New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1908-08-07
SPECIAL POLICE AT THE TRACKS

The recommendation of the Kings County
Grand Jury that the power TO appoint speciai
police be taken away from the racing assocla-
lions raises the question as to what mas peeh
the Governors attitude toward the appointment
of special police He has had the question pc
fore him on various occasions in the form OF
requests that he appoint great many speclaI
policemen. and. although when he nrst entered
Office he did make few such appointments, he
sfterward appears to have adopted a rule to
make no more of them. At any rate. he regu-
larry declines such applications, and last winter
he vetoed a bill providing for the appointment
of a number of such police, accompanying HIS
veto with memorandum which made 1t pam
that in general he deems il bad policy to place
the police power of the state merely Tor the de-
fence of private property in the hands of men
who are responsible only to private employers
and not TO the public But he has never recon-
mended the repeal Of the general provisions OF
the law relating to the appointment of special
police.
The Governor never having taken position
against the employment of special policemen
under any and all circumstances his attitude
toward the Kings County Grand Jurys recon-
mendation would naturally depend upon the
special conditions Of that case. Now, the situa-
ton regarding the special police on racetrack
differs considerably from that On which the
TO appoint special police and in his veto OF
special police bill last winter Ordinarily the
anpIication for the use of the police power by
nrivate CORPORATIONS is for the protection of
their propertv The racetrack officers however,
are not appointed for the protection Of racing
property, but for the enforcement Of the law.
And the conditions Of their appointment create
a peculiar situation, which. despite the opinion
of the Kings County Grand Jury. may work out
TO the public advantage.
Under section 10 of the Percy-Gray act the
trustees of racing associations are empowered
TO appoint any number of special police to see
that there is no violation of the gambling laws.
They have absolute power to appoint or remove
these officers at pleasure. Everything is In their
oyv, hands. Under section II of the same act,
however the trustees made responsible for
violations of the gambling law if 1t can be
shown that they have knowledge Of such viola
tons The effect of the law. therefore. as it now
stands is to give the trustees Of the racing asso-
Citations the power to prevent gambling and alb
soIutely to deprive them Of the excuse that they
cannot prevent it. Under the provisions of
section IL they are not liable unless they know
of the violation of the law. If they do know
they can be held, and If they plead ignorance
they are empowered by the law TO appoint police
and find out the true conditions for they are
vested with absolute authority in the matter
The law as 1t was originally Drawn may nave
been intended TO throw dust in the eyes Of the
people by enabling the racetracks to name the
police charged with discovering its violation.
But stiffened up as the antigambling provisions
now are and with the authorities active, the
special police section OF the old Percy-Gray law
NAV prove something Of a boomerang. The
trustees may be compelled themselves to enforce
a law that was meant TO be dead letter. They
are responsible If they know of the violation Of
the law, and they can hardly escape knowledge
of its violation since they have police in their
employ to detect it and inform them. There
fore even the racetrack authorities whatever
their inclinations might be. seem to be enlisted
in favor of enforcing the anti gambling laws.