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SENATOR GITTINS INTRODUCES NEW BILL. Part of Program for Relief of Racing in the New York Legislature Is Abandoned. Albany. N. Y.. July 12. — Senator Gittlns has introduced in tin- Senate a new bill designed to relieve directors of racing associations from criminal liability for violations of the betting laws made without their knowledge. Early in the session Sen ator Oil tin- Introduced two bills, one defining book-making as the receiving of wagers from all comers and the other providing that the directors and officers of racing associations should not be liable for gambling on the tracks unless they had knowledge of the same. Senator Oittins announced yesterday that he would abandon his proposed b-gisiati.-n. ex cent tin- provision exonerating the directors ami i.ltii eis aial be attempted l amend one of his bills to that end. This attempt resulted in a parliamentary wrangle. participated in by Senator Fiero. who was in the chair, and Senators Newcomli. P.rackett. llininan. , it tins and Wagner, which evolved the conclusion that Senator Gittlns attempt to amend his bill was not made in the proper order of business. Previously Senator Oittins had introduced a new bill to accomplish the purpose aoaghl by his amend meat and When majority leader Wagner pointed out to him that he could advance bis bill introduced tonight as speedily i«s his proponed amendment, Senator Oittins abandoned his attempt to amend his old bill. Senator Oittins new bill differs only from the bill designed for tin- same purpose introduced early in the session in that it eliminates the word "any in closure or place." Senator Oittins gave out the following statement in regard to the proposed legis lalion: "The directors liability bill as introdaced carries two amendmeetf to tin- existing statute known as the gambling bouse act." Were both amendment! made, the act would be restornl to the exact form in which it existed always up to 1910. The effect of tliis act bad been to make criminally liable the keeper of a gambling house, which, was broadly described as any tent, tenement, booth, building, float or vessel, so that by no construction could any one keep such a dive or any par: thereof to be used for gambling, etc.. and escape criminal liability. "Prior to 1908 by special exemption, poolselling and bookmaking within racing enclosures and during racing meetings were in t iii violation of the criminal law. Rut in that year, after the crusade against this form of betting, the Hart-Agnew law made such betting a crime punishable, without the option of a tine, by imprisonment for a term as long aa one year. The Oittins bill, now lending, docs not by one jot or titb repeal or affect the Ilart-Agtiew law of 1908, nor does it legalize or permit gambling iii any place. "The sole amendments proposed by the Oittins directors liability bill, so-called, strike out the gambling boose act the words or any Other en closure or place and insert 1 ho words to be in the same places where such words were loser ted an.l stricken out last year so that the gambling house act may remain as it was prior to 1910, and so that the director, trustee or other keeper of a club, baso-liall park, hotel, county fair or racing association or other like person may not be classified with the ancient oflienders known as gambling house keepers, anil so that no Innocent man may by any possibility lie imprisoned. "Most of the criticism against the bill has been based upon a misunderstanding, assidously cultivated, that my bill repeals the Hart-Agnew law and permits open air gambling while the law forbids gambling in the regular gambling houses. So skillfully has this misrepresentation been implanted into tin- hearts of good and misguided clergymen and others throughout the state that I feel called upon in the closing days of the session to abandon, for tin- present at least, the amendment which pro posed to take out of the statue the words or any other enclosure or place, and thus leave the keepers, of hotels, clubs, etc.. within the operation of the gambling house law in order to strip the bill of everything except the "to be amendment which inserts those words before the words used for gambling* and makes a conviction impossible without proof of guilty knowledge or intention on the part of the accused. "The falsity of the proclamation, sent out by the paid lobby opposing this legislation, that it will open every inclosure anil place in the state to gambling, would immediately appear if they made it apparent that m part of the Agnew-Hart law of 1908 is proposed to he repealed, and that every inhibition against gambling will remain unchanged, and that the only change sought to be made in the law-is to repeal the amendment of lust year, which grew out of spite and was enacted in utter disregard of the ancient legal principles which protect the innocent. Of course, the reformers claim that no court would enforce such a law. but the fact remains that the Legislature last year purposely took the words to be in the gambling house act aud thus disclosed a legislative intent tiiat guilty knowledge should not constitute an element of the crime, and all courts are bound by their oaths of office to administer the law as tiny find it and according to the plain intent of the Legislature. "It is now so late in the session that I have decided to strip the bill of everything, except the bare question as to whether this Legislature is willing to stand for the proposition that any man be im prisoned without fault on his part. So blue a law ■ever before has lieen grafted upon our statutes. It is a crying disgrace to see it there, and it is too bad that the effort to correct this outrage, simply because it insures to the advantage of directors of racing associations, should be widely characterized as being born of graft and corruption, and the legal effects of the bill distorted out of all keeping with the intent and purposes which are Its aim."
