Armstrong Racing Publications v. Moss

In spite of the length of the trial and the avalanche of exhibits, augmented by exhaustive memoranda, the problem proposed is relatively simple. In all of these three actions two issues are presented: one of fact and one of law. To fully meet the challenge of the controversy it is necessary to decide as a fact what a “ racing tip ” is, and to determine as a matter of law the extent of the authority of the License Commissioner in regulating and supervising the character and *968kind of publications to be sold on newsstands — to be specific — his authority to promulgate the regulation which reads…