New-York tribune., 1908-04-20

importuned to put an end to it. Again and
again, under pretence or another. gen.
orally invoking as an excuse their desire to re-
ceiVe those moneys for the encouragement OF
horse breeding by the distribution OF prizes at
country fairs, has the wrong been steadily mann
tanned ana the danger suffered to become
greater and greater. Every year from 1887 TO
1924 have these futile efforts been made The
crime continued on the increase. Tens or thou-
sands of young and women have been
hurled TO their ruin through the nstrumehtantE 1a
of the state that should nave protected theil'
and yet the relief would never come Now here
at this convention and in this presence m
plOTe that end shall be put to II forever.
DO not. you urged. treat this matter
radically. Limit, ii is suggested. the phrase,
olocv of YOUR amendment to poolselling and
bookmaking only, hut do not attempt to restrict
gambling generally. that if an amendment
shall finally have been here adopted, and II per
chance the viii Of the people shall not De ue-
feated. and IL shall be enacted into constltu-
tionaI law. the tricks of the gambler. supple
mented by the aid of able counsel shall suffce
10 devise some other scheme of perpetratns lhe
iniquities in the same way, but under some
other nomenclature. Do not be deceived Hah-
bling has already been made unlaWiul.
PEOPLE ADOPTED IT.
IF any one desires to legalize any one branch
Of gambling by the suggestion of proposed
amendments let us say TO him, Never. never!
No matter from how high a source the demand
may come matter how great the influence OF
The proponent, let us refuse his request lei us
pass this amendment, that once enacted into
law, il may carry out its benefcent purpose, ana
not prove sham and a deceit. Just as " was
reported Jet have this amendment No SUD
Icrfuge. change, no alterations Make no
halfway work. Sweep the whole brood To-
Eether gamblers. booksellers. bookmakers, all
The racing fraternity, into oblivion forever
Mr.. Lauterbach was followed by MI. moore
who referred to the claim that the constitution
might fail of adoption because of the inclusion
of this amendment. He said:
4 am not frightened Mr. President by the
spectre Of 100000 of our gamblers coming up
against The moral elements in this state am
not frightened by any such phantom as that.
believe that If there is any amendpent that
Is devoid Of politics 1t IS TINS. l. ASK MT
President. that the better sense and the moral
principle of this convention shaH come 10 the
-~rescue of this amendment and pass 1t by such
majority as no other measure mas been
The o5nvention then adopted the proposed
amendment 10y vote Of 1903 to 4. 1t was then
adopted al the polls.
Fur despite its explicitness and the determina-
ton of the convention and of the people that
racetrack gambling should have faVOrs. the
Legislature passed the Pfrcy-Gray law the very
next year. Now. the Percy-Gray law did not
pretend 10 license racetrack gambling Those
who drew II were too crafty for that. They pre-
tended 20 conform 10 the prohibition of the con
stitutiou They made the law provide that
notices shall be posted at the racetracks that
peoisellinG. hookmaking or any other klnd OF
81 milling l. prohibited and that such notices
"r placards shall contain a copy Of Section Dol
IF the Penal Code The racing associations
aere authorized To employ policemen whose
duty IL should he ''to prevent all violations OF
law with reference to poolselling. bookmaklng
and other gambling"
PERCY-GRAY LAW FUTILE.
But what is prohibition without penalty?
Th= point is. What viii hapnen if the prohibition
is disobeved2 Here ingenuity showed its ar
listjc work In Section 33l OF the Penal Code.
which WAS to he placarded at the racetracks,
and which made poO!Selng and bOOkmaklng
and The maintaining "i places ana STANDS LOT
registering bets punlShahle ny me or llfprlSon-
meut. they inserted a little clause This little
clause was an exception as follows: Except
when another penalty is provided by law"
And they also added this clause: When an
exclusive penalty is provided by law for an act
hereby prohibited. the permitting Of the use of
or L. a a lFn
shall not he deemed a violation hereof or of Sec
lion 343 Of this code" Section 343 of the Penal
Code provides punishment 10 the keeping Of
gambling places.
Now. nothing was needed to complete the
N"leme hut L" provide an exclusive pehaIlE lor
racetrack gambling, and thus take it out of the
Penal Code provisions. And this was done by
The Percy-Gray Law, which was passed at the
For The Percy-Gray law provides that if GER
tain fornalites such the delivery Of a token
ur memorandum of the bet are dispensed with
The penalty shall be merely a liability TO a civil
suit for the money lost. This penalty. says this
law. is exclusive Of all other penalties pre-
scribed by law
Thus the statute as to racetracRs is fitted to
the exception in the Penal Code. and the trick is
done.
The very fact that legislation Of this sort
stands and has not been set aside by the courts
is the reason why il should he repealed. The
court has held that the Legislature. with its dis
cretion As to penalties. had the power to pass
This law The Court Of Appeals cannot force
the Legislature To pass adequate and effective
laws. Il decides questions Of legislative power.
The question of legislative duty still remains.
As the great iurist. Chief Judge DeniO, in a
leading case I'm the Court Of Appeals once said:
There is room for much bad legislation and
nisEovernlnent within the pale Of the constitu-
1ion- hut whenever this happens. the remedy
which the constitution provides by the oppor-
funity for frequent renewals Of the legislative
bodies is far more efic9o0uS than any which
can be afforded by the judiciary"
CALLS IT A TRAVESTY
It is notorious that The Percy-Cray law does
not prevent racetrack gambling. but encourages
and III effect licenses it. There is no legal acu-
men which destroy that fact or obscure the
duty imposed upon the Legislature as a result
of that fact. The experience Of thirteen years
has demonstrated il. If there were ever any
doubt II has now been abundantly proved that
the penalties Of the Percy-Gray law are ridicu-
louSly inadequate and in practice amount to no
penalty.
This law is a trayesty. Every citizen knows
H. There is racetraCk gambling conducted
openly because the Legislature has said there
shau he no other penalty for il except civil
suit There is the constitution, which pro
hlhts II and says that the Legislature shall
pass laws 10 prevent it, 1t is time that the peo-
lre prevailed over the gamblers. They thought
ineN had when They wrote their Will in the con
sutuuon And now the question is whether the
constitution means anything or shall be exposed
"a open derisiOn-
The bills pending i'm the Legislature put gam
footing They provide for the repeal Of the
lnlquItous determinations of the Percv-CTraly
law and its farcical provisions for an exclusive
penalty Tor racetrack gambling by way of a
civil suit. They eliminate the exceptions in the
Penal Code which were written 10 protect race