Omaha daily bee., 1908-06-12


con iition for much OF the intervening time
was critical, came up from Staatsburg last
evening, the Journey Of sixty miles being
a severe tax upon his strength. He was
somewhat stronger this morning and was
taken to the senate chamber just as the
roll can on a dilatory motion was being
taken. He was plainly suffering from
weakness, and his response when his name
was reache ed was scarcely audible. He was
encouraged by his fellow senator's sym-
pathy, and on both Of the roll calls on the
final passage of the bills voted with the
majority.
Afterwards his doctor said:
Senator Foelker stood the ordeal as we'll
as could be expected. He IL extremely
nervous. We nave not decided when we
shall return to Staatsburg."
rs Senator Foelker in a dangerous con-
dltion?" the doctor was asked.
mo, he is not" the doctor replied.
Consideration OF the Bill.
All the fifty-one members Of the senate,
except Foelker were present when the
first Of the bills was taken UP. This was
the bill amending the penal code so as
TO eliminate the exclusive penalty" under
which gambling at race tracks had beon
virtually legallzed. Senator Grady moved
that the bill be recommitted with instruc-
ton to strike out the e~nactlng clause.
enato Brady attacked the course Of the
governor in demanding specific legislation
in the case Of race track gambling, and in
asking only for a commission TO investigate
stock speculation.
Now, the governor knows" said Sena-
tor Grady, that the law has proved in
effectual in stopping speculations In stocks,
H,,N A.. -. AA-, - 49,. a-, 1901
munication to the legislature on the sub
ject; not one word about the many sui
cides; not one word about the ruined homes
and the many who are in prison by reason
Of stock gambling"
Senate Cassiday, republican, who, at
the regular session cast what was regarded
the deciding vote against the bill, argued
for the regulation OF evils instead Of at
tempting to wipe them out.
Forcing People to BE Virtuous.
Neither prison bars nor castle walls
can make people virtuous," he said. "a
ma who has not enough mental strength
to keep from stealing his employers money
and betting It on a race track, has not
enough strength to keep from stealing from
his employer TO buy a satin gown for his
wife or for a pew in church.
These bills were introduced for spite
rather than for principle" said Senator
Cassiday in conclusion. land until they are
put in proper form l shall continue to vote
against them
Senator Wilcox, republican. who also
voted against the bills at the regular SEES
sion, followed in opposition to their pas
sage. Senator Foelkef reached the capital
a few minutes before Il o'clock.
When Foelker's name was called, he
looked bewildered. said hesitatingly what
is it?" and did not answer until three or four
names had been called. Then, in a muffled
tone, he answered mo"
How does Senator Foelker vote? )" asked
the assistant clerk. who was calling the
roll.
mo" replied the senator and then sank
back in his seat.
The amendment which was substituted
by Senator Grady for his motion to recom-
NIT, was thus defeated. A second amend
ment to similar purpose was defeated.
The bill was put upon it's passage.
Raines Brooks No Delay.
senator Cohalan was speaking at the
time. Senator Agnew had called attention
to the fact that Senator Cohalan's time had
expired. The latter asked unanimous con-
sent to continue five minutes, but Majority
Leader Raines said:
OHu6T URINARY circumstances i would
be glad to extend the privilege, but under
the circumstances, / feel it is my humane
duty to object"
After Senator Foelker cast his vote in
favor of the bill he was taken out OF the
chamber by his physician and Canon Chase.
Every vote was then watched with in
tense interest, but the opposition appeared
to have abandoned hope.
The strain and aucitApnApt mare taIYtno
upon Senator Foelker and II began to look
as II he might collapse before his name
was reached on the final roll call. He
kept up bravely, however, and when his
name was called on passage OF the bill
he voted aye without hesitation.
At the conclusion Of the roll call, the
bill was declared passed by a vote OF 26
to Is. The signature OF Governor Hughes
will put the bill upon the statue books.
Even should the other bill be defeated the
discrimination which for thirt cen years has
protected public betting at race tracks is
repealed. destroying the exclusive penalty
which has been the curse OF the situation.
senate in Weakened State.
It was agreed that Senator Foelker
should be permitted to vote upon the sec
ond bill on the call for the absent senator
and he was given a big chair in the senate
ante room. He was evidently very weak,
ard there was a perceptible Frightening
up as OF a man conscious Of having done
his duty.
Governor Hughes said when informed
OF the passage OF the bill:
Il am deeply g~ratified at this result.
II is a victory for law and order. the inn
p%ortanee OF which cannot be over-esti-
mated"
Referring to Senator Foelker, who left
his sick bed to cast his vote for the bills.
the gov ernor saio.
This act of Senate Foelker in coming
to the senate in his weak condition was
most heroic and worthy OF the same praise
that We give to distinguished service on the
battlefield"
The governor would not say when ne
would sign the bills, but left no doubt
that no time would be lost after they
reach him from the assembly where they
originated. Both bills take effect inn
J mediately upon the signature OF the gov
ernor.
EffOrts of Opposition,
Up TO the very last moment the opposi-
ton TO the bills entertained hope that the
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