The sun. [volume] (New York [N.Y.]) 1833-1916, 1908-04-02

obieoted 10 having tle Dill teihPOiaiiy lalu
ssEde after a conference with Senator
ATmstronR. Senator Agnew consented to
take up this bill and II was debated !or
EIGHT hours. The galleries were crowded
and avery available foot Of space on the
Aoor Of the Senate chamber that spectators
could crowd in was occupied.
Senator Agnew made a surprising state
ment in closing the debate. He said hat
the Senators had taken the oath OF ONCE
10 aiIpport the Constitution and they could
not do 90 and vote against his bills. Senator
Cobalan Oammany) asked II the Governor
had not been reCreant a year ago IN not
recommending this legislation.
Il have spoken with the Governor about
this replied Senator Agnew, and he in
forms me that last year he was on the point
Of submitting a message to the Legislature
on this question. hut did not reach the point.
The defence of the racetrack fell upon
: Senators Grady and McCarren and IN their
speeches they appealed to save the racing
game. Senator Grady took occasion to
~critioise the Governor most severely Tor
the position he had taken ON the bllls ana
especially for going through the state APP
pealinR to the people q force the Leglslo-
tnTe 10 pass the Agnew-lIart bills. He said
there was no more Justification for the Gov
ernor perambulating through the counties
unfolding his recommendations against
possible legislative action than Tor legs
lators going from town To oNn Crltlclslhg
the actions Of the Governor.
The Senate" he said, rs something more
than a monograph for the chief executive
and Il should not be imagined under our
constitutional ~prerogatiyes that the Senate
should snee.e when the Governor takes
snud. wish the Governor had been a
little fairer on this question at that.
As Senator Grady said this there was a
sound which was suspiclOJlsly like applause.
something unusual IN the senate lie
paused aud while doing ~ q messenger
entered the chamber bearing Il large floral
horseshoe. which was placed on the desk
Of Senator McCarrpn amid the laughter Of
tho Senators.
Il hope there hasn't been any mistake
In placing the horseshoe, remarked Senator
Grady.
IL was a token from the Kings County
Democratic club TO Senator MCCaTren.
later In the day the horseshoe fell on the
desk. and the advocates Of the PerCy-Gray
law shuddered and wondered whether this
was an omen OF evil,
Senator Grady endeavored TO show that
through the repeal Of the PercyGray betting
law racing in this State would be wiped out,
and criticised the people who were behind
the legislation.
Senator Agnew replied that the people
behind the bills vera not opposed to racing,
7 but Senator Grady replied that such 4 bold
abatement as that was foolish, for without
betting there would be no racing.
Senator Grady took Gov, Hughes 10 task
for saying that the Percy-Hray law was an
evasion Of the Constitution,
HE belittles himself" said the Senator,
sas a lawyer and as a Chief Executive when
he SAYS that the public conscience will not
tolerate such Z. distinction ~ ls made by
the PerCy-Gray law. tie would not dare
TO utter those words before a lar association,
for he can 20 through his Penal Code and
find a hundred similar distinctions.
Senator Grady accused the Governor OF
irving 10 becloud the minds Of laynen re-
gerding the provisions If the law, and
referred 10 the decision Of the Court of
Appeals declaring that the Legislature had
acted within its rights and had not eyaIed
the Constitution in passing the Percy-Crly
law. He wanted to know why the Governor
wa silent on stock gambling, and aid that
IL was Wall Street that was running the
people Of the country and not racetrack
gambling.
Eve hear" he continued, that tue Gov
ernor will oall an extra session il We do
not pass these bills or pass them NJ he
wants them. | would like TO look In the
face OF q Governor that dares to carry
out that threat. II the Governor continues
TO interfere in the prerOgatives Of the Leg
islature he may some time be In the position
OF the man WIN Nb'h bNA'' wv WV
hind legs of a mule
Senator McCarren followed with an ex-
planation OF what the PerCy-Gray law
did and the benefits that had arisen from
Il. He said that il the law was repealed
poolrooms would spring up all over the
State, for racing would go on IN other States.
He enumerated the tracks that are ~ oper-
alton while the Metropolitan tracks are
closed,
As a result Of these winter tracks"
he said. you can e. now end could 60
for the past six months into one hundred
poolrooms in New York City and bet "a
much as you wanted to on races at those
tracks. This bill should be entitled an
act for the propagation OF poolrooms
Senator Agnew wanted 10 know from
Senator McCarren why il was that Police
Commissioner Bingham had said that while
the METROPOLITAN tracks were running the
New York City Police Department had
more trouble than ever with Tive pOOlrOOms.
SThe Police CommissiOper Of New York
city replied Senator McCarren, hasn't
been in the city long enough to know his
way around town. Inc Ponce '"inmis-
sioner as a public official Is the greatest
Joke in the United States. The police add
ministration Of New York city is u farce,
an absolute farce. II isn't safe for Il woman
20 20 on any Of the streets on either side Of
Fifth avenue after II O'Clock at night" lie
declared that all that Police Commissioner
Bingham thought his force waf for was
10 suppress sOme one who wanted TO make
n bet or TO run a book, and he asked II the
Commissioner had broken up any Of the
Black Hand bands or had prevented The
city from being terrorized by burglaries.
Senator Fuller wanted to know why II
Was that the Penal Code amendment was to
take effect on September / and the repeal
Of the Percy-Gray betting law to take
effect Immediately. He wanted 10 know
how the two proposed statutes could be
reconciled, for il the Percy-Gray law was
repealed gambling on a Tacetrack until
September | would be a misdemeanor, while
after that date II would he u felony.
Senator McCaTren said that he would
much prefer TO have gambling made a
felony, declaring that there was not a Jury
In New York who would convict a man
for gambling, for the penalty would be too
severe for the offence. He would like 10 have
gambling a capital punishment offence,
and said that II the Senators would listen
10 their own convictions there would he
but few who would vote TO repeal the law.
There are many who can be convinced"
he said. but they are afraid Of theft con-
stituents. They are thinking Of the circular
they received this morning. Why, ! re-
ceived one myself this morning, and from
a settlement worker in my Assembly dis
trict, but he is such a poor writer | cant
make out his name.
The Senator read the letter, which was a
request that he vote for the Agnew-Hart
bills.
but, said Senator Agnew, he has a P S.
attached and he says / am not a humor-
let. The reason write you is to please a
young lady
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