The Washington herald., 1908-01-02


from this he may bet, wager, and sell
pools on the races and record and register
the same free from other liability than
the civil penalty
The constitutionality of this dlscrmi-
nation has been upheld by the Court OF
Appeals upon the ground that in carrying
out the provisions 0f the constitution II
was in the discretion of the legislature to
fix the penalty, and that IN the cases
specified the legislature could make the
penalty simply ii forfeiture of the bet. to
be recovered in a civil action. The ques-
ton for the court was simply one of
/ legislative power.
Urges Equality for All.
a different question. however, is pre-
of its discretion. and that is the question
of legislative policy and of a substan-
tial, and not a mere technical compliance
with the explicit constitutional provision.
The constitution makes it the duty Of
the legislature 10 enact appropriate laws
20 prevent pool-selling. bookmaking. and
other kinds of gambling. Experience has
| accomplished the purpose which the con-
stitution defines. The evils and demoral-
/ izing influences. and, It may be added. the
| economic waste at which the constitution
aimed, exist under the law, and. in fact.
/ are stimulated and increased through its
! provisions. The discrimination in penal
! ties now existing rests on no distinction
/ that is JUSTIFIED to the popular mind.
/ Public sentiment is against such arbitrary
/ distinctions, with the result that the laws
against gambling outside OF race tracks
/ have been defied, and the administration
/ OF the law has been brought into con
| tempt.
The constitution makes no exception
! Of race tracks. / recommend that the
! legislature carry out the clear direction
4 of the people without discrimination. In
/ connection with the repeal of the exist
/ ing exception. / recommend that the
/ OfIenses described in section 81 of the
( Penal Code should be punished by impris-
onment. and that the alternative of fines
should be abolished
| The racing law provides for a tax Of 5
/ per centum upon the gross receipts at
| trotting and running race meetings which
under the agricultural law becomes part
/ Of fund FOR distribution each year
among various agricultural societies in
| prescribed proportions.
/ In order that there may be no diminu-
tiOn of the support upon which these So
| cieties largely rely, appropriations may
I be made for their benefit TO the extent
necessary TO secure TO them amounts
substantially equivalent 10 the sums they
hitherto have received. It is better that
/ they should be supported directly than
that the State should derive a revenue for
this purpose through an indefensible par
tiality in the enforcement of the funda-
mental law"
Financial Crisis.
The message says. in relation to the
financial crisis:
Recent events have demonstrated the
necessity of providing effective means
for preventing the exploitation Of banks
and trust companies and the acquisition
and use OF a control OF a number of
institutions 10 facilitate selfish schemes
opposed to sound banking If suitable
restrictions are imposed in explicit form
and with appropriate penalties, ensurIng
adequate knowledge and proper action on
the part of the board Of directors with
regard TO loans and other transactions;
preventing the deposit Of moneys of one
institution with another in order that the
officers. directors, or stockholders Of the
former may obtain desired credits from
the latter; limiting the mount which may
be loaned by any bank or trust company
upon the stock Of another financial insti-
tuition; reducing the amount which may
be loaned upon collateral TO any one in
ieresti and erecting proper safeguards
against loans and investments in aid OF
schemes Of promotion represented by un-
marketable securities; and if, in addition.
suitable means aret provided for the en-
fOrcement of the rulings of the superin-
tendent of banks with regard to improper
or unsafe practices. the security OF our
financial institutions, and the confidence
which springs from Just reliance upon
their proper management, viii greatly be
strengthened.
Public Service Commissions.
''The public service commission law has
provided for the investigation and re-
dress Of grievances in connection with
the operation Of railroad, gas. and cleo
trical corporations The necessity of
having such an administrative board with |
adequate powers so that complaints NAV
be heard and determined upon their /
merits and that there may be suitable 1
machinery for enforcing the rules Of law
requiring impartial and proper service /
upon reasonable terms, according to the 1
exigencies of each particular case. can /
not be gainsaid. No change is suggested |
In policy or structure. but such amend /
ments as experience may show to be ad-
visable to improve the text, 10 facilitate
or more fully 10 carry
out the intent of the act, should be sup
Piled
Il recommend. however, an enlarge
nent of the scope Of the act. In view of
The tasks TO be assumed with respect to
already under supervision. It
was not thought best at the outset 20
extend the act to other corporations. 1t
should now be extended to telephone and
companies. and they should be
brought under appropriate regulation as
70 rates, service, and other matters, SINH
ar TO that which obtains in the case of i
ne corporations at present subject TO the Il
aw h
1t is not advisable that separate COM Il
MISSIONS should be created; efficiency Il
md economy win be promoted by concen- II
ration OF supervisory powers. The in II
creased labors OF the public service COM II
Missions may be met by suitable depart
mental organization. But TO avoid the II
of the commissions when
organization is being perfected and pre-
edents in various classes of cases are II
,eing established. recommend that this
extension of Jurisdiction shall take effect Il
N October !, 1893
Primaries and Nominations.
THE urgent need for primary reform
S generally recognized. There is wide
Inference between effective organization