The Montgomery advertiser., 1908-04-10
A SPECIAL MESSAGE
GOVERNOR HUGHES REVIEWS HIS
 RECOMMENDATION
Wanfs Enactment of Antt-Racc Track Legislatfsn asd Eight Other
 Propositions Which He Nfs C0nsider. Important.

Albany, N. T.. April s.--Fofowins the failure of the Senate last night to pass the anti-race track gambling bills. Governor Hughes today sent to the Legislature message renewing his recommendation for the enactment of this legislation. and asking Tor the enactment of eight other propositions now pending before the Legislature. The Recommendations include:
 The passage of appropriate lesisia- tf0n to prevent the present so-caiied discriu,ination of the Percy-Gray law. which practically iegalizes gambling on race tracks. .. banking methods. Direct primary nominating elections.
 Legislation which will place tele- rbone and telegraph companies under the jurisdiction of the Public, Service Commission. t
 Tbe massage of bills which will fa- cIlitate construction of subways in New York City. ess
 The Governor also urges fnvesti5a- tion by, commission of:
 First--wall Street speculation.
 second-The question of immigration.
 Third-The question of unemployed in this state, and
 Fourth--The relation of the inferior courts to certain criminal procedure.
 Relative to the Hart-Agnew bills the Governor fin his messsge says:
 T again urge you to enact approprf- discriminations in favor of race track gambling.
 The failure of the upper branch of your honorable body to pass the e-meas- ures designed to effect this purpose after their passage in the lower branch can not be regarded as disposing of the matter. The constitution. with its pereu.ptory mandate. still stands.
 ~The evil of race track gambling nourishes. not in spite of the law. but because of the law. Legfslation' pre- tending to carry out the constitutional provision in effect nullifies 1t. You are not asked to accomplish the impossi- ble or to write upon the statute books a visionary scheme of moral reform. You are asked to rid our laws of vi- cious discrimination whereby offenscs equally condemned by the Constitution are punished as crimes as if commit- ted in one place. and are encouraged by the absence of suitable penalty if committed in another.
 "Chapter 37o of the laws of 1895. known as the PercyGray laws, pre- tends in it's provisions with regard to authorized race tracks. to prohibit gambling. This pretense runs through the act, but 1t cheats the prohibition by providing that the only penalty. if no memorandum or token of the wagers be delivered. shall be liability to civil suit for the money lost. If ever it was supposed that athis was an ap- propriate law to prevent the offences mentioned in the, Constitution no one now cherishes illusion. It is mock cry of prohibition. and pool selling and ALA q aax,r rf,t. nk- n. tracks as though they were legally au-, thorized. Not only Is this the result, but the enforcement of the law eise- where is embarrassed by these undenl- ocratics observation-disclosures. s k,fse
 'It is not a question for the Legis- lature whether this vice should be per mitted or regulated. Under the Con stitution the Legislature has no right to permit 1t or to regulate it. The people have spoken upon that question. You are asked to make existing pro- hibitions effective. Instead of virtual ly protecting pool selling and book making upon the race tracks--instead of favoring them and subjecting them to an adequate penalty--the law can and should effectively prohibit them by imposing penalties similar to those that are visited upon Identical sofr fences elsewhere.
 'The demoralizing influences and the menace to the welfare of the State which are involved in the continuance of this evil. are obvious. Still more important is the necessity of vindicat- ing the fundamental law of the land and of demonstrating that this Is a State where law and order prevail. and where no interest is powerful enough to keep on the statute books deceitfur provisions whereby prohibition be- comes profitable license and a favored class of law breakers are afforded sub stantial immunity. Respect for law is the security f our Government and the guarantees of the rights of liberty and property will not long avail if the people are taught to view the Constitution with con tempt.
 "I therefore urge you to discharge a manifest duty and to end the discrim nations in favor of race track gamb-