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APPEARS BAD FOR NEW YORK RACING. Senate Codes Committee Reports the Agnew Bill, Recommending Its Passage. New York, March 11. — The senate committee on codes today reported favorably by a vote of 5 to 2 the Agnew bill amending the penal code to fix a penalty of imprisonment only for gambling in connection with horse racing. The bill as reported is amended so as not to take effect until September 1. This amendment was adopted by a vote of 4 to 3. The amendment, while pressed by the opponents of the legislation recommended by the governor, nevertheless makes the operation of the bill correspond with the usual rule of code amendments, which almost invariably are drawn to take effect September 1. but if adopted, would exempt the majority of this summcr"s racing schedules from the anti-gambling legislation. The amendment, as now before the senate, strikes out the exclusive penalty clause with which the Percy -Gray act made lietting on the tracks possible and makes uniform the penalty for gambling, book-making and poolroom keeping of one years imprison-m nt, without the option of a fine. The result is regarded as a partial victory for the tracks, as racing will go as at present until September • under any circumstances, if the bill passes in its present form. It is likely that tie amendment will l e fought on the floor and every effort made If the friends of the governor to have the act take effect immediately, as originally planned. On the other hand, the friends of racing will probably endeavor to have a further amendment inserted making the act take effect next year, under the plea that so long as half of the racing season is not interfered with, in justice to the tracks, which have expended large sums in preparation for this years racing, they should be given the full season. ■ -— — -."-- Friends of the governor say that when he was informed as to the amendment vote he made it clear to them that he would not for a moment consent to a proposition to make the bills effective on September 1. This would seem to make possible a direct struggle between the governor and the legislature, as a number of those who are in favor of the bill arc also insisting that the amendment is perfectly proper. The result of the contest may be the defeat of the anti racing legislation altogether. If the assembly codes committee reporls out the codes bill without amendment, and makes it take effect at once, and the senate stands firm on postponing the date, the struggle of last year on apportionment, when each house refused to pass the bill of the other, might again arise and the bills fall. a« it were, between two stools. Racing men here have not given up by any means, and iK-lieve the bills will be beaten in the senate or by further amendments.
