New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1908-04-27

-suR
.1akedness. and then they hear from the people
Here is q plain constitutional provision. un-
ambiguous and mandatory IL requires no eN-
1raordinary vision TO see the vices at which II
hits or the powerful and INSCRIPTIONS interests
which desire 10 nullify il. Racetraek canning,
with its wretched record of attendant misery
and crime Of hlishted manhood and Of ruined
homes fourishes a colossal scale. as great
business under the protection OF tricky Jaw
The executive recommended TO the Iegis-
Nature that IL perform its constitutional duty
and pass appropriate laws TO prevent these OF
fences Bills were introduced for this purpose
Public hearings had. and the opposition
summoned the aid Of their defence the high
rhetoric All they lacked solid argument
This the keenest scunlen could not supply. Inc
case plain
pie appeared. Associations Of business men
those who represented the honest toiiers OF me
state. those who spoke for the homes pI ,fe
state. those who voiced the conscience or the
Public opinion manifested itself in uncer-
tain manner and only those who were absorbed
in their devotion n the idols of their own selfish
anterest- pecuniary snd political. failed to Cd
serve the sentiment Of the people.
In response 70 this sentiment the Assembly
passed the racetrack gambling bills by an over,
WAS 127 To 9 and for the other 127 tn a There
Nvas no partisan division IN this vote win
these few exceptions. Republicans and Demo-
erats alike stood for the constitution.
Then came the vote in the Senate. The presI-
Gent pro tempore Of the Senate. early in the ses-
sion and repeatedly thereafter. had expressed
his opinion that the bills would pass The vote
upon a preliminary question indicated their
Massage but when the final vote was taken it
STOOD tie IF % to *. and thus the bills failed
THE QUESTION AGAIN PRESENTED
What Is the explanation OF this result? Why
Rid the sentiment Of the state. which so power
fully impressed the Assembly. fail Of effect in
ahe upper house? The people want TO know. II
does add their peace of mind to be in
Horned that II may he ascribed to the forged
ALTERATION Of a telegram 70 the influence of
a local political leader I yield 10 no in
sa-- the nticl In h0Th hT2nFhpS
and in recognition Of the weight which ought
10 be attached to its deliberate decisions. But
sllis result cannot be regarded as decisive; and
deem il my duty more 10 present the ques-
rion snd afford opportunity for the represen-
1stives Of the people 10 carry out their wishes
and comply with the explicit mandate of the
sronstitution.
! want 70 express my high appreciation of the
Ermness and stability OF those who, deaf to in
xdious appeal and Unterrffed by threats. stood
sl7anfully for the performance of their ConStltu-
1icnal duty. ] also recognize the plausible and
misleading arguments which used 10 con-
fuse the ISSUE. and / have full confidence that
ss the matter is further discussed many of those
who voted against these bills will see 1t more
clearly and be convinced Of the importance of
correcting the mischiefs Of the present law.
The final result cannot be in doubt. else we
should have reason for grave concern believe
shat this issue viii be satisfactorily disposed Of
"a, the extra session. II it is not. inevitably it
will be an issue in the next campaign IN
s1oubtedly il viii remain at the front Parties
will have TO reckon with II: political leaders VIII
a7ave 70 reckon with Il. representatives will have
reckon with Il. You may say all you please
20 the cunning of political manGuvring and of
She resources Of chicanery- All schemes viii
prove chd-s play if the people set out TO
deal with real issue Of popular government
sn6 the supremacy Of the constitution Of this
state over racetrack gamblers II may he now
it may he later. but some day, and 1 believe
soon. this wrong viii he righted-
What q humiliation il is for community. and
what abuse Of leadership. when any man Is
able TO say that he assumes responsibility Tor
'she OF Senator, If any mar desires 10
Assume the responsibility for a vote in the Leg
let i'm before
,rlle and seek election the office which ne de-
..ires 10 control otherwise va should have men
assuming responsibility for the action of Sena-
.rors. of Assembymen. Of District Attorneys, or
Sheriffs, and srasping in one strong hand all the
functions of administration.
II is well that there should he Organization 70
advance party principles: ii is well that It should
he effective: vigorous and skiTful leadership is
required. But il is the duty Of an elected ofncer
10 serve the people and not any particular man,
and no party leader has right 10 assume the
cnoie Of dictator. SO &c violate the MANHOOD OF
elected officials tc parade Them heIore the
reople as subject 10 his domination
And il IS because Of this sort Of thing that /
Hm DESTROYS that our machinery of nomination
shall he liperalized that every elected officer
,T9i feel his account bilItv 10 the people and
sba- no man will he in position To say 10 MN.
s"You YOUR place 10 me. and you must obey
sny orders
LOTTERIES ONCE ESTABLISHED BY LAW
The history Of the effort to prevent the evils
f,f public gambling IS most instructive No one
would seek 10 Iegalize or regulate public
lotteries. Vet there time when they were
pSta hIished by law. and some Of our leading
educational institutions proited by their pro
motion Private lotteries We're condemned under
severe penalties. but public lotteries were
Favored When in the Constitutional Conven-
zion Of 1921 il was proposed to prohibit them
the attempt was vigorously resisted 1t was
said that such time honoTed institution
700 firmly established To Re uprooted, that the
evil could not be prevented. that action in this
state could prevent our sister states from
selling lottery tickets n citizens. and that
hence Ne ought under proper regulaton- 10
avail ourselves - Il source Of revenue.
N Fortunately these arguments did not prevail.
~ a great source Of decentralization has been
Th- racet-aclz has taken the place which MAS
ono arc7,rirs F,, the l,IlfIi~ lottery as fayorife
Of discriminating legislation. In the Ives law IF
1857 gambling ~ the racetracks during particu-
lar periods Iegazed and taken OF the
provisions Of the Penal Code. Then the Con-
ir1itUtonaI Convention Of 1874 took action
Til aimed al this precise evil They intended
absolutely prevent 1t. They debated the sub
jet thoroughly and 10y an overU helming vote
they recommended 20 the people the present
constitutional provision. and the people adopted
ST This is the provision and et its plain words
sink deen into GUY minds:
-'No- shall lottery Or The sale Of lottery
esfclnrS. roolsrilirc. hooknlaking or any other
-fin6 II gambling hereafter he authorized or
allowed Within This state. and the Legislature
.shsn pess appropriate laws 70 prev ent offences
+sg2inSr any II the provisions ~ this section
Forthwith the Legislature IA the Percy
GRAY Law Il K the finest specimen of legisla-
tis-e legerde7,ain. II pretende n condemn race
track gambling 7 Treterds prohibit book
making Al raCetracks. But while this offence is
= Felony elsewhere. IN the racetracks under
certain conditions. II Is not felony II is not
even crime The Legislature has provided
yena1tE. hut T. j. only ? penalty Of civil suit
for The money lost We the same
offence visited with the same punishment
whether Il l. committed on the racetrack or out
side Of II. on one side or the fence or on the
other. We want the Legislature to rass laws 10
prevent these offences which are now encour-
aged and which flourish because there is no ad-
equste penalty.
How futile are the efforts to obscure this
simple duty,