New-York tribune., 1908-04-17
RACING MEN GUESSING
Annoyed by Strange Calm of Cot
ernor-Cassidy Shoes Alarm.
IBy Telegraph to The Tribune. ]

|
Albany April 16-The strange quiet which Gov
eror Hughes is preserving about his future action
on the anti gambling legislation and the extra seS
/ sion has set the racing forces ana anu
men in general to guessing. While the rest OF t7
| state seems be working itself INTO IeVei o'ei
tho defeat Of the Governors pet project, ms an
! tagonists here cannot understand IL because N
, Governor is not more agtated over his setback
Some OF them are interpreting this calm as
/ danger signal for them and are stralning every
nerve To get their plans into working order 10 KIN
off all the Governors projects in short oroer at '
extra session. Meanwhile the Governor is atteno-
ing strictly TO the of work when a"alts ilii
daily and letting his opponents reap some OF the
| fruit from their planting
This is ripening every day. Senator CassloS'
whose change Of attitude defeated the antl-sa1h-
bling bills is showing the effect OF public senu-
nent most noticeably. While at first ne deciaFed
that he voted against the bills because ne dlo hot
believe they would accomplish anything ne Is no"
seeking TO evade of the consequences OF 'lfie
act bv declaring that he told 10 take tlaI
course by Congressman J. Sloat Fassett- Cas-
sidvs Senate district is in tumuit because o. iS
vote Republicans and Democrats alike are pleoe-
ing themselves Ito honorable means 10
accomplish his defeat, ana SasS4uS 4VO's1i'-
his danger.
A representative group Of business men OF thls
city have about completed arrangements 1or d
mass meeting here Monday night TO protest
against the vote OF Senator Grattan and the atti-
tude OF William Barnes. Jr.. on the 1oVeIno
projects Bishop Doane and Bishop CoadJutor Mel
son are prominent in the movement The Governor
has not yet said ne would speak there, but Inosl
persons believe that is merely because the oe'olIS
have not been completed
The situation Is fast becoming serious on tno
political side. Barnes and Fassett whom CASSIDY
now is putting into the same class are lnnueLl-a1
state leaders the Republican organization IleLl
political anita gonisIn the Governor Is more OF
less Of an old story but their attitude on this
gambling question. according TO the We" taken
here, is making an issue which can De useo
against them fall with telling erect Inc pre-
liruiuarv campaign against their Senators Whlcn
advocates Of the Governors measures no" are
carving on will prove great Service 10 their po-
IiticaI opponents
What will be the date Of the expected extra
session Of the Legislature whether indeed theIe
will be any extra session, are matters eAL-leiS
undecided in the mind of Governor Hughes his
attention was called this afternoon 10 the discus
sion Of the question in newspapers ana aiiIoilS
legislators. and while he would not be quoted on
the subject. II was evident that the Governor
deprecates and regards unnecessary the irrita-
ton which appears 10 have been occasloneo pS
the gossip the subject The developments OF
the few days remaining before the final ADJOURN
ment of the regular session viii control the calling
Of extra session.
The following letter Of Senator Burr. in reply to
one by Chase Mellen. was made public to-day;
am in receipt of your favor Of April 10, ex-
pressing your interPretSon ION % 'T M tS ssne
Hart bills Inasmuch as you have chosen TO send d
he has 1T 10 give this personal letter 10 the
press for publication, I am inclined 10 reply 10
Il is not necessary for you to call my atten-
ton TO my oath Of G9e df ann py 4wdFe Hd IN OF t5s lis
matter. in all matters, have exercised my
I am also quite familiar with the terms Of the
constitution this subject. II you have read
The New York Suns" editorial of this morning
April Is you Will discover that your lnteTpretat99a ION
In the first place. the Agnew-Hart bills they
betting at any place either on or on racetrack
Does the term gambling as used in the consu-
tuition include betting on horse races or on any
pai5 manat Of Fl the 10 consfion concerning which
you s0icitous? II not. why al this clamoT:
law prescrbes for making bet on a horse race is
booPmekinr alone Prohbited Uhder the Agne7-
Hart bills person can bet in the city poolroonls
any offence; he can bet anywhere and at any time
, and on anything; so where is the constitutional
AND now for the moral issue 1t is true that the
outside Of a racetrack the one being punishable by
forfeiture OF ne 5et and the other as felony ne
that this was the most appropriate method Of 0eaI
that the discretion was vested in the Legislature,
and II continues TO be vested IN the L>eglsiaJIIe-
sey (as quoted in The New York sun this morn
ways TO prescribe the extent to which they will go
a particular act shall be prescribed as a crime
And Judge Martin said in the same case in the
terms reposed in the Legislature the power, and and
imposed upon II the duty OF passing such iaws
thus clothing il with the right to consider and
determine for itself what laws were appropriate
and should be passed carry II into effect
Now. what do the bills do so far as poolrooms
are concerned? First, they reduce the penalty
under Section 351 OF the Penal Code for the main
tenance O j pcolroom from felony misde-
neanur. Secondly. they remove the penalty OF a
fine. which might amount TO $4,000, and drop the
duration OF possible Imprisonment from TWO years
to one The result Is that the offence OF maintain
ing a city poolroom instead Of being subject TO In
dictrnent by Il grand jury and punishable by i'm
prisonment in state prison. ts reduced 20 the
grade g. petty n1SdeneanOr and triable before
a magistrate. which might result in Imprisonment
minute in entire suspension of sen
tence hat possible is there for this
lenienCy toward the poolrooms?
Does ii not occur 10 you that honest men may
differ in opinion TO the appropria teness Of this
ton? il that the constitution did not
have in view exclusively betting within raCetrack
Enclosures. II this proposed legislation merely
tends check betting in direction. obviously
tends TO increase II in another and does not even
pretend to prohibit il altogether anywhere. where
is your moral issue your constitutional
issue. the plain mandate OF the constitution
have eudea vored to fairly state the views which
have Influenced my action in opposing the Agnew-
Hart bills.