New-York tribune., 1907-03-20
HITS PERCY-GRAY LAW.
Jerome Writes Letter to Ignerc To
Be Read to Committee.

District Attorney Jerome wrote letter TO Senator
hgnew yesterday in euppor: Of his gambling bills.
and asked him TO read It 20 the Committee on Codes
81 the Legislature today. Tha letter after express
sng Mr. Jeromes regret at being unable to appear at
the hearings OF the bills on account of the Thsw
trial goes TO cite the prosison of the State Con
stution which requires members Of the Legislature
TO maintain its mandates and also that which
forbids gambling. Then Il says that no intelli-
gent man could suppose that the Percy-Gray law
IS honest effort to carry out tie latte: section
The letter follows:
II The committee win permit / should Ike this
letter he read expressing IN brief my position
ia regard Ia these measures
article XIII section + or tho ronstitutioa OF the
state provides: Members of the legislature =.
Offices take the Following oath or affirynaI ma,
ton: I do soerny swear (or attrIa9 @ eaa. WA Wlli
support the Constitution Of ne tnlted -iy ll
tho Constitution OF he state ot NeW ,i ao' NJ NJ
and LAT ~ faithfully disesaTsf esfor @ as o the case
nav bel according 10 the best Of my aFlilty-
,t IS ese sesTas1E sShtor ana ana Ass Asse@byna should
the plain mandates Of The Constitution OF Ii'S 10
Of, Of New s NoTs i,i,, and dafb 'at II ne i''S 10
hrticia ! section 3, Of the Constitution Of tnS
s1 -ns oS iotter1 or the sale of lottery tickets
poolseiiing hookInakinc or any other kind OF sam!
this state; and the legislature shall pass aPI az ne
pr1Slis pproTisions dSs Of 70 ts RFse5ti ssetion Ss'
n any man believes that the so-cST1 soI Of Sec
ton S5 Of the Penal Code represents an ~ l'iT ,bo
effort 10 carry INTO eITeCt iillS prov lSl't
Constitution hts intelligence is so limited that II
would be useless 10 argue with MIN -,
do not believe that there can be found I9-das
in the Legislature of the State Of New York IN
either branch. 2 member who will say upon MS
honor as a man that the so-called Percy-Gray @ laW
and Section 35 OF The Penal code, IN us preseio en-
.orm. constitute an honest effort TO carry ouI 'le
inhibition OF the Constitution Of the state.
Tie bills YOU have introduced emnody an noEest
effort 10 carry out this provision 81 the Consut-
tioD, and would. believe. II enacted into Jaw '0
effective to this end. ~,
II nothing else is 6or~, At least Sectlon ooI ~
the Penal Code should he so amended as 10 ma MAKE
1ts violation a miSdenearor- This would 6iiNe d
district attorney chance 70 get some IolaIoiis i >
into jail Tor az least short time. Fines are ON!
an Indirect system Of license. and the present
minimum Imprisonment Of one year IN state
prison and the offence being a felony. is SO
severe a punishment that courts will not inflct
imprisonment and public opinion would not sup
port them in giving mere card hanger IN a a poor
room a sentence Of one year in state prison
Those who oppose such amendment are ms
guided when they think that change 1loln ielohE
10 misdemeenOr would embarTass the oincerS OF
the law in enforcing tho provisions or Section sol
Penal Code. I probably have had a wider eNpert-
IN the enforcement Of this statute and especi,
aily by raids" than any one IN TINS STATE alH
after careful reflection can SEQ no way IN wilch I
such change would embaTrass the police OF us
grlct attorneys in enforcing the law.