This, like all other backward steps to a lower stage of moral effort, is

easy. For social conduct is the inheritance of complicated experiences,

retained only by sleepless vigilance, and exercised by the subordination

of the individual will to the social conscience. It is therefore

comparable to those high forms of chemical compounds built up of many

atoms but exceedingly unstable. The simple presence of a disturbing

element shatters the compound and reduces it to its primitive atoms.

Man’s self-regarding and primitive instincts are constantly threatening

to disjoint his social character and defeat all movements depending upon

that character for their success. To hope, for instance, that a labour

party can be built up in a population quivering from an indulgence in

games of hazard is folly. Such a population cannot be organised for

sustained political effort, cannot be depended upon for legal support

to its political champions, cannot respond to appeals to its rational

imagination. Its hazards absorb so much of its leisure; they lead it away

from thoughts of social righteousness; they destroy in it the sense of

social service; they create in it a state of mind which believes in fate,

luck, the irrational, the erratic; they dazzle its eyes with flashing

hopes; they make it, in other words, absolutely incapable of taking an

interest in the methods and the aims of reforming politicians. They lay

it open to the seductions of the demagogue, to the blandishments of the

hail-fellow-well-met type of candidate, to the inducements of the common

briber, to the flashy clap-trap of the vulgar and the ignorant charlatan.

And the discovery that such classes exist in the community will very

soon be made, and the whole tone of public life lowered to suit their

tastes. It is not without serious significance that in recent elections

one of the most common forms of argument (sometimes used by both sides)

has been an offer by the candidates to back up statements they had made

by sums of money. “It is not so much,” says Loria, the eminent Italian

sociologist, “the personality of the elected as the character of the

class which elects that really counts.” I do not say that this is to lead

to rapid and irretrievable ruin. Rome bore the burden of a luxurious and

gambling class of citizens for centuries. But I do say that the spread of

the gambling habit is one of the most disquieting events of the time for

those particularly who believe in self-government and in an intelligent

democracy using its political power to secure moral and social ends.

Every labour leader I know recognises the gambling spirit as a menace to

any form of labour party.

III

I have, finally, to consider what good citizenship has to say to

gambling, and how it proposes to deal with the matter.

We must remember that this, like so many other vices, is only a degraded

and degrading form of expressing a natural human need. Indulgence

in gambling is universal in primitive society, where it is closely

associated with religion, and at no time is it absent from the larger and

more absorbing transactions of civilised life. It is intimately connected

with the dominating type of will and the unflinching determination of men

to control. The gigantic strides which the United States have made in

industry have been possible only because the Americans have not flinched

in facing enormous hazards. This spirit finds apt expression in the

verse of that romantic embodiment of the love of hazard, the Marquis of

Montrose—

He either fears his fate too much,

Or his deserts are small,

Who does not put it to the touch,

Or gain or lose it all.

In the evolution of the race an important part has no doubt been played

by the men and the communities whose self-confidence was sufficiently

strong to enable them to make large drafts upon the unknown. Abnormally

and respectably—as in the form of genius—this spirit gives us “the man of

destiny”; abnormally but not respectably—as in the form of burglary—this

spirit gives us the high criminal. Normally, properly controlled and

toned, it gives us the successful man of business, the leader and

inspirer of men. This playing with the unknown in the faith that the

fates are favourably disposed has undoubtedly been, and is still to be,

a very important spur to energy, and one of the determining factors in

national survivals in the future. Indeed, it is inseparable from human

nature. Men will not tolerate a uniform drudgery, they will not live in a

world which is nothing but a featureless expanse. And this intellectual

appetite for risk, for projecting one’s self on to the silent stream of

fate upon which the barque of life mysteriously floats, must be satisfied

either legitimately or illegitimately, either in accordance with sound

morals or in the teeth of sound morals. The latter will be the case if

we condemn, as we do now, large sections of our population to conditions

of life from which their intellectual nature can get no satisfaction.

The appetites of that nature will not die away. Its functions will

not atrophy and degenerate. It will simply accommodate itself to its

circumstances. If it cannot command the food of the gods, it will fill

its belly with the husks which the swine do eat, and find a troubled

satisfaction in its degradation. “To be confined in the dark, or without

occupation, is to be made the victim of subjective tedium,” says Bain.[7]

We have confined our people in the dark, and they are gambling to break

the tedium.

Consequently, when we consider the responsibilities of citizenship for

the spread of the gambling disease with a view to devising some cure, we

shall have to begin by assuming that prohibitive Acts will not carry us

very far. We can stop bookmakers or their agents receiving bets in the

public streets or any public place; we can turn them off race-courses and

refuse to recognise any enclosure as sanctuary. We can even go further,

and prosecute any one who receives from another betting payments on any

event whatever. This last would be going very far—too far, perhaps, to be

practical. But at any rate we could prohibit the receipt of money from

children. We could also stop the publication of betting news, and our

Post Office could refuse to transmit circulars encouraging the gambling

appetite.[8] We might even combat successfully the much more difficult

problem of how to prohibit gambling at church and chapel bazaars. But,

when we have done all that, we have not gone very far. We have simply

restored life to its old, dull, monotonous drab, and we have turned the

natural instincts which the gambling habit satisfies from feeding at

one trough to find husks in another. To the great mass of the people we

shall but appear to be smug Pharisees, and a reaction will set in which

in its aggressive strength will play much greater havoc than even the

steady growth of the disease before it was challenged. Time after time

the failure of the reform campaigns of outraged respectability in America

has taught this simple lesson in moral politics. One cannot devastate and

then say, “Behold the good!” The gambling habit must be elbowed out, not

stamped out.

I would be exceeding the purposes and limits of this paper did I attempt

to sketch a programme of reforms which in my opinion would do the

elbowing. I can only indicate the skeleton of such a programme, and I do

so, not so much to urge my readers to accept it, as to emphasise that the

attack upon the gambling habit can be successful only if it is positive

and constructive, and not merely negative and prohibitory.

When we try to get to the root of our social vices of to-day we

ultimately find ourselves contemplating the sad effects of the steady

stream of population away from the green meadows on to the grey

pavements. Overcrowding in the towns and dilapidation in the villages

are the result. At best, under existing conditions there must always be

a fringe of our city population living from hand to mouth, contracting

the character of the casual and the loafer. But this fringe is made

much broader by the present urban immigration; the tarnished threads in

it are of finer quality than they would be otherwise, and the original

excellence of some of its stuff makes it all the more prone to vices of

certain kinds. The problem which good citizenship has to solve then, it

seems to me, is twofold. It has to discover how people can be induced to

stay on the land, and how, in towns, they can be provided with proper

surroundings. The only hope of a rural population in England is the

spread of intensive cultivation and of co-operative agriculture,[9]

and that again can hardly become general until our present system of

landlordism is broken up and public authorities own the land and let it

to suit the convenience of cultivators.

The town problems must be solved by a combination of public and private

associated effort. We must give up all hope of private owners being able

to supply decent houses at reasonable rents. The municipality should

become the sole housing authority within its own area, and where it

spreads out its arms of tramways beyond its own boundaries it should be

able to develop building estates on its lines of communication. With a

housing and tram policy should be combined a recreation policy, for it is

the lack of recreation in modern city life which leads to so many vicious

indulgences. Parks, music, museums, libraries, hardly touch the needs of

the workman no longer on the sunny side of thirty-five, wearied after a

day’s work. The public-house or the workman’s club is his resort.

Here we come to the centre of our difficulty. We cannot meet the needs

of the average workman who is not a teetotaller unless we place the

public-house under public control. This seems to me to be the first step,

not only towards national temperance, but towards the provision of that

rational amusement which is to protect our industrial population from

vicious allurements.[10]

But when all these facilities for an intellectual life have been

provided, they will be in danger of being neglected unless the people who

are supposed to benefit by them are led to pursue worthy human ideals.

The appreciation of the worthy is an inward quality. Here we come to the

saving grace of political convictions, the purifying effect of citizen

ideals. An immunity from anti-social indulgences depends upon the general

diffusion through society of an active desire for social improvement by

democratic means. This acts in two ways. It first of all quickens the

social conscience and the moral pride of the common man, and it also

safeguards him from imitating the vices of the worthless upper classes,

which, without the opposition of a strong democratic spirit, become the

models for the recreation and amusement of the masses.

Hence, turning once more for a moment to consider the causes which have

led to the present slackening of moral fibre, I find one of the most

important to be the loss of the democratic fervour which characterised

the people during about three-quarters of the nineteenth century. The

people have lost taste for politics. The generous enthusiasms of 1848

are criticised by the aged youth of our schools to-day as having been

over-sentimental and mere dreams. At any rate, they gave us sound

literature—Tait’s _Edinburgh Magazine_, Chambers’s _Papers for the

People_, Cassell’s _Popular Educator_; they laid the foundations of a

most important part of democratic education in the Mechanics’ Institutes;

they gave birth to a self-reliant generation of working men. Until

citizenship, radiantly setting out towards the splendour of a perfected

humanity, attended by a train of the beatitudes which the heart and mind

of man have been ever seeking, commands the allegiance and the services

of our people, the crowd, obedient to the necessity to worship imposed

upon it by its nature, will bow to false gods; and men, obedient to their

intellectual promptings to dally occasionally in the temple of Fortuna,

will do so in the gross, the only, way which is at present possible for

them.

EXISTING LEGISLATION

By JOHN HAWKE

When the intelligent public has become convinced of the existence of a

great social evil, it wants to know, in the first place, what laws are in

existence which can be applied in remedy of it, and what amendments of

the law are needed.

The text-books upon the present laws, through no fault of their authors,

are somewhat obsolete, owing to recent not altogether consistent

decisions of the Courts, although _Law Relating to Betting_, by G. H.

Stutfield, and _Law of Gambling_ (Coldridge and Hawksford), contain

much valuable information. The following summary is intended to present

a skeleton view of the legal position at this date, and for sake of

convenience the subject is divided under the two heads of Miscellaneous

Gambling and Betting. Whichever portion of the subject is treated, it

will be observed that the laws are both inadequate and not fully applied.

Miscellaneous gambling must be subdivided into (M) all kinds of

individual gaming unconnected with trade; (N) gambling in the stock,

produce, and other markets.

MISCELLANEOUS GAMBLING

M. _Individual Gaming unconnected with Trade_

(_a_) Illegal Games.

(_b_) Card Playing.

(_c_) Playing with Gaming-Machines.

(_d_) Lotteries and Sweepstakes.

(_e_) Press Competitions and Coupon Gambling.

(_f_) Gambling Clubs.

(_g_) Petty Gambling.

_(a) Illegal Games; (b) Card Playing._—The old-time absurdity of making

certain games illegal, because they were the ones chiefly used as

vehicles for gambling and left little room for skill, seems to have

resulted in throwing upon the Courts the difficult task of deciding what

other games come near enough to this class to share their disabilities,

and to have culminated in shaping the law in a direction very unfortunate

for public morality, so as to present a modicum of skill as a sufficient

leaven to create immunity for a very large element of chance. The

gambler avoids, as a rule, the named illegal games and turns to others.

Blackstone remarks upon his infinite shifts and the varieties of his

expedients, so that to pass laws especially applying to some games only

merely drives him into other courses.

The true principle is that no game in itself is illegal, but that the

gambling upon it may be. While the present laws make special regulations

and enforce specific penalties upon certain games, others which may

easily be as noxious cannot be dealt with. Consequently we have spasmodic

and partial attempts to enforce the law, and a series of enigmatic and

conflicting decisions in the Courts, resulting in a chaotic state of

affairs in which little check is put upon gamblers.

_(c) Playing with Gaming-Machines._—Notwithstanding that roulette is an

illegal lottery, it is an unhappy fact that of late years it has been

much more played than formerly. An inspection of tradesmen’s catalogues,

and a glance round the departments at the stores, tends to confirm the

impression that it and like games are becoming much more common. A member

of the Bar who many years ago took the silk gown, and who was known to be

averse to gambling, although going a good deal into society, has noticed

how often the green cloth appears not long after dinner, sometimes after

a postponement until he and those of like mind are about to leave. Its

public use may have been put down, but in private houses and in clubs

the roulette-table has multiplied its numbers. Here again, in connection

with gaming-machines, corruption has spread and gone lower down. The

automatic machines, at first used for the sale of sweetmeats, have been

altered so as to be made the vehicles of gambling amongst the poorer

classes, and especially children. They have already done irretrievable

harm. Investigating the subject in the East End of London, the writer of

these lines was told by a responsible person that they had taken such a

hold upon the young that, while in classes of poor boys comparatively

little difficulty was found in obtaining pledges not to drink and smoke,

much reluctance has been evinced with regard to promises to give up petty

gambling. Upon one occasion a bright boy flatly declined to add such a

pledge to others, saying that he could not give up the excitement of

using his coppers in this way. Most of the police prosecutions have been

successful, and fines have been imposed under sec. 44 of the Police Act;

while the machines were without hesitation pronounced to be illegal upon

licensed premises. It may be hoped that the latest decision in _Fielding_

v. _Turner_ in the Divisional Court will go far towards stopping their

use for gambling, now that they can be confiscated. So serious a matter

had they become that the Home Secretary has promised to strengthen the

law if need be. But the eagerness with which the temptation they offer

has been responded to by the poorest of children should be a warning to

the authorities against the old looseness of interpretation in the matter

of laws against gambling. For children, at least, the old nonsense about

skill and chance should be entirely swept away, and severe penalties

enforced against all those who tempt the young in this manner. If not,

the growing generation will be worse in gambling than the present one,

and instead of a nation with a large minority devoted to the vice, it

will develop into a general habit in which the majority are involved in

one form or another.

_(d) Lotteries and Sweepstakes._—Lotteries are matters of pure chance,

which have been gradually restricted by a long series of statutory

enactments; and in 1823 the last form, that of the public lottery, was

abolished, the sole remaining exception being the ones connected with

Art Unions, which have since been discontinued. Lotteries were found to

be debauching the public and affording opportunities for fraud, but have

not been wholly got rid of, as they are still carried on in connection

with charity bazaars and in the form of sweepstakes, chiefly held upon

horse-races. These latter, when subscribed privately and in clubs, are

winked at by the authorities, but fitful prosecutions against publicans

and others are heard of from time to time. Bazaar raffles, “fish-ponds,”

etc., are no less illegal lotteries than sweepstakes under the Lottery

Acts; they come within the provisions of 12 Geo. II. c. 28. It has,

unfortunately, become customary for the authorities to take no action

when raffles are held for charitable purposes, but all the churches of

late years have been condemning the practice, and it is coming to be

looked upon as a disreputable one, so that the law might now be enforced

without any serious conflict with popular sentiment. It should be enough

for clergy and ministers, however, to know that in the strict eye of the

law those who have anything to do with bazaar raffles are rogues and

vagabonds, if this is necessary to supplement the consideration that

true religion must lose more than it gains by proceedings which have

frequently involved the first step taken by the young in the paths of

hazard, and led them into a career marred by misery if not crime. The

existing statutes do not give the Post Office authorities sufficient

powers for the detection and destruction of lottery matter; and the

protection of newspapers advertising lotteries by 8 & 9 Vict. c. 74,

making the fiat of the Attorney-General necessary for prosecutions, is

considerably abused.

_(e) Press Competitions and Coupon Gambling._—This is a most serious

branch of the evil, for which the press is very largely responsible.

Its grossest manifestation occurred some years ago in connection with

horse-racing and football playing. Unfortunately, some years prior to

this, in 1895, a judgment in _Stoddart_ v. _Sagar_, the scope of which

was mistaken by the public authorities, was held to rule the pernicious

system outside of both the Lottery Acts and of the Betting House Act

of 1853, and the question was neglected, with the consequence that the

system grew to such an extent that in the year 1900 it was brought

prominently before the council of the National Anti-Gambling League. Upon

investigation they found, amongst other flagrant instances, the case of

an obscure so-called sporting paper, the circulation of which had been

raised by means of these coupons to 100,000 a week. At the trial of the

proprietor, evidence was given on behalf of the General Post Office that

the letters with remittances were so numerous as to necessitate a special

delivery amounting to 20 sacks weekly. By evidence given by the London

and Westminster Bank it was shown that £63,680 was paid in to the account

of these valued customers in the first six months of 1900; and the prizes

paid away to successful gambling competitors had risen from over £10,000

in 1897 to over £27,000 in 1898; over £47,000 in 1899; and to September

only of 1900, to £46,000. It was not merely a penny or a shilling gamble,

as any number of penny lines could be filled in in the coupon, and any

number of coupons could be used by the same person, special directions

being published in the paper to save those competitors trouble who were

dealing in a large number, so that hundreds of pounds could be arranged

for in a few minutes, and cheques remitted. The receipts of this one

establishment in postal orders, etc., were shown to amount to £2000 to

£3000 a week. The prize for the Lincoln Handicap of 1900 was £3000. The

Courts unanimously decided that these coupon schemes came within the

scope of the Betting House Act of 1853. This was confirmed in later

cases in the King’s Bench Division and Appeal Court, and the judgments

incidentally comprised the most valuable decision, _that deposits to

betting-houses were none the less such if received indirectly, and not

at the premises_. One loophole was left. The 1853 Act may not apply to

betting-houses abroad. The proprietors moved their offices across the

Channel, continuing their advertisements in the low sporting papers,

and these were even admitted to otherwise respectable prints, tempted

presumably by the higher rates shown in Court to be paid for this class

of advertisement. An attempt was subsequently made in prosecuting _The

Sportsman_ to put a stop to this, but the King’s Bench Division held

that section 7 of the 1853 Act relating to advertising could not be

considered to cover these advertisements, although the judges expressed

their regret, and the Lord Chief Justice laid stress in his judgment upon

the necessity for legislation.

As matters stand there are two difficulties, viz. (1) betting-houses

abroad (they are generally kept by British bookmakers who have moved

across the Channel) are probably outside the scope of the 1853 Act,

although their business is done by attracting the custom of the British

public by advertisements in our newspapers and receiving bet deposits

through our Post Office; and (2) the advertisements in question are so

worded as to evade the precise terms of section 7 of the 1853 Act, so

that the conniving newspapers cannot be punished. The consequence is

that the nefarious business is carried on from offices abroad, and will

be until stopped by a new Act. Cheating by the proprietors was common

enough at the offices in the United Kingdom, but has greatly increased

now that they are more out of the reach of their dupes, and some of them

are being prosecuted by the police for fraud, for which extradition

can be obtained, at the present time. This, however, will not stop the

gullible public from sending their postal orders in myriads to other

establishments; and its not being a criminal offence to publish in

British newspapers, etc., advertisements of foreign betting-houses is one

of the defects of existing legislation.

In addition to the above, however, organs of our low-class press,

and other journals which might be expected to maintain some ethical

standard, have been competing with each other in offering so-called

prizes, frequently of high value, for all sorts of competitions, some

depending much upon chance, and others cleverly disguised; the latter,

unfortunately, penetrating to homes where the very thought of betting

would be a scandal. Much demoralisation has been caused by the system,

and the laws are inadequate to deal with many of its subterfuges.

Betting & Gambling: A National Evil · 第 8 / 15 段