The Washington herald., 1908-04-02

Albany. April 1.-The advocates of the
anu-race-track gambling bills scored
victory in the senate tonight when, after
debate that continued all day. they sue
ceeded in restoring to the form in which
it was introduced Senator Agnew's bill
amending the penal code. making gam
bling on race tracks a felony
The senate code committee had amended
this bill to take effect September l, in
stead Of Immediately. BY a vote of IS TO
% the bill was restored to its original
form.
The vote tonight is taken to indicate
that unless something entirely unfore-
seen happens between now and the day
when the bills come up on the order Of
final passage. they viii be passed.
The opposition to the bills was still in
sisting at midnight that something
would happen and that twenty-six neces-
sary votes could not be mustered to pass
the bin.
The members Of the senate codes com
mittee reversed themselves in a most sig
only Republican member Of the commit
tee 70 vote TO restore the bill 10 its
original form.
The Republican senator's who voted
against the motion to have the bin
take effect Immediately We're SEN
ator Emerson, Of Warren: Grattan. OF
Albany; Gilchrist. Of Brooklyn: Burr. Of
Suffolk, and Knapp. OF Clinton.
VIII Vote for Bills.
OF these, Senator Grattan has an
nounced that he would vote to pass the
bills when they came up on third read
ing, they having been considered In the
committee Of the whole to-day Both the
penal code amendment and the bill re-
pealing the Percy-Gray betting law were
advanced 10 a third reading tonight.
The result was not altogether sur
prise, for the longer the debate continued
it was seen that the oppons Els If the
Ag1ew bills were losing ground This
morning. when the bills were taken up as
a special order in committee of the whole.
the opponents Of the measures were san
guine that they would prevent senator
Agnew from having his penal code
amendment restored to its original form
At 1:30 a recess was taken until 2:30
o'clock this afternoon, and some mission
airy work must have been done in that
time, for when the session was resumed
there was a change Of some sort. and the
opponents of the measure wore sober
looks. II was openly announced that SEN
ators who had been counted on as certain
to be against the bills were Topping
around like fish out of water.
Recess Taken at 500.
When a recess was taken at $50 until
$50 tonight the friends Of the anti-race.
track betting bills were positive that the
penal code amendment would be amended
TO take effect Immediately. That this was
the case was apparent when the Senate
reconvened and Senators Grady and Nc
Carren talked again. They repeated prac-
tically what they had said in the earlier
part of the debate, and IL was plain to be
seen that they were doing what they
could TO gain time in order to get another
vote. Senator Classify Republican, Schuy-
lerl. surprised ali when he voted 10 amend
the bill 70 take effect Immediately, after
having made a speech in which he said
that the penal code amendment should not
take effect until September l.
That the governor was keeping close
tabs on what was going on was evident
Attaches of his office were about the
Senate chamber and anterooms through
out the entire day. Intimations in the
broadest terms were given that unless the
bills were sent 10 the governor in the
form he wanted them there was bound
TO be an extra session.
Fight as to Time.
1t was conceded in advance that the
Agnew bills would be advanced to a third
reading when they were taken UP to-day.
but the fight was to prevent the restora-
ton Of the amendment TO the penal code
bill TO take effect Immediately instead Of
September l. Seven Democratic enators
are counted upon to be opposed TO the
bills, but Senator'S Fuller. of Kings, and
TAYLOR. of Newburg Democrats). will
vote with the Republicans 10 pass them.
Senator Wilcox. of Auburn is not
likely TO be here the remainder of the ses-
sion, and the friends Of the Jockey Club
must get at least two more votes to pre-
vent the passage Of the bills. for If tho
tWenty-six senator's vino voted to amend
the Agnew penal code amendment bin
stand pat, the bills viii be passed.
Senator Agnew dried to press his ad-
vantage tonight. Immediately after the
olLlS llAQ beetl dNNdAEtQ TO a third read
ing and the committee of the whole had
risen and reported 10 the senate proper. he
moved TO have substituted for his bills
the measures OF Assemblyman Hart.
which We're received in the senate Mon
Gay night and tabled
Grady Objects.
Senator Grady objected saying that the
bills were on the table and could not be
taken up except under the order of busi-
ness OF messages from the assembly. The
chair sustained Senator Grady. Seaa-
tor Agnew conferred with Senator Raines
and then subsided
The Hart bills can be taken up to-nior-
row and substituted for the Agnew bills.
either under the order of messages from
the assembly or under the order Of mo-
tons and resolutions. Senator Agnew had
not determined tonight whether ne would
make his motion Tomorrow
Gov Hughes wants quick aeti)n a..d IS
determined that the senate shall not ad-
1ourn this week without finally acting on