New-York tribune., 1910-06-04
HUGHES TRIPS AUERBACH
Jockey Clubs Final Fight to Kill
Oral Betting Bills.
GOVERNOR GIVES HEARING
Lawyer Admits Trustees OF No
Other Association Are Spe-
cially Protected.
IBy Telegraph to The Tribune. ]

IBy Telegraph to The Trioune.l
Albany. June 3.-without much hope of
its success. the Jockey Club made one last
attempt to-day to prevent the Agnew-
Perkins bills against coral bookmaking"
from becoming law by sending Joseph S.
Auerbaeh here TO oppose them at hear
ing before the Governor. Mr.. Hughes. by
asking three or four pointed questions,
made Mr., Auerbach admit the truth of the
contentious of the advocates of the meas
ure most opposed by the wealthy members
of the Jockey Club, that no trustees or di-
rectors of any other association are ex-
pressly protected by law from penalty for
breach of the laws, are directors OF
racing associations regarding gambling at
their meets.
Three bills In this series are pending be-
fore Governor Hughes. one amending the
Agnew-Hart anti-gamhling law TO include
bookmaking with or without writing" an
other adding the words ANY inclosure or
place" to the description of premises used
for gambling and the third repeating the
old Percy-Gray law, and thus making d.
recters of racing associa ations liable person
ally for any gambling at racetraeks. Mr..
Auerbach repeated to the Governor the ar
guments made by him and others before
committees of the Legislature. He SAID
these bills, If they became law, would con-
stitute absolutely unwarranted inter-
ference with the personal liberty of scores
of individuals and be a great detrlment 10
vast property interests.
Mr. Auerbach argued that the measures
were ambiguous and would prove unen-
forceable The original Agnew-Hart race
track gambling laws, he insisted, should not
be amended until the Court of Appeals had
passed on pending litigation growing OUT or
attempts to enforce the law last year In
Kings County. At any rate. Mr. Auerbach
suggested that if amendments were to be
made new bills should be drafted for pres
entation at the extra session of the Legs
lature later in the month making the pro-
vision against oral betting plain. The pres
ent bills, ne said would prevent private
betting. although friends of the measures IN
the Legislature had declared that they were
not opposed to friendly wagers between in
dividuals, in which the professional book
maker did not figure.
Senator Newcombs amendment, which de-
fined bookmaking to mean the laying of
odds Ito all comers or to the public should
have been permitted to remain. in the
opinion of Mr.. Auerbach. This amendment
was adopted. but was later withdrawn by
Senator Newcomb at the suggestion of
Governor Hughes
Says Scores Will Suffer Through Laws
''The little ninmized betting which there
now is might better go on than that such
scandaIeus laws should go on the statute
6nd hot :
were supposed to be aimed at public bet-
ting, but in reality there would be so much
rnisinterpretaton of them that scores of in
dividuals would suffer.
Taking up the immunity section repealed
by one of the bills, Mr.. Auerbach sought
to show that this was only just 10 the
trustees of racing associations. He said
conditions at the tracks regarding gam
bling were not nearly so bad as on some
suburban trains or in some clubs.
Have any other directors OF trustees OF
associations such special protection?" asked
Mr.. Hughes.
NO, not precisely similar" came the
answer. after some hesitation on the part
of the racetrack lawyer.
'Then if this bill becomes law" per-
sisted the Governor, your trustees will be
I'm just the position regarding gambling of
trustees of baseball associations. or football
associations, or rowing associations, or of a
club Or other similar organza ttons."
And Mr.. Auerbach finally admitted that
they would. He made a great point of the
Governors splendid record in the executive
chamber and his reputation for judicial
decisions. urging him not to approve faulty
bills. even if his first impulse had been
favorable to them. He said:
Il am not unmindful of the fact that it is
doubtless true that the principle of these
bills has in sense your general approval.
and perhaps their form your quasi ap-
proval. and perhaps you entertain the view
that ii is essential to the welfare of the
community that some such bills as these
should be the statute books; and yet
l cannot persuade myself that this pre-
liminary view will be controlling with you
| IN the end"
Calls Precedent Unfortunate
"Whnt politicians may do or legislatures
may do, actuated by motives OF policy
which frequently control them, is of little
or no moment, because people appraise
their conduct at It's true value; but when
one with your record, your character and
your repute does an official act, 1t becomes
fortunate precedent. in my opinion, could
be set than that these bills should become
| the law OF this state.
Your repute is something which you
| have in keeping as well as We The record
of your administration as Governor of this
state is safe in the keeping of the people
! for you have held high as few men have
ever held the torch which lights tho way
over which men must go 20 find their
neighhor and the state. Amy man succeed
| ing to your office. of whatever political
faith he may be, consciously or uncon-
sciously will he controlled or greatly in
fiuenced by the standard you have set
But If this community should be persuaded
that the personal equation or an undue
| flxity of personal purpose has entered un-
| justifably into your official act a great
injury will be done to succeeding admins
trations and TO the cause of education OF
the public conscience"
Exception Taken by Agnew.
Senator Agnew took exception to some
Of Mr. Auerbach's remarks Indicating that
the bills had been hastily considered He
said that they probably had more hearings
than any other legislation this year. Mr.
A.tar rhap inns ha