New-York tribune., 1908-02-28
AMEND GAMBLING BILLS
ALLOW FRIENDLY BEIO!
Gouernor Hughes Woutd amend
Penal Code to PreU6nt TINS.
TBy Telegraph to The Tribune

Albany Feb 27-Amendments to the Agne"-
Hart anti-racetrack gambling bills were intro
duced in both houses to-day, following the con-
ference of Senator Agnew and Mr Hart with tne
Governor last night. These amendments, WINCH
are extremely technical, are designed 10 remove
the discrimination against betting on a facelrach
in favor of the poorooms which Joseph :. AueF-
bach declared set up in the original pilis'
More than that Governor Hughes agreed with the
legislators that all penalties for violation OF the
law against betting or poolselling should DE con-
fined the Penal Code and not scattered through
the general laws.
What the amendments actually do is a subject
of considerable controversy here. According 10
one view, because of the express definition OF
bookmaking and poolselling set up by the Penal
Code. the amendments presented To-Day might
completely defeat purpose of the original bills
by making possible a credit system OF betting
where bets not registered. but paid off through
a sort of clearing house On this point the view
the Governor and the introducer8 of the bill IS
that in such case the Penal Code should be
amended to make it broad and specific enough to
prevent this.
In its present shape the bill amending the Per-
cy-Gray is short. 1t declares:
All racing or trials of speed between horses or
other animals for any bet stake or reward, except
such is allowed by this act. or by special laws.
aiding M therein or making or being interested LII in
meanor and upon conviction is punishable by i'm
prison1nent in the county jail or ntary for
10 the penalty prescribed therefor he foreits to the
people of this state all title or interest in any ami
NAL used with his privity in such trial of
speed. and in any sum of money or other property
bet or staked upon the result thereof
In addition there is a section permitting any as
sociation under the law conducting a trotting meet
ing to charge additional fees for clubhouse priv-
leges unless poolsefling bookmaking be
Quoted therein.
Senator Agnew and Assemblyman Hart both
explained the voluminous changes in their original
bills due to desire to strike out all penalties
for racetrack gambling except those stipulated IN
Section 351 of the Penal Code This met the Cow
ernor's views, too Thus, charge of discrimina
ton against racetracks in favor of bookmakeTs
other gamblers is avoided. since the Penal Code
takes cognizanCe of the board fence which
now is responsible for the discrimination charges
Senator McCarren, on the other hand. basing his
statement on the peculiar wording of the amended
BILL says that it is in no sense different from the
original AgnewHart bills in legal force and re-
sut-only shorter and more direct
The ntroducers of the anti-gambling bills believe
that in their present shape they will affect only
bookmakers and sellers of pools races, not strik-
ing the ordinary citizen who bets few dollars on
the result of race with his friend not record
ing the bet Section 351 of the Penal Code deals
entirely with gamblers who record bets, keepers
of poolrooms and similar institutions. Senator
Agnew and Assemblyman Hart whose opinion is
understood TO be held also by the Governors Coun-
sci, think that the amended bill will apply only to
OUTLAW tracks, that is racecourses not licensed
by the State Racing Commission. Thus, since the
only reference personal betting is in the amended
BILL in the Penal Code, experts here say that
the professional gamblers and bookmakers by any
of half a dozen sIbterfuges could avoid the
law if this blu became law and the Penal Code
remained unchanged. They could adopt credit
system of betting all the large tracks, paying
off winnings and collecting losses outside the track
While the necessity for avoiding the recording of
bets might occasion difficulty, the belief is
that this could be lessened or removed by some de-
vice.
On this point, it is understood that the Governors
attitude is that the Penal Code if not adequate,
should be changed meet this precise situation.
His friends say he IS not an expert on betting
systems, and does not pretend to say whether the
amendments submitted by Senator Agnew and
Mr., Hart would be effective to stop professional
gambling.
Senator Agnew later made this formal state
ment:
The amendments made to-day to the so-called
Assembly No 213, amending the Percy-Gray
law simplify those bills They will in more
definite and concise manner carry out the recon-
mendation of the Governor in his annual mes
sage to the Legislature.
Section II of the PerCy-Ciray law provides the
exclusive penalty which makes the Penal
gambling authorized racetracks. As our code
amendment takes out of Section 351 the pro-
vision in regard 70 exclusive penalty, any
reference to such exclusive penalty In the Percy
amended the bills to repeal Section II of
the Percy-Gray law. and for the same reason
the larger part of Section IS IS likewise re
pealed The net result of the amendments is
that bOOkmaking and poOlselling, whether car
ried on at racetracks elsewhere, prohibited
and subject to the same penalty.