New-York tribune., 1908-04-10
SENDS MESSAGE TO THE
I.EGISI4TIrRE.
To Call Extra Session ard Special
Election IN Senator Fran
ChOt's District.
ChOt's District.
IBy Telegraph 10 The Trtaune.I ]


the enactment of legislation to stop professional
gambling at racetracks. and reminding the Leg
islature that it had not enacted the direct nom
nations bill. the necessary anG important
amendments to the Public Service Commissions
law of last year. amendments to the rapid tran
sit act to facilitate subway building in New
York City. the proposed highway code and sew
eral other of the recommendations in his annual
message Incidentally he recommended the in
vestigation by a commission serving without
pay of Wall Street stock speculation.
At the same time it became known that hs
would call extraordinary session of the Leg
islatUre 10 convene May II. having notion
that all or perhaps any of these affairs will be
attended TO at this present session. He also
will call for May y a special election for
successor to the late Senator Franchot in the
Niagara Orleans district II seems almost GER
tain that with the present bitter factionaI fight
between the Stevens Porter and Wadsworth
Republicans in that territory Democrat will
be elected
Assemblyman Charles F Foley of Niagara
Falls. took prompt occasion 10 announce that
he expected to be a candidate for the Senator
ship in this election. He voted for the anti
gambling bills in the Assembly two weeks ago.
MI Foley is a Democrat and had the support
also Of the Independence League
The Governor Will go TO Watertovvn to-r11or-
row, where he is scheduled 10 speak and frcr,
there to Buffalo, where he will speak on. Satur-
day. There is a general impression here that
he will not overlook these opportunities 70 lay
before the people OF the state his views on the
defeat of the racetrack legislation The utmost
interest is being displayed here in the reception
which his speeches will meet as this will be
taken as an indication of the feeling throughout
the state regarding conditions here
THE GOVERNORS MESSAGE
The Governors message follows:
To the Legislature:
again urge you to enact appropriate legisla.
ton TO abolish the existing determinations in
favor OF racetraCk gambling
The failure OF the upper branch of your hon
- -oTao!e pody to pass the measures designed TO
SIect tHls purpose after their passage in the
rover branch cannot be regarded as disposins
OF the matter The constitution with its per-
emptory mandate. still stands II provides
Nor shall any lottery. or the sale of lottery
tlckets, poolsellIns. bOOkmaking, or any other
kind Of gambling hereafter be authorized or al
lowed Within this state; and the legislature
shaH pass appropriate laws TO prevent Of
FENCES against any of the provisions of this Sec
ton"
The evil of racetrack gambling Aourfshez nor
IN spite OF the law, but because of the law. Leg
lSiatlon pretending TO carry out the constitu-
tIohaI provision IN effect nullhes it. You are
not asked 10 accomplish the impossible or 10
write upon the statute books a visionary scheme
OF moral reform. You are asked tO rid o1Ir law
OF a vicious discrimination whereby offences
equally condemned by the constitution are pun
lshed as crimes if committed in one place and
atty if committed in another
Chapter $40 of the laws of 1895. known as
the Percy-Gray law, pretends in its provisions
win regard 10 authorized racetracks to prohibit
gambling This pretence runs through the act
But II cheats the prohibition by providing that
the only penalty. If no memorandum or token
of the wagers be delivered. shall be Iia bilitv 10
civil suit for the money lost II ever it was
supposed that this was an appropriate law Tc
O1TeQCeS ed in
ton no one now cheTishes the Illusion II IL
a mockery of prohibition. and pOolselIing and
bookmakIng flourish at the racetraCks as rbOugb
they We're legally authorized. Not only is mis-
the result but the enforcement of the law else
Determinations.
1t is not question for the Legislature whether
thls vice should be permitted or regulated
Cnder the constitution the Legislature has no
right to permit il to regulate it, The Deonis
have Spok Ii upon that question. You are askefI
TO make existing prohibitions effective. Instead
OF virtually protecting poOIsellins and hook
making upon the rdCetraCkS-inStead of favor
ing them and subjecting them 10 an inadeGuata
penalty-the law can and should effectively
prohibit them by imposing penalties similar 10
those which are visited upon Identical offences
elsewhere
The demoraiizing Influences and the menace
10 the welfare OF the state which are involved
in the continuance of this evil are obvious
sun more important Is the necessity OF vim
diCating the fundamental law of the land and ~
demonstrating that this is d state where Law AMI
order prevail and where no interest is pOvrarfr,I
to keep on the statute books deceitfuI provisions
whereby prohibition becomes profitable license
and favored class of Law breakers are az
forded substantial immunity.
Respect for law is the security of our govern
ment. and the guarantees Of the rights ~
liberty and property viii not long avail If the
people are taught u view the constitution with
contempt
l therefore urge you TO discharge manifest
duty and 10 end the Determinations in favor
Of racetraCk gambling which Cupidity inspired
and now seeks 10 maintain.
also urge upon YOU the Importance of the
PD1 TD1pU laF0 rha adj
honorable body Of suitable legislation with re-
gard 10 the following matters.
Provision for such additional amendments to
the law may be needed 70 secure the proper
conduct and adequate supervision OF hanks and
trust companies and their economical Hquida-
tion in accordance with my former reconlmen-
dationS
Amendment of the primary election law So
To make proper provision for direct nOrnira-
tions and an official primary ballot in suitable
form
sions law substantially in the manner recon-
mended as the result Of the experience % the
commissions. and also fov the purpose Of provid-
ing regulation Tor telephone and telegraph
Amendment Of the rapid transit law for the
purpose cf factlitating under adequate restric-
tionS in the public interest. the building OF sub
ways in the city OF New York
Amendment Of the law as - consolidate
our highway statutes and provide a suitable
highways
Abolition Of the commissioners of quarantine
ana the devolution Of their duties upon the
Health officer Of the port of New York
Reduction Of the number OF port warlens Of
the port of New York from nine 20 i've
Provision for more economical system ~ ap-
praisins lands taken for canal Improvement
There are also questions which il is inlpCr-
tant should form the subject Of authoritative in
FeStlgaton- They are closely related % the
welfare Of the people ard cannot be dealt with
satisfactorily unless the conditions are accu-
rately known and carefully studied