The Washington herald., 1908-04-07

conditions, it would be unconstitutional its face
II any one really desires 70 inaurrae the policy Of
regulation Of gambling let him try 20 secure con
stitutionsl amendment. bat let bim not ty 70 trick
the constitution and seek 70 nullify it by deceitfa
legislation.
The Percy-iray act requires every corporation hav-
ing race track 10 post conspicuous notices that
pooiselling bookmakinE and any other kind Of gam
bling are prohibited Is this a regulating statute
Why does the act require that such notices should
he Published! simply because the constitution Of
the State provides;
Nor shah any lottery OF the sale Of lottery tickets
p07l-selling b0okmaEng or any other kind Of gam
bling hereafter be authorized OF allowed within this
State and the legislature shsll pass Appropriate
laws to prevent ofensss against any o. the pgo7i-
sions Of this section"
So the Percy-Gray Law provides for posting pIacsTds
az the tracks that poolseliing and bookmakins
are prohibited. II goes further. II authorizes the
trustees Of the racing corporation 20 employ special
policemen. whose duty It shall be TO prevent all
violations Of laW with reference TO pooseng, book
making and other gambling"
Statute DeceitfuI.
And then comes the croTuing provision ir this
deceitful statute-thst the only penalty for pool
selling and bookmaking at the race tracks provided
that no voucher OF token is delivered shall be the
recovery Of the amount wsgered in civil action.
mus il-etilhA ana NiNhEidhlnk az kNt EhEt AnNh1
are nominally prohibited. while practically because
Of the absence Of proper penalty. they are permit
ted and encouraged, although po7l-selins and book
making elsewhere are punishable felonies
What farce il is What a humbug and pTetensa
10 talk about the wisdom Of & policy Of regulation
! in connection with the Percy-Grsy law and with
regard 20 the enforcement Of the plain provision Of
the constitution Of the State Il was not enlight-
ened policy, but mere svariee. that dictated the
Percy-Gray bill. Whatever they say. it is evident
that the racing interests want pooselling and book
making at the tracks No one has tried 10 clgrtail
racing privileges or opportunities to race hogsss
They post their placards that pO0isellng and book
making are prohibited. We want 90 carry their
notice into effect. Why do they object? Is it BE-
cause they are interested in restricting vice? Is il
because they desire 20 control the eT instincts Of
our nature by some scheme Of regulation7 Go t.
the race tracks and witness the heroic efforts that
/ are made 10 that end No They simply want te
make money, and they desire 10 make it al the ex
uense Of the constitution II the State az the ex
pense Of the manhood Of the State, and without
/ regard 10 the wretehedness and misery that are
spread hy these plague spots Of vicious temptation
Il is question between the suppression q vice and
their p0cketbooks II is question between uphold
ing the constitution and their pocketbooks and tbs
booksellers and b0okmakers are those who profit hy
gambling privileges for their pocketbooks ever
/ time.
| Why Vested Rightsf
Now and then We hear something said Of vested
rights Vested rightsi Under what provision Of tbs
constitution or the laws is there any vested right II
maintaining gambling priFilegesS Are we to rec
agnze vested rights in the profits Of law-breakins
! Or il apparatus. machinery, and privileges for Law
breaking? Does the fact that the legislature ha,
i failed TO impose an adequate penalty for the CON
mission Of an offeRss create vested right 10 con
| tinue in committing the offsnsei
Occasionally We hear men who live By maneursr
ing and chicsnsry who prosper by dark contrvancea
protest against what they call executive usrDatior
when they are brought to open battle ia fair arel
ment. They are not Mortified By deals by the Gun
ming craft Of skilled msnipusatoTs. How much thsJ
are willing TO endure which al honest men deplore
and how keen their resentment when the executive
! LAYS before the people the merits Of the cause ia
which they are interested and the manner IN which
the fundamental law has been eFaded. Il has besn
/ fair field of argument Those interested IN main
tanning gambling privileges have not wanted thell
! champions. But they have bean sadly lacking in
| weapons for an open contest.
splssaials did ths l0sss hsss Of the legislature