The Birmingham age-herald., 1908-06-12
HARD BLOW UPON
 NEW YORK RACING I've New York Laws Are Pass
 ed By the Legislature SICK MAN SAVES THE DAY Senator Foelker Comes From Sick Bed To Cast Decisive Vote To Pass Bill
 Which Pats Final ouietus
 On Face Gambling.
SICK MAN SAVES THE DAY

Albany N. Y, June 11.-After a strug- gle, the precise like of which no man In or about the legislature has ever seen, the famous Agnew- Hart ant-raee track gambling bills are now laws of the state of New York Governor Hughes, by his signature affixed to each of the bills at 4:S5 D. m. today, crowned legislative victory, the brilliancy of which was equalled only by its unexpeetedness, is conceded even by those who fought him in the matter to the last ditch.
 A few minutes before ? D. m. the extra ordinary session of the legislature of 1908 adjourned without day.
 The decisive votes which passed the bills were cast by Senator Otto G. Foel- ker of the Fourth senate district of Brooklyn, who crawled from a sick bed and made 6O-mile railroad journey to do it, so weak and distressed in mind and body that he seemed on the verge of ut ter collapse, and by new senator. Will liam c. Wallace, of Magma Falls, who was elected in a special campaign p.e- ceding which the governor himself toured the district speaking la benalt of lis election
 Letter From Hughes.
 Governor Hughes late today recorded his appreciation of Senator Rockers ac- ton in the following letter:
 My Dear Senator:
 T desire to express my appreciation of your heroic action in coming to the sen- ate this morning. Your courageous per- formance of duty at so grave a risK de- serves the highest praJse and wifi loEg be pointed to as a fine illustration of fidelity and patriotic devotion to the inter- ests of the state 1 trust that you will not suffer any ill effects and that you will be soon restored to your full health and vigor
 With assurance of my high esteem and best wishes l am, faithfully fours,
 "CHARLES E. HUGHES
 Laws Stop Betting.
 The bills which now constitute chapters 506 and 507 of the laws of 1908 in no way affect. so far as their face provisions So the state racing commission in particular, or horse racing in general They relate solely to the penalties for gambling, pool selling and bookmaking, which, as be- fore, are declared by the law to be "a public nuisance Chapter 506 amends the racing law by repeating that provision under an exclusive penalty of simply re- covering at civil Huit of the amount wag- cred was incurred, which has applied to gambling within the race track en- closure thus exempting such gambling from the penalties operative elsewhere III the state, and it also provides that this general penalty shall be Imprisonment in the county jail or penitentiary for 2. period of not more than one year." without al- ternative of hne.
 Chapter 5O7 amends the penal code in like manner and III addition changes the grade of the crime from that of a felony, which any gambling was until today, to that of a misdemeanor thus bringing the offense within che jurisdiction of the minor criminal courts
 Senator Foelker expects to return to- morrow to the home of his father-in-law at Staatsburg, where for month he has been confined to his bed, recovering from an operation for appendicitis on May 10. Francis N. Murphy of Staatsburg, his physician, who accompanied him, said that the anxiety and nervousness of his patient undoubtedly had retarded his recovery, but expressed the belief that Senator Foelker had not been permanently injured by his experience.