Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-06-11
New York State Senate Passes
The Anti-Race Track Gam
bling Bills.
NOW RETURN TO ASSEMBLY
As Matter of Routine Will Now
Go to the Governor
For Approval.
SO Ends Most Sensational Legislative
Battle of Many Neutrality-suspicious.
Adjourns This Afternoon.

Albany, n y, June 11.-A legisla-
tive battle which for intensity OF feel
ing on both sides rarely. II ever. has
been equalled in this state came 10 an
end today. when the heroism of Sena-
tor Foelker OF Brooklyn made 1t posi-
BILE to place upon the statute books two
bills, repeating the legri discrimination
which for Is years has protected public
gambling within race track enclosures
while 1t was felony elsewhere in this
state The vote on each OF the bills
was 26 TO %.
me lineup was in general the same
as that in the regular session when The
bills failed of passage by n tie vote OF
% to rs, but since then Senator Wal
lace of Niagara Falls mas been elected
to the seat then vacant by reason of
the death of Senator Franchot and his
vote made the necessary twenty sixth
Senator Foelker who underwent an
operation May 10, for appendicitis and
whose condition for much of the in
terNening time was critical, came up
from Staatsbuhg last evening. the jour-
ney of 60 miles being a severe task
upon his strength. He was somewhat
stronger this morning and was taken
to the senate chamber just as the roll
call on dilitory motion was being
taken. He was plainly suffering from
weakness. and his response when his
name was reached was scarcely audi
BILE. He was encouraged by his fellow
senators with sympathy and on both of
the roll calls on the final passage of
the bills voted with the majority
Afterward hts doctor said:
Senator Foelker stood the ordeal as
well as could be expected. He is ex-
tremely nervous. We have not decided
when we shall return"
Is Senator Foelker in dangerous
condition." the doctor was asked.
No he's not" the doctor replied.
TEST VOTES.
The first test vote in the senate on
the anti-race track gambling bills re-
suited in victory for the measure, 20
TO 20 The question was on an amend,
ment the effect of which would be to
kill the pending bill. Senator Foeiker
was present and voted with the najofi-
ty.
The second bill was passed by the
same vote and the most sensational leg
islative battle of many years was at an
end The bills return as matter OF
routine 10 the assembly where they
originated, but without further vote
they will go to the governor for APP
prevail.
Immediately after the passage of the
gambling bills the senate finance COM
mittee reported the resolution to add
journ without delay at o'clock this
afternoon.
The second bill amends the racing
law, known as the Percy Gray law, by
abolishing betting anywhere within or
without q race track enclosure
HUGHES GRATIFIED.
Gov Hughes said when informed OF
the passage of the bill:
II am deeply gratlfied at this result.
II is victory for law and order, the
Importance OF which cannot be over
estimated"
left his sick bed to cast his vote for
the bills. the governor said:
This act of Senator Foelker In COM
ing to the senate in his weak condition
was most heroic and worthy of the
same praise that We give TO distin-
gulshed service on the battlefield
The governor would not say when he
would sign the bills. but left no doubt
that no time would be lost after they
reached him from the assembly, where
they originated. Both bills take eff
feet Immediately. which, under the pro-
visions OF the Constitution, means 70
days after their approval by the gov
eruor
An of the 81 members Of the senate
except Foelker were present when the
first of the bills was taken up This
was the bin amending the penal code
so as TO eliminate the exclusive pen
atty" under which gambling at RAGS
tracks had been legalized. Senator
Grady moved that the bill be recon-
mltted with instructions TO strike out
the enactlng clause.
GRADY ATTACKS GOVERNOR.
Senator Grady attacked the course OF
the governor In demanding specific leg
isiation In the case OF race track gam
bling and IN asking only for a commits
sion TO investigate stock speculation.
Now the governor knows said Sem
ator Grady, that the law has proved
Intellectual In stopping speculation IN
stocks, but the commission does not ad-
dress any communications to the legis-
lature on the subject; not one word
about the many suicides, not one word
about tho ruined homes and the many
who are In prison by reason or stock
gambling"
Senator Cassidy. Republican. who at
the regular session cast what was re-
Rarded as the deciding vote against
the bills, argued for the regulation OF
evils instead Of attempting 10 wipe
them out
Neither prison bars nor castle walls
can make people virtuous, he said.
A man who has not enough mental
ployer's money and betting II on n
horse race, has not enough strength 20
keep from stealing from his employer
10 buy a satin gown for his wife or for
a pew IN church.
Bills were introduced FOR special pur-
poses rather than from principle, said
Senator cassidy Ia conclusion. ann
untn they ARE put In proper form ] shalt
continue a. vote against them
Senator Wilcox. Republican. vino
also voted against the bills AT the reg
ular session, followed In opposition TO
their passage
Senator Fuelker reached the Capitol
a few minutes before, Senator cohalan
was speaking az the time. Senator Ag-
new had called attention 10 the fact
that Senator Cohalan's time had OK.
pired The latter asked unanimou
consent 20 continue flve minutes, but
Majority Leader Raines said
Under ordinary circumstances
would be glad 10 extend the privl.
ege. but under the circumstances feel
II is my humane duty 10 object"
THE DECIDING VOTE.
After Senator Foelker east his vote
IN favor OF the bin he was taken ont
of the chamber by his physician and