My X father in law lived in the midwest when the QH registry was conceived in 1940 and this is what he told me. Horses that met their criteria and requirements qualified as a QH, based on conformation and sometimes bloodlines. Many did not have registered parents, or only one of a traceable line, however, many of the horses used in QH breeding programs such as Old Fred and Joe Reed were suspected of being pinto- Old Fred had high whites up to his belly... Joe Reed had four socks.
Then there was Joker B, one of the foundation Appaloosa sires. His dam, Blue Vitriol, came from Coke Roberds breeding program of Quarter horses. Blue Vitriol was supposedly sired by Brown Dick. Blue was out of a mare that was supposed to be sired by Old Fred, named 'Leopard'. (you would have thought that might have been a dead give away?) But Leopard's dams dam was sired by a horse named Arab, who was an Appy. Shocked that the foal had spots and was not born a QH, he gave the colt to his wife, who sold him for $250 and promptly went out and bought her self a vacuum cleaner!
In 1949, though he was registered with the ApHC since 1946, he became registered with the AQHA Racing Association, based on his pedigree and rodeo history. He was sold the fall before his death in 1966 for $25,000.
By the way, Blue Vitriol has several offspring- five that I was able to find and four are Appaloosa and one is QH!!!! It is a mare named Dickey Duce, who produced several horses labeled as QH's and ONE Appaloosa!! The offspring can be followed from the Appy lines, but they are labeled as QH's knowing that there is Appy in the pedigree. Hmmmm.
Decades later, AQHA still gets sometimes LOUD outcrosses from two "QH" parents!!! Many of the pedgrees on QH's go back to horses that say 'Roberds mare' or something of that nature. Since they were not papered, and some purchased elsewhere, many had unknown backgrounds or were allegedly a great granddaughter somehow of another known horse, but how would anyone know for sure? They were registered and picked from a mish-mash of horses that the creators of the registery said looked like what they wanted as a QH. Many had 'mustang' backgrounds... so what were those? Nobody could know for sure.
So I agree with Matt D- WHAT is making this a breed simply by closing the registry? The QH were still allowing to breed to JC.. so how can a horse that is 15/16ths JC be a QH??? Because they 'earn' the right to be one, according to the registry.
To me, that makes ANY offspring of two registered AMHA horses, an AMHA horse, regardless of how big it is or what it looks like!!! It is NO LONGER a height breed only.
And I agree, somebody with a good attorney is going to get after that......