New-York tribune., 1908-06-09
SENDS MESSAGE ON
BETTING AT TRACKS
GOVERNOR AGAIN URGES
ANTI-GAMBLING Law.
4 ene,C and Hart ReintrOduce Bills
-Foelker Still Too Sick
To Be Present.
tBy Telegraph to The Tribune.I

Albany,
never could be disposed of finally save by vindi-
eating the honor Of the state by affirmative ac-
| tion Governor Hughes tonight recommended
for the second time the passage of legislation TO
abolish racetrack gambling in this state HIS
message presenting this subject for conSdera-
| ton at the extra session was followed lmmedi-
ateIy by the introduction by Senator Agnew and
| Assemblyman Hart of the measures presented
| by them at the regular session
| In spite of the plans of the racing interests to
block these measures in the Assembly, either by
voting them down by filibuster, Mr.. Merrltt,
the majority leader, went on record tonight
with the prediction that the lower house would
pass them Just as it did before. Mr.. Hatt had
introduced the bills and asked unanimous con-
sent to have them advanced to second reading
This was denied objections being made ny
Messrs. Oliver and Cuvillier. Mr.. Hart there
upon said these objections only caused needless
delay. and asked to have them withdrawn
while they may a delay of one day,
I don't think they will affect the final result,
declared Mr. Merritt. 1.-The House, having
passed them once undoubtedly will pass them
again. At least that is the general expectation.
"Wi the gentleman tell us if it is within MS
knowledge that the Senate will pass them the
same day?" queried Mr.. Palmer, sarcastically.
Il can't answer that" retorted Mr.. Merritt
but I believe the Senate will agree with the
House"
Senator Agnew declared tonight that notwith
standing the reports that Senator Foelker had
suffered relapse and would not be able to be
present this week, he doing nicely and
would probably be here Wednesday,
Il eyrect Senator Foelker to be here; expect
him to vote for the bills said Senator Agnew.
| II have heard of no changes from the lineup at
the regular session, and look for the passage
of the bills by vote
Both sides expressed the utmost confidence
that they would win the victory. The racing
people not making any detailed statements
! these days; they persist simply in saying that
the bills will not pass Senator Grady tonight
| began what looked like a prolonged hlibuster,
and some of the Hughes think the racing
| interests hope to talk the bills to death, relying
the fact that adjournment is to be taken
| by Friday because of the Republican National
Convention. The probability is that such pro-
ceeding would meet the disapproval of so many
legislators who want to get away from here and
stay away that it would be quashed promptly
II haven't heard from Senator Foelker" said
Senator Raines tonight. Mr.. Fuller the Gov
ernors secretary, tells that when he saw him
| last week he in bad shape. but recovering.
I think 1t will be possible for US to consider all
the things before and adjourn sine die on
Thursday. or. at latest, Friday
THE GOVERNORS MESSAGE.
The Governors message attracted nearly all
the attention at to-night's sessions. Because of
the probability that it would be submitted a
| much larger number than had been expected
was in attendance in both houses The Governor
said:
To the Legislature: I recommend for your
consideration the enactment of suitable legisIa-
ton for the prevention of racetrack gambling
The issue has been clearly presented whether
the interests of those who wish to maintain
gambling privileges at racetracks should be con-
sidered paramount to the constitution of the
state. 1t Is an issue which has been clearly
defined and Is fully appreciated by the people
1t cannot be obscured by a discussion of the
propensities of human nature Racetrack gam
bling exists not because it is hidden or elusive
but an organized business. shielded by legiS-
lative discrimination The law which processes
to prohibit it in fact protects 1t.
At the regular session the lower house of
your honorable body by a large majority
passed bills designed to remedy this evil. They
failed in the upper house by tie vote In the
absence of g. full representation This could not
be regarded as decisive. 1t only served to
illumine the issue and to make still more clear
the nature of the test it involves. Nor can the
question be finally disposed of save by vindicat-
ing the honor OF the state and by demonstrating
that there is no power. however strong or un-
scrupulous. which be permitted to override
the will of the people as expressed in the funda-
mental law.
leaves doubt to It's object There never
has been a where the people I'm adopting
constitutional provision had definite pur-
pose. The Legislature In 1887, by excepting GER
tain times and places from the operations of
the Penal Code. had egalized gambling at race
tracks. Despite protests the law remained un-
repealed.
The constitutional convention prepared an
amendment to make it impossible for the
Legislature to legalze gambling at racetracks
and so to enjoin upon the Legislature in ex-
plicit terms the duty of preventing 1t. This is
clearly shown in the debates of the convention,
which adopted the amendment by overwhelrn-
ing vote It also appears that the sweeping form
of the amendment chosen in order to leave
no opening for evasion and because of fear that
practices substantially equivalent to those which
had been allowed might otherwise be continued
under new names. The provision recommended
by the convention adopted by the people, |
and yet the practices it aimed at still continue,
to all intents and purposes though they were
legalized. We thus have the spectacle of the
practical notification of the constitution and of
the open disregard of a popular mandate in a
matter of gravest concern to public morals.
While the so-called Percy Gray law (Laws of
1895 Chapter 500 in form prohibits racetraCk |
gambling. the penalty 1T provides is utterly |
Inadequate to amount to penalty at all |
Whatever may have been the suppositon to |
the suffciency of the penalty, there be no
Illusion about the matter at the present time |
So long as the formalites of the statute are |
complied with bookmaking at the racetracks. |
maintained under authority Of law. continues as |
a favorite Of Legislation instead OF being under
an appropriate ban. This results from the fact |
that racetrack gambling has been taken out |
of the provisions of the Penal Code which relate
to similar offences elsewhere.
These offences upon racetracks have been |
made favored category. with exclusive pen
aIty Bookmaking elsewhere is a crime: upon |
the racetracks. under the prescribed condition. |
IL is crime. All provisions of the Grim |
inal law which might otherwise touch 1t are |
rendered inappcable The efficacy of prohibi-
ton lies in the penalty by which ii is enforced |
The excessive penalty for racetrack gambling |
If the conditions are observed. is liability TO |
civil suit recover the money lost And thus |
the prohibition OF the constitution is made |
farce.