The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-12

~
struggle. the precise like OF
~ which no man in or about the
4 \ Legislature has ever seen. the
famous Agnew-Hart anti-race-
track gambling bills are now laws OF
the State OF New York.
AfiSing his signature to each OF the
bills at 4:35 p. NJ to-day, Governor
hughes crowned a legislative victory
the brllliancy of which, cqualed only
by It's unexpectedness, Is conceded even
! by those who fought the executive in
the matter to the last. A few minutes
before r. M. the extraordinary session
OF the Legislature OF 1905 adjourned
without day.
Left Sick.Bed.
The decisive votes. which passed the
bills. were cast by Senator Otto. G.
Foelker Of the Fourth Senatorial Dis
trict OF Brooklyn, who crawled from
a sick.bed and made sixty-mile rail-
road journey to do It, SO weak and
distressed in mind and body that he
seemed on the verge of utter collapse,
and a new Senator. William c. Wallace.
OF Niagara Falls, who was elected in
special campaign. preceding which
the Governor himself toured the dis
trict. speaking in behalf of his candi-
dacy.
Governor Hughes late to-day record
cd his appreciation of Senator Foelker's
action In the following letter:
"My Dear Senntor,-I desire to cx-
press my appreciation OF your heroic
action In coming to the Senate this
morning.. Your courageous perform-
Hncc Of duty mt so Krnve risk de-
serves the highest praise. md will long
be pointed to ax fine illustration OF
fidelity and patriotic devotion to the in
terests of the State l trust that you
Will not sufer any Ill effects, and that
you will soon be restored to your full
health and ytEor.
with assurances of my high esteem
and best wishes. I am,
"Fnithrully yours,
tsigned) "CHAs. E.. HUGHES"
There was no surprise in the vote
of Senator Wallace, who from the out
set, had been definitely pledged to the
support OF the Governors recommends
tion in this matter. Every other Sen
ator. including Foelker. voted as he
did. pro or contra, when the bills were
before the regular session in April,
and they passed by the precise con-
stitutional majority of 90 to 25.
Changes In LAW.
The bills. which now constitute chap
ters sos and 507 OF the laws of 1908. in
no way affect. SO far as their face pro-
visions go, the State racing commits
sion In particular or horse-racing in
general. They relate solely to the
penalties for gambling. pool-selling
and bookmaking. which. as before, are
declared by the law to be "a public
nuisance"
Chapter sos amends the racing law
by repeating that provision under
recovery at civil suit of the amount
waHered, was incurred. which pro-
vision has applied to gambling within
race-track enclosure. thus excepting
such gambling from the penalties oper-
ative elsewhere in the State. and 1T
also provides that this general penalty
shall be imprisonment in the county
Jail or pententiary for period of not
more than one year" without alter
native OF fine.
Chapter 507 amends the penal code
in like manner. and in addition changes
the grade Of the crime from that of
felony. which any gambling was until
to-day. to that OF misdemeanor, thus
bringing the offense within the juris-
diction of the minor criminal courts.
Foelk-r Will Recover.
Senator Foelker expects to return
to- morrow to the home of his father
in-law, at Staatsburg, where for a
month he has been confined to his bed,
ItCo'eIiH6 lIOI1l all operation lUC dp-
pendicitis on May 10th. DR.. Francis
N. Murphy of Staatsburg, his physician.
who accompanied his now famous pa
tient from his home to the Senate
chamber, said that the anxiety and
nervousness OF Senator Foelker un-
doubtedly had retarded his recovery.
but admitted that he was better this
afternoon than he was this morning.
He expressed the belief that Senator
Foelker had not been permanently in
jured byshis experience.
Will Take Matter to Courts.
NEW YORK, June l1.-When the
passage and the signing OF the anti
race.t track gambling bills was made
r