New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-07-14
FORCE VOTE AND LOSE
Racing People Fail, Although
Aided by Lieut.. Governor.
GITTINS MEASURE DEFEATED
After Heroic Efforts They Can
Muster Only 20 of 26
Votes Necessary.
fBy Telegraph to The Tribune. ]

Albany, July 13.-Despite the aid OF Lieu
tenant Governor Conway. who By two re-
markable rulings did all he could to
further the interests OF the racing people,
the Gittins bin to relieve trustees of race
tracks from personal liabilities for viola
lions Of the anti-gambling laws at their
tracks to-day failed of passage by vote
of 20 to o. The advocates OF this measure
lost all along the line In their fight. and
present Indications are that all legislation
designed TO change the anti-gambIing laws
is dead for this session
Undoubtedly the racing people will call
up this measure again before the Legisa-
ture quits work. They insist they can get
the lacking six votes which would have
passed it to-day. IL they do, they Will
have TO get them from this list Of abb
sentees: Allen. Argetsinger. Emerson,
Griffith, Hewitt Thomas and Walters. Re
publicans, and Harden and White, Demo
Gratis.
The legislators who engineered the fight
for the racing interests declare they have
Allen. Argetsinger. Emerson and Walters,
Republicans, and Harden and White.
Democrats. Emerson is one of the old
singer IS Republican from Rochester
who has voted with Tammany on several
occasions.
Aliens vote IS supposed to be swung by
Senator Bracket. Republican leader who
IL hot for the bill because he comes from
Saratoga White is a doubtful quantity.
He comes from district where the senti-
ment is strongly against racetrack gam
bling. He voted on the racetrack side UNI
I'll the bill came up for passage to-day.
then he was among the missing.
Gittins Opens Long Fight.
Senator Gittins started long fight.
mostly on points Of parliamentary prac-
tice when he called up his motion to sus-
pend the rules TO permit the immediate
passage Of his bill relieving the racetrack
directors Of liability for gambling at their
tracks. Supporters Of the measure had
done all they could to get the necessary
votes They had brought Senator Grady
from New York to the cspital and had cam
vassed the entire Senate time and time
again. They were much distressed by the
absence Of Allen, Emerson and Argetsinger.
but decided to go ahead with their fight,
trusting 20 luck. A rolcall on G!ttins's mo-
ton resulted % to 20.
Lieutenant Governor Conway ruled that
the rules were suspended, although one Of
the Senate rules declares specifically that
IT requires majority of all Senator'S elect
ed. or g. TO suspend the rules. This point
was not. raised by antagonists of the
gambling bill for a few moments. They
were engrosscd in wrangling with Senators
Gittins and Stilwell. the latter chairman OF
the Codes Committee. about the possibility
Of discharging that committee from further
consideration OF the bill. This at length
was done by vote Of q 10 10.
Then Senator Newcomb raised the point
that the rules had not been suspended
properly and legally. and that. therefore.
the Senate could not proceed 10 vote on
the bill. While he and Grady were dis
leader. and others. were suggesting a way
out OF the dilemma 10 the Lieutenant Gov
ernor. They told him that he could not
sustain any contention that the rules had
been suspended properly. and that the only
thing to do was to hold that Newcomb was
right. hut had forfeited the right to raise
that point by waiting until the Senate had
taken subsequent step in order of bust
ness This he decided to do. Lieutenant
had been absolutely wrong in declaring the
motion 20 suspend the rules carried. as it
had not been But he held. further. that
when the Senate proceeded with further
business It was waiver Of the point Of
order