The Washington herald., 1908-01-02

| @14Danys - l. jan l-GoV. Hughes, Ia
his annual message to the legislature.
transmitted to-day. delivered a sounding
| blow, straight from the shoulder. at race
track gambling in the Empire State. He
| fiayed the existing law as embodying =
most unfair discrimination in favor OF
raee-track owners as against the owners
OF poolTooms- He restated the old argu-
ment that betting IL illegal on one side
Of race-traek fence should be illegal on
the other, and he calls for legislation
which shall rigidly enforce the constitu-
tion's provisions against all alike.
In this the chief executive has unques-
tionably laid the foundation for a lively
and bitter fight. inasmuch as a bill aimed
at the race tracks is sure to be intro
dUced. Moreover. he has anticipated the
! Old argument-which has always been ef-
fective with rural members-that 5 per
cent Of the gross receipts OF the racs
tracks go 10 the agricultural societies OF
the State. This money has been the
mainstay OF the county fairs; but the
governor urges direct appropriations to
take its place. IN this way he hopes to
meet the race-track influence at Albany;
but he probably viii have to deal also
with practically unlimited roll in ths
lobby.
| He also denounces the exorbitant legal
cost obedient to liquidation and insolvent
| banking institutions; urges bringing tels-
graph and telephone companies within
the jurisdiction Of the public service com
missions: once more calls for a simpler
/ form OF ballot and for direct uomina-
dons; warns against ii-corsldered in
surance legislation, and recommends a
new commission to take up and complete
la revised charter for New York City.
| based on the report Of the 1907 commits
sion. which he submits.
The transactions of the treasury dur
! ing the fiscal year ended September .
show a large increase fl receipts and h
net gain surplus amounting 10 S25S6 63.1S.
/ Against Sf5.s95, ,956.92 received from all
sources during the year ended Septen-
I Der %. 1896, the State received in the last
fiscal year Si3,sS0 373.47. OF the increase.
! S7.3 IS is attributable 10 the sale OF
/ bonds FOR canal and highway improve
ments. 10 the canal debt sinking fund
/ account and uuexpended canal appropria-
t tions, and TO the account of trust funds.
Present Financial status.
/ Apart from receipts from fees OF public
/ officers, from State prisons, through state
| institutions on account Of sales. &c. for
expenses Of insurance and banking de-
partments, from sales Of lands, from in
terest on general treasury deposits. and
| from miscellaneous sources. the amounts
raised by taxation aggregated $22,51e,
G5076 Although no direct State tax was
/ laid exclusive Of special tax for judges,
/ stenographers. &c) this amount vas
/ 81. .es7, ,S21. .49 in excess Of the amount raised
in the preceding year.
The income OF S2,4l2 249.75 from record
ing tax on mortgages, the governor says,
is especially noteworthy and fully jUstl-
| fes the expectations OF its promoters
The disbursements during the fiscal
year amounted 10 S29,1l2,6S7.2 .. as against
S30. 90, ,0s6 q in the preceding year. OF
the difference. $3.50. 0.5l362 are accounted
for in the expenditures for canals. for
highways, in trust fund transactions for
forest preserve purchases redemption Of
Adirondack Park bonds, and on account.
of the new educational building
The available balance or surplus on
September 30 amounted TO SI3,6lSl5s.47, as
against S11 291.4 1853 at the end OF the
previous year. The State debt increased
from S10630660 to S17,230.660, due 70 issue
Of bonds for canal ana highway purposes.
ag =. Gin
the canal and highway debts amounted
10 S9.573.055S1, leaving the balance OF
debt unprovided for S.1L6AN The only
debt maturing during the current fiscal
year consists Of the remaining S30e09
Adirondack Park bonds, which mature
February I.
Blow at Race Tracks.
Concerning. race-track gambling and the
support it has received from the farmer
element which benefits through the eoun-
try fairs. the message says;
As amended in 1885. the constitution
(article 7. section 81 provides: Nor shall
anv lottery or the sale Of lottery tickets,
poolselling. bookmakiDg, or any other
kind Of gambling hereafter be authorized
or allowed within this State; and the
legislature shall pass appropriate laws to
prevent offenses against any OF the pro-
visions Of this section.
Following the adoption OF this pro-
vision the legislature tn 1895 amended the
penal code tsection 351) so as 70 make ie
a felony 10 engage in poOi-selllng or
bookmaking at any time OF place. or 20
record bets or 10 keep or occupy any
place or stand for such purpose It made
an exception, however, Of cases where
an exclusive penalty was otherwise pro-
vided
"At the same time. By the so-oaIled
racing laws (laws of 1925 chapter so,
sections 1913 a different and exclusive
penalty was provided for bookmaking
and pool-seiling on authorized race tracks.
provided memorandum or token Of the
bet was delivered This exclusive penalty
consists of the forfeiture of the amount
wagered. 70 be recovered Ia a civil action.
ON writing foT the Court of Appeals
with reference to the construction OF
Continued ON Page 3, Coiuma 2
Prices of All Kinds Lumber Tumbling.
Frank Libbey & Co. 6th * Ne" YORK ave,