The Birmingham age-herald., 1908-04-09
Vote On AgneW Measure Is a Tie Because a Member
 Is Absent
GOVERNOR HUGHES WAKES
 WRATHY OVER RESULT
lt Is Not Known Whether the Gov ernor Will Call Special Session Or Not, But Bills May Come Up
 Again For Action.

Albany, N. r., April S-The vote of Senator Owen Cassidy of Schuyler, re- publican, lates today caused a tie vote of 25 to 25, and defeated for the time at least, the two Agnew-Hart bills, em- bodying the recommendation of Governor Hughes, that the legal protection be abol- ished which since 1904 has protected pub lie gambling at race tracks, whereas it is a felony elsewhere in the state
 Lieutenant Governor Chanler, in the chair, by casting his vote to break the tie upon a parliamentary motion which but for him would have resulted in kill ing the bills for the rest of the session, saved them for another vote at the dis cretion of their introducer, Senator Az new, at any time when the order of business permits him to call up the mat ter. The importance of this parliament tary proceeding may prove very great and if the friends of the bill can win a. vote from the opposition and at the same time hold the 25 they had today, they may help to pass the bills and send them to the governor.
 Governor Hughes made no secret of his disappointment over the result of the
 
 what measures he would adopt in the premises, but that he regards the mat ter as far from settled. he made clear by the following statement. issued in the executive chamber tonight:
 Hughes Is Wrathy.
 ''It is impossible to believe that the people will permit the plain mandate of the constitution to be ignored. The con- test has not ended; it has only begun. It will continue until the will of the peo- pie has been obeyed.'
 The vote came at the end of a day dramatic and intense that people who have been about the capitol for gen eration say they remember nothing like it. Until the vote of Senator Wilcox, the last on the list, was cast against the bills, the result was apparently in doubt, although for three days the opposition has expressed confidence that he would vote as he actually did. The most re- markabe feature of the day involved the mysterious absence of Senator Fan cher of Cataraugus. It was known he intended to support the bills and his vo-e was indispensable to their passage.
 Messengers searched for him all the morning without result and the charge was freely made by the supporters of the bills that his absence was involun- tary and would prove to be the result of a conspiracy. When a recess was taken
 
 Laugh On Missing Man.
 He appeared at last when the recess was about half gone, with nothing to say for publication, but a story about his absence told privately was accepted by the supporters of the bill as confirming their suspicious and in its details con vulsed everybody who heard it. The gist of 1t was that he had outwitted those who would have detained hlm and as he put it, Here I am in time to vote for the bills, as I have all along intended to do."
 Senator Cassidy, whom the supporters of the bills hold responsible for their defeat, voted on two previous occasions in their favor although the friends of the measures admit that he has never promised to support them on final pas sage.
 Until il o'clock Senator Grattan of AL bany was declared to be in favor of the bills. At that time after comforting with the leaders of the Albany county repub- lican organization, he went to Senator Agnew and announced that he would vote against them.
 Senator Knapp of Clinton, until late in the morning, was regarded as practically certain to vote for the bills, but about the same time he also announced that hes would vote against them.
 There was some doubt all day as to the vote of Senator Fulton of Kings, but when the vote came he adhered to the po- sition he had all along taken in their favor.
 All of the 50 members of the senate were present, the only vacant seat being that of Senator Franchot of Niagara Falls, who died recently. It seems to be gen. orally agreed that he would have sup ported the bills.
 Summary of Vote.
 Twenty-three republicans and two dem ocrats voted for the bills; 17 democrats and eight republicans voted against them. The two democrats in the affirmative were Fuller of Kings and Taylor of Or ange. The eight republicans in the nega- tive were: Burr of Suffolk, Cassidy of Schuyler, Emerson of Warren, Gilchrist of Kings, Grattan of Albany, Knapp of Clinton, Wemple of Schnectady and Will cox of Cayuga.
 After the defeat of the bills Senator Agnew made the usual motion that the vote by which the bills were lost be re- considered and that the motion lie upon the table,"
 Then, apparently realizing that the de- feat of this motion by the same vote by which his bills had been defeated would kill the measures beyond rescue, Senator Agnew withdrew it. Instantly Senator Grady, who is a past master at parlia- mentary strategy, seized the apparent ad- vantage and renewed the motion
 Appeal of Grady. Senator Raynor came quickly to the res cue of his bill with a motion to table that of Senator Grady. Attention was then called by Senator Armstrong to the fact that in these circumstances the presiding officer would have the deciding vote. Sen ator Grady urgently appealed to the lieu tenant governor and to his colleagues for support of his notion but the lieutenant governor said that while the point imme- diately at issue was a motion of the mi nority leader, the question really involved