-library/cases/3387711

## Case

- **Full name:** State, Ex Rel. Hollywood Jockey Club, Inc., v. Joseph R. Stein, Parks Glover, Frank Rogers, S. J. Hilburn, E. A. Williams, as and Constituting the State Racing Commission, and Said Joseph R. Stein, as Chairman of State Racing Commission, and Said Parks Glover, as Secretary of State Racing Commission, and the Said State Racing Commission
- **Court:** Supreme Court of Florida
- **Decided:** July 20, 1938
- **Citations:** 133 Fla. 530; 182 So. 863; 1938 Fla. LEXIS 1013
- **Precedential status:** Published
- **Opinion:** Dissent by Buford
- **Judges:** Brown, Ellis, Whitfield, Chapman, Buford
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3387711

## Opinion text

Buford, J.
(dissenting).—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.
*554
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 no®n 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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3387711. Public record. Not legal advice.