Exclusion from Race-Track—Damages—Penalty—Constitutional Law—Police Power.—The act of March 23, 1893, providing that the aggrieved party excluded from any place of amusement, including a race-track, may recover Ms actual damages for such exclusion, and one hundred dollars in addition thereto, is a valid and constitutional exercise of the police power.

Id.—Effect of Express Law.—Such enactment of express law supersedes the mere whim of the proprietor, so that he may no longer revoke personal license of a ticket of admission, subject to mere responsibility for the price of the ticket, and necessary expenses incurred in attending the place of amusement.

Id.—Pleading—Single Violation of Statute—Improper Evidence-Subsequent Exclusions.—Where the complaint charges a single violation of the statute on a day specified, evidence of subsequent purchases of tickets and exclusions of admission, and ejectment from the premises, is wholly without the pleadings, and inadmis* sible. ;

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Id.—Damages for Exclusion—Injury to Business not Considered. —The damages for exclusion from the race-track under the statute, are limited to the deprivation of the privilege enjoyed by the plaintiff, in common with the rest of the public, in attending the place of amusement; and an injury to the plaintiff’s business in publishing a' paper devoted to racing news cannot be considered as an element of damage, and cannot justify evidence of subsequent exclusions from the race-track, other than the one charged in the. complaint, nor instructions touching the impairment of plaintiff’s business.

Id.—Punitive Damages—Penalty not Exclusive—Instruction.—The provision of the statute for a penalty of one hundred dollars in addition to the actual damages, is not exclusive of punitive damages in a case justifying punitive damages; and it was proper to instruct the jury in accordance with section 2292 of the Civil Code that if they found the defendant had been guilty of oppression, fraud, or malice, actual or presumed, they might, in addition to actual damages, give damages for the sake of example, and by way of punishing the defendant.

Id.—Evidence as to Punitive Damages—Wealth of Defendant.— Where punitive damages are claimed in the case, evidence of the wealth of the defendant is admissible for the purpose of graduating the amount which it is proper to award.