The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-06-11
Gov. HUGHES WINS
His Anti Race Track Gambling
Bills Pass Senate
By the Narrow Margin of &c to
% Votes.
SAVED BY FOELkER
D BY FOELKER
Who Was Carried From a Sick
Bed to Vote.
Will Go Into Effect on Being
Signed by Governor.


tive battle. which for intensity of feel
ing on both sides rarely, if ever, has
been equalled in this state, came to an
end today, when the heroism of Sena-
tor Foelker Of Brooklyn, made 1t pos
sible to place upon the statute books.
two bills. repeating the legal dis
elimination which for 13 years has
protected public gambling within race
track enclosures, while it was felony
elsewhere in this state. The vote on
each of the bills was 26 to Is.
The line up was in general the same
as that in the regular session, when
the bills failed of passage by tie vote,
% to rs, but since then Senator Wal
lace of Niagara Falls, has been elected
to the seat then vacant by reason of
the death of Senator Franchots and
his vote made the necessary 26th.
Senator Foelker, who underwent an
operation May 10 for appendicitis and
whose condition for much of the in
tervening time was critical, came up
from Staatsburg last evening, the jour
ney of so 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
call on a dilatory motion was being
taken. He was plainly suffering
name was reached was scarcely
audible. He was encouraged by his
fellow senator's sympathy and on
both of the roll calls on the final pas
sage of the bills voted with the
majority.
Afterwards his doctor said: "sena-
tor Foelker stood the ordeal as well as
could be expected. He is extremely
nervous. We have not decided when
we will return
as Senator Foelker in dangerous
condition ?'' the doctor was asked.
mo, he is not" the doctor replied.
Albany, N. Y. June 1.-THE first
test vote resulted in a victory for the
measures, &c to rs. The question was
on an amendment, the effect of which
would be to kill the pending bill. Sena-
tor Foelker was present and voted
with the majority.
When Foelker's name was called he
looked bewildered, said l~esitatingly,
What is it?" and did not answer until
three or four names had been called.
Then in a muff1ed tone he answered
''No."
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 substi-
tuted by Senator Grady for his motion
to recommit, was thus defeated. A
second amendment to similar purpose
also was defeated. III 20 $50 ~
Put on Its Passage
The bill was then put upon its pass
age.
Senator Cohalan was speaking at
the time. Senator Agnew had called at
tention to the fact that Senator Coha-
lan's time had expired. The latter
asked unanimous consent to continue
five minutes but Majority Leader
Raines said:
Under ordinary circumstances
would be glad to extend the privilege,
but under the circumstances feel it is
my humane duty to object"
After Senator F'oelker 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 intense interest, but the
opposition appeared to have aban-
doned hope.
The strain and excitement were tell
ing upon Senator Foelker and it began
to look as if 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 pas
sage of the bill he voted aye without
hesitation.
At the conclusion of the roll call. the
bill was declared passed by a vote OF
rs to 25. The signature of Governor
Hughes will put the bill upon the stat
ute books. 1t was agreed that Senator
F'oelker should be permitted to vote
upon the second bill on the call for the
absent senator and he was given a
big chair in the senate and room. He
was evidently very weak and there
was a perceptible Frightening up, as
of a man conscious of having done his
duty.
Governor Hughes said when inform
ed of the passage of the bill:
st am deeply gratif1ed at this result
It is a victory for law and order, tbs
Importance of which can not be over
estimated"
The second bill was passed by the
same vote, and the most sensational
legislative battle of many years was
at an end. The bills return as a mat
ter of routine to the assembly, where
they originated, but without further
vote they will go to the governor for
approval
Immediately after the passage Of the
| gambling bills the senate finance COM
| mittee reported the motion to adjourn
without delay at o'clock this after
| noon.
| At 10:45 Senator Foelker's physician
said his patient was dressed and wait
| ing for his summons to the chamber
1t was the plan to send for Foelker at
|