Omaha daily bee., 1908-04-10
HUGHES FOR EXTRA SESSION
Governor of New York Comes Back
at Legislature.
STILL INSISTS UPON PROGRAM
Gambling Bill, Direct Pri-
mary Nominations, wider scope
Of Public Service COmmis-
sion Included,


ALBANY, N. Y, April e.-Governor
Hughes has decided to call special cleo
ton for the election of a successor to the
late Senator Franchot, who represented
the Forty-seventh district. comprising the
counties of Niagara and Orleans. The call,
which probably will be issued today or to-
morrow, will be for May p. There also
was an authoritative intimation from the
executive chamber that an extra session
Of the legislature will be called by the gov
ernor to begin May IL.
The legislature has set April q as the
date for final adjournment. 1t was sug-
gested to the governor that certain oppo-
nents OF the race track legislation had
stated that in the event of an extra session
being called a recess would be taken until
the end of the year. The governor smiled
but refused to discuss the matter.
Renews His Recommendation.
Following the failure of the senate last
night to pass the anti-race track gambling
bills. Governor Hughes today sent to the
legislature a message renewing his recon-
mendation for the enactment of this legisla-
tion and asked for the enactment of eight
other propositions now pending before the
legislature.
The passage OF appropriate legislation tC
prevent the so-called discrimination OF the
Perry-Gray act, which practically legalizes
gambling on race tracks.
Legislation to reform banking methods.
Direct primary nominating conventions.
Legislation which viii place telephone
and telegraph companies under the juris-
diction Of the Public Service commission.
The passage of bills which will facilitate
the construction of subways in New Yorl
City.
The governor also urges investigation by
commission of, first, Wall street specula'
tion: second. the question of immigration
third the question of the unemployed IN
this state. and fourth. the relation OF tho
inferior courts to certain criminal pro
Governor Urges Action.
Relative to the Hart-Agnew bills the
governor in his message says:
l again urge you to enact appropriate
legislation to abolish the existing discrimi
nations in favor of race track gambling.
The failure of the upper branch of youi
honorable body to pass the measures de-
signed to effect this purpose after theii
passage in the lower branch cannot be re
constitution, with its peremptory mandate
still stands. The evil of race track gam
bling flourishes not in spite of the law, bu
because OF the law. Legislation pretending
to carry out the constitutional provision II
effect nullifies it You are not asked t
accomplish the impossible, or to write upoI
the statute books visionary scheme o.
moral reform. You are asked to rid oul
law of a vicious discrimination whereof,
ctfenses equally condemned by the consti
tuition are punished crimes II committed
I'm one place and are encouraged by the
absence of suitable penalty II committed
Chapter $40 Of the laws Of 1905, known a.
the Percy-Gray law, pretehds in its pro
visions with regard TO authorized rac'
runs through the act, but It eheati
prohibition by providing that the only pen
atty, II no memorandum or token of th'
wagers be delivered, shall be liability to {
civil suit for the money lost. II ever q
was supposed that this was apt law Il
prevent the offenses mentioned in the con
sion. 1t is mOckery of prohibition. anC
pool selling and bookmaking flourish a
the race tracks as though they were legally
authorized Not only is this the result
but the enforcement OF the law elsewheri
is embarrassed by these undemocratic dis
Criminations.
ExIstIng Prohibition Inadequate.
1T is not question for the Legislature
whether this vice should be permitted o.
regulated. Under the constitution the legis
lature has no right 10 permit 1t or to reg
ulate II. The people have spoken upon tina
question. You are asked to make existing
prohibitions effective.
Instead of virtually protecting pool sell
ing and bookmaking upon the race track
instead OF favoring them and subjectinI
them to an inadequate penalty-the law car
and should effectively prohibit them by i'm
posing penalties similar to those which ar
visited upon identical offenses elsewhere.
The demoralizing influences ana the men
ace to the welfare of the state which ar,
involved in the continuance OF this evil ar
obvious. Still more important is the neces
Bity of vindicating the fundamental law o
the land and demonstrating that this is
state where law and order prevail ant
where no interest is powerful enough L
keep on the statute books deceitful provis
ions whereby prohibition becomes profit
able license and favored class OF Law
breakers are afforded substantial i'm
munity.
Respect for law is the security of ou
government, and the guarantees of tn
rights Of liberty will not long avail IL tn
people are taught TO view the constitution
with contempt.
l threfore urge you to discharge a mani
| fest duty and to end the discrimination
| in favor OF race track gambling, whicl
cupidity inspired and now seeks to main
| tain.
Governor Hughes recommended the crea
ton OF commission, the members o
which shall give their service without pay
! to inquire into the facts relating to specu
iation In securities and commodities witt
the view OF ascertaining the manner II
which illegitimate transaction may be pre-
vented and legitimate business safe
| guarded"
OcEhN TRAVEL IINAEEEpTEI