New-York tribune., 1908-02-25
The grand total of s17iO,6e2 81 has been PAID IN
by the several racing associations as follows;


The commission refers to the litigation had during
.bo war and in warmest manner commends not
only the breeding bureau OF the Jockey Club but
also the voluntary offering OF prizes by the Coney
Island Jockey Club. the Brooklyn Jockey Ciun,
Westchester Racing Association and Brighton
Reach Racing Association for the direct encourage
Inent of the Improvement of the horse product OF
the state. It praises the spirit in winch THESE
liberal prizes have been offered and believes they
will be appreciated and eagerly sought for by the
breeders of fine horses in every part OF New YORK.
An interesting contribution to the present discus
sion over the Agnevy-Hart bills before the
Legislature is found in addendum, which is as
follows:
.SInce this report was prepared the following
correspondence has taken place between the CHAIR
man Of the Judiciary Committee OF the Senate and
this commission, in reference to certain legislation
proposed the session of 1903. and inasmuch as
the statute provides that the commission snail an
nualy make such recommendations to the L-eglsat-
ure as It shall deem desirable. the correspondence
is appended"
The letter addressed the chairman of the
commission by George A Davis chairman OF the
Judiciary Committee follows:
Senate bill No. 50 Qnt. 2g, proposing certain T ain
amendments to Chapter so. Laws OF loso whlcn pI
is now before the Judiciary Committee, or Wnlch
am the chairman.
Inasmuch as your commission is directly charged
with the administration of the racing statutes,
would be glad receive. behalf of the commit
tee any written statement that You may care 20
submit in respect the desrab bility OF this pro-
posed Legislation.
The answer Of the State Racing Commission fol-
lows:
In response to yogr on & 0G4o in SGSF P6
amendments to CHAPTER 5lO Laws OF 1872 ana IN IN
commission to make recommendations TO the Leg
islature from time to time, the State Racing COM
Prior to the enactment OF the racing law the
sport of horse racing as We'll as 5ne Ddsiiess S l
factory condition. Horses bred for the purpose OF
racing associations We're reluctalt 70 oateL d frrd
tal stakes because the law as II hen STOOD oIieF9
no protection for the investment " Wnen @ MAGE ctd IN
7SaS maj racrg became sport so we'll established
and SO well slfeguarded that it rose to the inpor-
TO tf thousands of people and indirectly supported
industry of thousands more. 1t would be i'm I'M
Various interestsfrom the railroads to the farm
another are affected by racing great amount OF
capital. relying upon the law as at present conSti
nance non oI ana pdc6 breeSne of high class horses
stand alone in the history of such legislation; IL
closely follows the restrictive racing acts % %wnicn
in England and France and other European coun- %
days of restless legislation that some of its pro
trary the fact is that the Court of Appeals has
three times held this statute to be constitutional
under its orderly and successful operation. horse
racing in this state has thriven In every way and
Of observation and protection: and we think that
the millions of dollars of capital invested in rell-
ance upon the statute should not be jeopardzed by
changes which may only reflect a passing senti-
ment Of portion of our population not acquainted
with the real situation.
and by the present law the Legislature has pro-
vided a penalty which has been held to be CON
stutional for the reason that the Legislature at & is
penalty is unusual. On the contrary it is in
conformity with previous legislation the subject.
which has always made forfeiture of the stake
the penalty for wager
It must also occur to any one who takes into
consideration the characteristics and the cOsmopol
itan nature of population that more than likely
the passage of the proposed amendments would fail
to abolish the practice at which they aim
The present racing law was passed after an elab-
crate examination and after many years of
for twelve years. and it is difficult to appreciate
the argument that the capital OF 50 many people.
as well as their recreation should be lost 10 them
through overzealous legislation which seeks to ac
compsh that which other land and no other
law has done hitherto.
To state our views In terse form we submit.
Ffrst-The racing statute 1885, has. In our opin-
ion justified the promises of its promoters. and its
administration has remeded many abuses and has
of racing I'm this state.
Second-In opinion. the enactment of the pro
posed amendments would be a serious damage to
racing and would probably terminate racing within
a short time.
must be provided for betting at a racecourse on
there taking place provided for maintaining
poolroOms is not sound. There scores of stat
utes In this state making a different penalty for
the same act when done in different places Such
distinction in penalty has been repeatedly sustained
by the courts. and Is reasonable and
Fourth-The present statute, in our opinion is q
reasonable and proper statute OF ragula ion in ra
spect OF a problem Of or less difficulty and
we believe TO be wiser legislation than would he
statute of absolute prohibition, under all the cir
cuplstanCes.
The commission therefore believes that tho lau,
as it stands effectually and properly carries ont
IN" pETnoafs Tor which II was enacted. and recon-