The San Francisco call., 1908-04-09

Anti Racefrack Bills
Are Defeated
Measures ChdmpiOned By Mem
York's Governor Are Shelped
by Tie Vote

ALBANY. n. Y. April 8.-The vote
OF Senator Owen Cassidy OF Schuyler.
republican. late today caused a tie vote
OF 20 to 25 and defeated for the time
at least the two Agnew-Hart bills en-
bodying the recommendation OF Gov
ernor Hughes that the legal protec-
ton be abolished. which since 1895 has
protected public gambling at race
tracks, whereas IL is a felony else
where in the state Lieutenant Gov
ernor Chanler cast his vote to break
the tie upon q parliamentary motion.
which but for him would have result
ed in killing the bills for the rest OK
the session. saving them for another
vote at the discretion OF the intro
ducer. Senator Agnew. at any time
when the order OF business permits
him 10 call up the matter. The i'm
portance Of this bit OF subsidiary pro-
cedure may prove TO be very great. and
If by any means the friends OF the
bills can gain a vote from the oppo-
sition and at the same time hold the
25 they had today. they may pass the
bills and send them 10 the governor.
Governor Hughes made no secret OF
his disappointment over the result OF
the days struggle. He would not In
innate what measures he would adopt
in the premises. but that he regards
the matter as far from settled he made
sued from the executive chamber to-
night:
1T is impossible to believe that ths
people viii permit the plain mandate
OF the constitution to be ignored The
contest has not ended; it has only be-
the people has been obeyed-"
The vote came at the end Of a day
so dramatic and intense that persons
who have been about the capitol for a
generation remembered 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 op-
position had expressed confidence thas
he would vote as he actually did
Senator Cassidy. whom the support
erS of the bills hold responsible for
their defeat. voted on two previous oc-
casions in their favor. although ths
friends of the measure admit that hs
has never promised to support them
on final passage.
Until IL o'clock Senator Grattan oe
Albany was declared TO be in favor of
the bills At that time. after con-
ferring with leaders OF the Albany
county republican organization, hs
went TO Senator Agnew and announced
that he would vote against them
Senator Knapp Of Clinton until late
tically certain to vote for the bills. but
about the same time he also announced
that he would vote against them There
was some doubt all day as TO the vote
/ of Senator F'oleker OF Kings. but when
/ he arrived he adhered TO the position
he had all along taken in their favor.
/ All OF the so members OF the senat .
were present. the only absent seat being
that Of Senator FrancheL Of Niagara
! Falls who died recently
/ Twenty-three republicans and 2 dem
OcratS voted for the bills, II democrats
and republicans voting against them
After the defeat Of the bills Senator
Agnew made the usual motion that
the vote by which the bills were lost
be recorded and that the motion lie
upon the table
Then, apparently realizing that thu
defeat of the motion BY the same vote
which had defeated the bills would kill
the measures beyond rescue. Senator
Agnew withdrew it. Instantly Senator
Grady seized the apparent advantage
and renewed the motion.
Senator Raines came quickly to the
rescue Of his bills with a motion TO ia
bic that Of Senator Grady. Attention was
then called by Senator Armstrong TO
the fact that in these circumstances the
presiding officer would have the decid-
ing vote Senator Grady urgently ap-
pealed TO the lieutenant governor and
/ to his colleagues for support for his
motion, but the lieutenant governor
said that while the point at issue was
a motion of the minority leader the
question really involved was the right
of Senator Agnew to control the time at
which the vote upon his own bill
should be reconsidered-. In support, he
said. of the precedent Of senatorial
courtesy" he would give Senator Az
new his vote. This action saved the
bills from utter destruction and made
possible another contest