New-York tribune., 1908-03-19
HEARING PROVES TAME.
OPPOSITION COLLAPSES.
Dr Parkhurst and Rabbi Wise De-
fend .4nti-Gamblng Bill.
nv Telegraph 10 The Tribune ]

Arh.,v March IS-The practical collapse OF
.,,o, onnasi,ion TO the anti-race track gambling
hills vas manifest at the hearing this afternoon
bcxore the Senate Judiciary Committee on the
pnlv bill of the series which is sun IN coiiiii'
,ee-that amending the Percy-Gray law py
striking out the exclusive penalty unoer WHICH
race.rack gambling has been practicahy Nsdi
azed since 1895.
Scene setting and the hearing itself dhereo
vastly from the two previous ones held before
the Senate and Assembly Codes committees Ihe
effect of the Assembly Codes Committees re-
.,ortins both the Percy-Gray law repeal Dill anu
The Penal Code amendment and the Senate
Codes Committee reporting the Code amend
rnent showed in the attitude of the rae
,,y neonle The array of well dressed
women. bookmakers and distinguished lawyers
Was lacking The enormous throng which
filled every corner of the Assembly cham-
bers at the previous hearings was represented
by scanty row of spectators who could nave
been put into hall room The scenic effect
which had been used to lend emphasis TO argu-
snents for racetrack interests at the hearing
before the Codes committees entirely alb
sent.
That army OF wealthy sporting men and
lawyers who spoke at previous hearings dwin-
died down TO the mainstay of the Jockey Club.
Joseph s. Auerbach, who has fought the bills In
other years. There We're no former Governors
TO defend the racetrack interests. Nor were
INV new arguments advanced against the propo-
sitfon. Mir. Auerbach repeated his criticism OF
the action Of Governor Hughes in giving out
,etters and talking racetrack gambling at
public meetings He traced the racetrack situa-
tion from the Ives pool law. passed in lSS' dis
xussed the meaning of the trainers of the con-
etitution when they said that appropriate laws"
should be passed TO prevent gambling, and dis
eected the decision Of the courts IN upholding
the constitutionality of the Percy-Gray law
II speak with all due respect to the Governor
cf this state when say that his duty is to
recommend legislation said Mr. Auerbach.
Snow. if the Governor goes beyond his constitu-
tionai rights in any way, by special recon-
mendations and messages to the Legislature or
by speeches public platforms. he oversteps
the law which is laid down between the various
branches of the government. Although the
Governor may be right in his view on this ques-
eon his view is no better than that of any other
individual
Bitter criticism directed at the Governor
aecause of his characterization in special
message the Legislature Of the racetrack IN
serests as men who fatten on wretchedness
Edwin s Comstock. of Rensselaer,. represent
fng the State Association OF County Agrieult-
4Irai Societies, and Ass enblyman NortlriI2, rep
resenting the Agricultural Society of Dutchess
County stated that the organizations they rep
resented were opposed to the passage of the
bills.
The new speakers for the bill were the Rev.
Or Charles H. Parkhurst and Rabbi Stephen
Wise Dr. Parkhurst said the question was one
between the constitution and the financial IN
terests of the racetrack fraternits-a very
eifnple question
The constitution distinctly forbids gambling
of every kind. and ii also enacts that measures
shall be passed appropriate TO that statute,
said he Il am not lawyer. and for that rea-
son 1 may be laborinS under an advantage L
read the Englis.l language as other common
reopIe do When I read that appropriate laws
shall be passed think read it with % per cent
pf all the people that laws shall he passed to
stop such gambling"
Rabbi Wise defended Governor Hughes in
glowing terms and attacked the position taken