Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-14
AN ATTACK ON RACING
Change in Percy-Gray Law is
to Be Urged.
BIG SUPPORT IS SURE
Strenuous Efforts to Be Made to Pass
New Law.
MANY VICTIMS TO LINE UP
Mothers, Fathers, Sons and Daughters
Will Help in the
Fight.
MANY VICTIMS TO LINE UP

NEW YORK. January 1.-THE heaviest
shot aimed at the Belmont racing trust
since 1t attained its present power in this
state will be fired at Albany today
An amendment to the Percy-Gray racing
law, which has operated to make gambling
on race track beyond the reach Of the
authorities, while bookmaking or wagering
on horse races any place else constitutes
felony. will be urged
If the law is changed as proposed-and
tremendous pressure will be brought to bear
betting race tracks within the state
will be stopped. and running races as effec-
tually killed though the law prohibited
racing itself.
Reformers Expect to Win.
Strongly entrenched as racing is in New
York. with millions of capital invested in
plants and thoroughbreds. and with unlim-
tied capital back of the Belmont confed
eracy. the element opposing present condi-
lions expects to bring strong enough influ-
ence to bear upon the legislature to amend
the law and stop race track gambling.
But the Belmont and other interests. with
SO large a stake at issue, have not been idle
against the reformers, and an active lobby
is already the field to urge stand
pat policy the part of the legislature
with regard to the Percy-Gray law and rae
ing as at present conducted under the ad-
ministration of the state racing commits
sion. of which Representative Wadsworth
is chairman.
The fight will be a notable one and filed
with interest to the people of the state.
On the side is arraigned the thousands
who have suffered from the evil effects of
the race UNDERSTANDINGS, fathers. wives and
children. They see nothing but the degra-
daticn and misery brought to them through
gambling at the race tracks. They know
only the poverty which has come to them
through unwilling contributions to the sup
port of the sport of kings" and the racing
autocracy of few millionaires who find 1t
profitable.
Assured Powerful Support.
In their support will appear fair-minded
men of all classes. lawyers and law Of
ficers, who have never been able to recon-
Gle the legalization Of gambling inside an
Enclosure where certain men are permitted
to hold races, and making 1t felonious
crime outside Of such Enclosure.
Against these interests appealing for re-
lief appear the Belmont racing trust. its
agents and satellites. Their most potent
argument for a continuance of the present
law is that the race tracks about New York
furnish hundreds of thousands Of dollars to
the fair associations of the different coun-
ties of the state to help them improve the
breed Of horses and cattle, promote interest
in agriculture and make a holiday for the
people.
lney use the lnSlUlOuS argument 10 Lie
representatives of the counties outside Of
Greater New York that the people whom
they represent in the legislature never feel
any of the evil effects of racing, but only
the good that comes from the generous do
nation of a part Of their gross receipts by
the various racing associations.
Watchful agents of those who believe
the present status of race-track gambling is
farcical will be present in Albany to further
the interests of the reform legislation and
further to expose and check the work of
the race-track lobby wherever 1t Is possible.
1t will also be proposed to give from
the state treasury sum equivalent to
that now paid over by the racing associa-
tons for distribution to county fair asso-
Citations, etc. for the same purpose. in the
hope of gaining support for the proposed
changes in the gambling laws but whether
this will meet with general approval is
doubtful question.
Among those who will appear before the
legislature to champion the reforms is Dis
trict Attorney Jerome, who has had expert
ence with the operation of the present law.
and has found 1t difficult. under present
conditions, to successfully prosecute viola
tors of the statutes against gambling
Amendments are to be asked to the Percy
Gray law, passed in 1895. under which gam
bling on race tracks has been carried on
since its enactment, and to section 351 of
the penal code. which follows the provisions
Of the state constitution prohibiting gam
bling in any form.
These amendments will make bookmaking
y,
remove immunity from those who accept
wagers at race track and who have
shielded themselves under the Percy Gray
law.
Regarded as Too Drastic.
The object in reducing the crime of book
making under the general law against gam
bling, under which the keepers of pool
rooms have been prosecuted and which pro-
vides penalty of two years Imprisonment
or a fine of $1,000. Is that the law Is gen.
orally regarded by judges as too drastic
and they will seldom impose such a harsh
sentence for the violation Of the gambling
laws Of the state. Conviction of a felony
carries with it a forfeiture Of citizenship,
and jurists, 1t is said, consider this a pun
ishment disproportionate to the crime
misdemeanor carries with 1t no forfeiture
of rights of citizenship, and the punish
ment will be fixed at one years imprison-
ment or a $500 fine, or both.
The loophole through which bookmakers
at race tracks have escaped the drastic
punishment of the law against gambling Is
the provision In section 351 of the penal
code. which states that the punishment
provided against violators Of the gambling
laws Is applicable except where another
penalty is provided by law"
Another penalty. 1t has been held by the
courts, is provided by the PercyGray law.
which states that a person who accepts
wagers at a race track forfeits the value
Of the money or property wagered, which is
recoverable by civil suit. This penalty
does not apply to any one wagering on a
horse race outside Of race track. In the
latter case the general statute against gam
bling applies. and such person is guilty of
a felony, punishable by fine and imprison-
| ment.
Annapolis Did the Canceling