The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-04-09
Governor Hughes Sends a Spe.
cial Message to Legislature.
Again Urging the Passage of an
Anti Gambling Bill.
WILL GALE AN EXTRA
Unless He Gets What He Wants
at This Session.
He Declares That the Constftu-
tion Must Be Upheld.

tfOn Must Be Upheld.
Albany, N. Y. April 9-Following the
failure OF the senate last night to pass
the anti-race track gambling bills Gov
ernor Hughes today sent to the leeis-
lature message renewing his recon-
mendation for the enactment of this
legislation and asked for the enact
ment Of eight other propositions now
pending before the legislature.
Governor Hughes probably will call
an extra session for May Ii. It is also
expected special election will be or
dered for the choice of a successor to
Senator Franchot, Republican, of the
Niagara-Ontario district. who died re-
| Gently.
In his message today Governor
Hughes recommendations included:
The passage of appropriate legisla-
ton to prevent the present socalled
discrimination of the Perry Gray law,
which practically legalizes gambling
| on race tracks.
Legislation to reform banking meth
DDS.
| Direct primary nominating elections
Legislation which will place tele-
phone and telegraph companies under
the Jurisdiction of the public service
corporation.
The passage of bills which will facili-
| tate the construction of subways in
New York city.
| The governor also urges investiga-
ton by commission:
First-Wal street speculation.
Second-The question of immigration.
| Third-The question of the unem-
ployed in this state: and,
| Fourth-The relation of the inferior
courts to certain criminal procedure.
What the Governor Says.
Relative to the Hart-Agnew bills, the
governor in his message says:
II again urge you to enact appropri-
ate legislation to abolish the existing
| Determinations in favor of race track
| gambling.
The failure of the upper branch of
your honorable body to pass the meas
| ures designed to effect this purpose af-
ter their passage ia-the lower branch
can not be regarded eas- disposing of
| the matter. The constitution, with its
peremptory mandate, still stands.
'The evil of race track gambling
| fourishes not in spite of the law but
because of the law. Legislation pre-
| tending to carry out the constitutional
| provision in effect nullifies it. You are
not asked to accomplish the impossi-
| BILE or to write upon the statute books
visionary scheme of moral reform.
You are asked to rid our law of a
| vicious discrimination whereby offenses
equally condemned by the constitution
| are punished as crimes If committed
| in one place and are encouraged by
the absence of suitable penalty If COM
| mitted in another.
| Chapter $40 of the laws of 1895,
| known as the Percy-Gray law pre-
tends in it's provisions with regard to
| authorized race tracks to prohibit
! limo
| the act. But it cheats the prohibi-
| ton by providing that the only
penalty if no memorandum or token
of the wagers be delivered shall be
liability to civil suit for the money
lost.
'Tf ever it was supposed that this
was an appropriate law to prevent
the offenses mentioned in the con-
| StitutiOn no one now cher1sheS the
illusion. 1t is a mockery of prohibi-
ton, and pool selling and bookmakins
flourish at the race tracks as though
| they were legally authorized. No,
only is this the result, but the en-
| forcement of the law elsewhere Is
embarrassed by these undemocratio
Determinations.
Plain Duty of Legislature.
'.It is not a question for the legis-
lature whether this vice should be
permitted or regulated. Under the
| constitution the legislature has nc
right to permit it or to regulate it
The people have spoken upon thai
question. You are asked. to make
existing prohibitions effective.
Instead of virtually protecting poo
selling and bookmaking upon the
race tracks-instead of favoring them
and subjecting them to an inadequate
penalty-the law can and should
effectively prohibit them by imposing
| penalties similar to those which are
| visited upon Identical offenses else.
| where.
1.-THE demoralizing influences and
| the menace to the welfare of the state
| which are involved in the continuance
of this evil are obvious. Still more
| important is the necessity of vindicat-
ing the fundamental law of the land
| and Of demonstrating that this is q
state where law and order prevail and
| where no interest is powerful enough
to keep on the statute books deceit
full provisions whereby prohibition
becomes profitable and a favored
| class of law breakers are afforded
| substantial immunity.
Respect for law is the security OF
| our government and the guarantees OF
the rights of liberty and will not long
avail if the people are taught to view
the constitution with contempt.
| therefore urge you to discharge q
manifest duty and to end the dis.
elimination in favor of race track
gambling which cupidity inspired and
now seeks to maintain
Governor Hughes recommends the
creation of a commission, the mem.
bers of which shall give their services
| without pay to inquire into the ''facts
and commodities with the view t.
ascertaining the manner in which
illegitimate transactions may be pre-
vented and legitimate business safe