Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-04-10

ton that a lull would follow the storm
of yesterday in the Legislature when
the Senate by a tie vote defeated the
anti-race track gambling legislation
desired by Gov. Hughes, was dispelled
at the opening of the session this
morning in dramatic fashion. Hardly
had the houses convened before the
secretary to the governor marched up
the aisle with a communication in
writing from the governor" When read
in each house, the communication"
proved TO be a special message, couch
ed in the governors most direst and
vigorous style, declaring first that yes
terday's vote in the Senate could not
be regarded as disposing of the anti
gambling question and calling atten-
ton to several other matters upon
which the governor believes the Legis-
lature should pass before final adj
journment.
The governors message is as follows:
"To the Legislature:
II again urge you to enact appro-
pirate legislation to abolish the exist
ing determinations in favor of race
track gambling.
The failure of the upper branch of
your honorable body to pass the meas
ures designed to effect this purpose at
ter their passage in the lower branch,
cannot be regarded as disposing of the
matter. The constitution, with its
peremptory mandate, still stands. 1t
provides:
"'Nor shall any lottery or the sale
of lottery tickets, pool selling. book
making or any other kind of gambling
hereafter be authorized or allowed
within this state; and the Legislature
shall pass appropriate laws to prevent
offenses against any of the provisions
of this section
1.-The evil of race track gambling
flourishes not in spite of the law but
because of the law. Legislation pre-
tending to carry out the constitutional
provision in effect nullifies it. You
are not asked 10 accomplish the I'M
possible. or to write upon the statute
books visionary scheme of moral
reform. You are asked to rid our law
of a vicious discrimination whereby Of
lenses equally condemned by the con-
stitution are punished as crimes if
committed in one place and are en-
couraged by the absence of suitable
penalty IL committed Ill dIlOlIlSI
"Chapter 80 of the laws of 1885, known
as the Percy-Gray law, pretends in its
provisions with regard to authorized race
tracks, to prohibit gambling. This pre-
tence runs through the act. But it
cheats the prohibition by providing that
the only penalty, if no memorandum or
token of the wagers be delivered, shall be
liability to a civil suit for the money
lost If ever it was supposed that this
was an appropriate law to prevent the Of
fences mentioned in the constitution. not
one now cherisnes the illusion. 1t is a
mockery of prohibition and pool selling
and book making flourish at the race
tracks as though they were legally au-
thorized. Not only is this the result but
the enforcement of the law elsewhere is
embarrassed by these undemocratiC dis
ordinations.
ct is not question for the LeSisla-
ture whether this vice should be permit
ted or regulated. Under the constitution
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 prohibition effective. In
stead of virtually protecting pool selling
and book making upon the race tracks
instead of favoring them and subjectlng
them to an inadequate penalty-the law
can and should effectively prohibit them
nv imposing penalties similar to those
which are visited upon identical offences
elsewhere.
."rhe demoralizing influences and the
menace to the welfare of the state which
are involved in the continuance OF TINS
evil are obvious. Still more important is
the necessity of vindicating the funda-
mental law of the land and of demon
strating that this is a state where law