The Birmingham age-herald., 1911-02-11
RACE TRACK SCANDAL
 AGAIN ID THE FRONT A New York Politician Is on
 Trial for Bribery
 HISTORY OF THE CASE E;oh+ ;n Nax., NorL c+.+o on Pao;no
HISTORY OF THE CASE
Fight in New York State on Racing Goes Back in This Instance Two Years When Hughes Be
 came Aroused

New York, February 10.-(Special )-The corrupt conditions that existed in the New York state legislature during the discussion of the anti-race track bills in the spring of 1908, are due to receive an additional airing now that former State Senator Frank J. Gardner is on trial here on the charge of offering bribe of $25,000 to ex-Senator Otto Foelke~. to vote against the measures which prohibited tetting at the race tracks. Interest in this trial is very widespread. as it is the result of a tale of political corruption, which for boldness and the amount of money Involved, has never before teen equallel. A half million dollars was raised tn de-
 feat this measure and votes were bar tered like so much merchandise. These facts have already been disclosed by the legislative Investigating committee, which went out of existence on January 15 last. District Attorney Whitman believes, how ever, that the trial of Gardner VIII re- suit in fresh disclosures .nd possibly lur- nish clue as to the identity of the law makers who received this money in ex- |
 change for their votes.
 The principal witnesses will be Con gresman Otto G. Foelker and Assistant District Attorney Robert Elder of Brook lyn. According to Rockers story, which was told to the investigating comrlittee last fall, Gardner offered him s25.0O0 in June, 1s0S, when he was a member of the New York state senate to vote against the anti-betting bills which were then be- fore that body. Assistant District Attor- ney Elder will repeat the testimony he offered to the committee in which he told how Gardner had related to him ths
 tale of the meeting of the race track in- terests at Delmonicos, at which half a l million dollars was raised to beat the | racing bills. According to Elder, Gard Ter said that Foelker had received s1o.000 to vote against the bills, put had then voted for them.
 This testimony, however. will be sup plementcd by that of other witnesses,
 who have not appeared before the inves-
 tigating committee.
 History of the Scandal | The history OI tHe race tTdCk aDF.DcTy scandal dates back to the spring of 1908,
 when the Hart-Agnew bill prohibiting gambling at race tracks was killed in the
 senate, after it had passed the assembly. Governor Hughes, who was supporting
 the measure, called special session of
 the legislature for the purpose of pass | ing the bill.
 Immediately the whole state was afis me with excitement. The race track measure | was by no means a partisan one as 1t
 was opposed by many machine reppbli- l cans as well as democrats. The l-aders
 in the senate and assembly who had op- 1 osed the bill were infuriated at the governors action and vowed that he
 would never get the measure th: ough. The racing men poured hundreds of thou sands of dollars into Albany to aid in | the fight.
 | But the chief executive had public cpinion behind him. and the me. sure went through the assembly without any trouble The big fight, however. red | ir the senate Both sides claimed an even number of votes. The fate of the
 measure rested with Senator Otto c. Foelker who was dangerously i'll at his nome in Brooklyn On tho day the vote | was to be cast Foelker was taken to AL lbany and carried into the senate cham | l in favor of the bill and ended racing in
 New York state in so far as betting was concerned.
 Although 1t was known that there had been plenty of money circulated in ar effort to kill the bill. and rumors of hIib. cry were all over. the entire matter soor passed into history
 Affair Again stirred Up
 It was two years late., at the opening Of the 1910 session, that the affair was again stirred up. and in very curious manner The republicans had elected Sen. ator Jcthan P. Aids as president pro tenn of that body. despite the opposition of several of the members, among whom I was Senator Ben Conger So desperate did the latter become in his fight against Aids that he told several of the vcpub. Ilican leaders in the senate that Aids had luccepted a bribe in 1905 from Conger tc Insure the passage of some bridge leg islation, Conger explaining that he wal 4 head of bridge company.
 The newspapers got wind of the con. lyersation and publisllsu the whole stcry which resulted in an investig gstion by thu