The Government of France has set an example to ours of prompt action,

although the evil there is an infant one as compared with ours, out of

which indeed it has arisen, thus adding one more to the responsibilities

of our nation for its gambling laxity. The occasion which aroused the ire

of the authorities of our neighbours was the distribution by _Le Petit

Parisien_ of £24,000 in prizes for guessing the number of grains in a

certain-sized bottle of wheat. The excitement was such that in ten days

the circulation of the paper more than doubled, and special shops were

opened in Paris and other large towns for the sale of bottles resembling

the sealed one in question.

_(f) Gambling Clubs._—Habitual gambling in the social clubs of wealthy

Englishmen has led to a very anomalous state of the law and of its

application. It is not worth while to go further back than the case

of _Downes_ v. _Johnson_ (Albert Club) to illustrate this. There was

no serious dispute as to this not being a betting club, or that the

purpose of its existence was not betting. No reasonable person could for

a moment doubt that if betting were stopped the club would collapse,

and the police authorities in 1895 made an attempt to bring about this

result. They had good reason for knowing the evil arising from it.

That provisions could be obtained, and were consumed in considerable

quantities, was shown; but any serious contention that such a club was a

social club would be dispelled by a visit to the premises, in an obscure

court turning out of Fleet Street. The judges, however, appeared to be

hampered by a desire to shield private betting, and the judgment remains

the charter for organised house betting under the protection of the

name of club. There are several other such large institutions in London

and elsewhere (besides innumerable smaller ones), the chief of those in

the metropolis being notorious gambling centres, where settling day is

carried on in the same business-like way as on the Stock Exchange. They

all owe their continued existence to the reluctance of the Courts and

Parliament to deal with the card and Turf gambling which goes on at the

well-to-do clubs, and thousands of gambling centres all over the country

are shielded by this unhappy partiality.

The above decision may be said to have broken up any efficiency of

existing legislation, and so pernicious has its effect been that a very

modest attempt to reduce the number of the poorer class institutions

was at last introduced as a makeshift in the Licensing Act for the

registration of clubs, which came into force on January 1, 1903. It is

true that it only applies to clubs selling liquor, but as betting men

are almost invariably drinkers it is probably comprehensive in this

sense. Its inefficiency was illustrated last May by a decision of Mr.

Justice Bucknill, by no means a lover of betting men, who presumably

considers himself bound by former decisions. The judge must have known

the extreme difficulty of the police getting evidence at all, and that it

probably could not be got except by the raid, which he approved, and that

a second raid after such a warning would almost inevitably be abortive.

Yet, although systematic betting was proved, he ruled that it was not

illegal, although it might have been so if it had been shown to go on day

after day. The false protection extended to the race-course rings by the

Powell-Kempton Park case would be incomplete if it were not to cover the

betting clubs, and no branch of the gaming laws is more defective than

with regard to these latter.

Last year the Grand Jury at Liverpool made a presentment in which they

called attention “to the large sums of money extracted from the public

by the so-called social clubs, which have formed the subject of several

of the prosecutions which have come before us, and we feel that much

harm must be done to working men and clerks belonging to the city by the

assistance of these clubs.” Unfortunately, while the Act in question

gives facilities for proceedings against such institutions, the police

are often bribed. The writer knows of more than one instance of notice of

a coming raid having been secretly given by police officers. In one case

in London the proprietor openly boasts his defiance of any attempt to set

the law in motion against him. Matters are no better in the provinces,

and are not likely to be anywhere until the police have been thoroughly

overhauled.

_(g) Petty Gambling._—A few only of the multifarious forms of petty

gambling can be mentioned here, principally with reference to the

temptations spread before the rising generation. Amongst them are the

automatic machines referred to above, which an ever-vigilant and not

too scrupulous commercial instinct has been busy in turning to account

for the purpose. Playing-cards figure also under this heading as a very

widespread source of demoralisation among the young, especially in poor

districts. Enormous quantities are sold in this country, as statistics

show, and now that they are made small and cheap they are to be found

everywhere. Amongst the young—where there is no bribery or but little—the

police are more active and unrestrained. Gaming with cards and in other

forms in a public place is prohibited, and prosecutions in connection

with them are frequently reported in the newspapers. It is consequently

often followed by juveniles in the poorer class refreshment-houses, and

the proprietors are liable if in any way conniving at it, as in the

case of a man at Hammersmith, where fifteen boys were found playing

nap, and it was shown that he charged each boy a penny by the half-hour

for the table. This sort of thing is going on all over the kingdom, and

between the example set by their elders and the difficulty of passing

more drastic laws while leaving gambling almost unfettered for rich

people, the coming race in Great Britain promises to be worse rather

than better, notwithstanding all the efforts of reformers. Sir W. H.

Stephenson said at Newcastle some time ago, in sentencing a group of

lads for gambling, that he did not know what would become of the rising

generation. Very numerous instances could be quoted of remarks showing

the astonishment and despondency felt by magistrates generally. At many

of the Courts hardly a week passes but what a batch of these young

offenders has to be dealt with. Organised Sunday gambling is very common

in numbers of districts, regular scouts and a system of signalling being

maintained to outwit the police.

N. _Gambling in the Stock, Produce, and other Markets_

It may be said that there is positively no effective legislation in

existence, if an exception be made of the Bank Act 1867, 30 Vict. c. 29,

which provides for contracts identifying the shares of banks bought and

sold. However thoroughly we may be convinced that much of the business in

the above marts is to a great extent a matter of gaming, it is impossible

to ignore the fact that there is a large amount of legitimate business

transacted in them, and that the commercial world could hardly exist

without them. There is, moreover, the great difficulty of drawing a line

between the commerce and the gambling. Of course the havoc and ruin

arising are known to all. The Stock Exchange is probably responsible for

as much loss and misery as even the Turf, and the suffering caused in

Lancashire by the recent cotton gambling is but one instance, and that

as it were a by-product, of the extravagant transactions of the produce

exchanges. Pages might be filled with instances, such as the sale on a

single occasion of two millions of a well-known railway’s stock, only

£500 of it being a genuine investment. Where a commercial element is

inherent, and of shifting and unascertainable proportions, difficulty

has hitherto been found in framing laws against gambling which would

not hamper legitimate enterprise; and consequently, in our country,

by leaving things alone, the gambler has been actually encouraged by

allowing him to go scot free of the moderate _pro rata_ dues exacted from

the investor. In this particular the present laws are most unhappily

defective, and when we come to deal with remedies on a later page

suggestions will be made upon the subject.

BETTING

In the forefront of existing legislation with regard to betting is the

great statute known as the Betting Act 1853, 16 & 17 Vict. c. 119. “This

most salutary Act,” as Lord Chief Justice Russell called it, was passed

when betting by the deposit of ready money was carried on to an enormous

extent in houses and offices in towns, and only to a very limited extent

in race-course enclosures; and the Attorney-General of the day, in

telling the House of Commons that the Bill was not intended to interfere

with Tattersall’s, was either unaware how rapidly the ready-money system

at the races was growing, or designedly suppressed allusion to it, as

an awkward question not absolutely necessary to be faced at the time.

The Act crushed the town houses, and the business was transferred to the

rings, and the question of the application of the Act to these open-air

betting-shops was not decided by the (Criminal) High Court until 1897,

in _Hawke_ v. _Dunn_ (1897, 1 Q.B.), when Mr. Justice Hawkins, whose

knowledge of the Turf was well known, delivered an unanimous judgment on

behalf of the five judges of the Queen’s Bench Division who heard the

case, holding the rings to be nothing but betting-houses or places. This

meant police raids upon the rings, and the writer was assured at Scotland

Yard that the police force would do its duty. But the stoppage of half

the race meetings in the country was involved, and the Jockey Club and

the bookmakers immediately trumped up a collusive civil case—_Powell_

v. _Kempton Park Co., Ltd._ (1897, 2 Q.B.)—which could be carried above

the (Criminal) High Court. The supposed plaintiff was a clerk in the

office of the business men of the Jockey Club. It could not be found

that he was either a householder or a ratepayer at the suburban address

endorsed on the writ. His only status was obtained by getting a single

share in the Kempton Park Co. from one of its directors, a bookmaker, and

within a month of the above decision a writ was issued by him under the

pretext that he wished to prevent the company permitting the illegalities

condemned in _Hawke_ v. _Dunn_, but for the real purpose of re-trying

the question in a form which might give a chance of overthrowing that

decision in the Court of Appeal and the House of Lords. In each case the

Courts were divided, but the majority of both went against the unanimous

judgment of the Criminal Judges, although the collusion and misstatements

were of so scandalous a nature that they were denounced by more than one

member of the latter tribunal. These cases were long, but for the general

public the question of whether the existing legislation of the Act of

1853 ought or ought not to have been held to apply to the rings can be

put in a nutshell. All the Courts agreed that the rings must be treated

as if they were capable of being “places.” How then could they be ruled

out of the Act? Everything turned upon the construction of the language

of sections 1 and 3; here it is, abbreviated but not altered: “Any person

who, being the owner or occupier of any place, or a person using the

same, shall open, keep, or use the same for the purpose of any money

being received, etc.; and any person who, being the owner or occupier,

shall knowingly and wilfully permit the same to be opened, kept, or used

by _any other person_ for the purpose of any money being received, etc.”

Everything turns upon the italicised words. Lord Chancellor Halsbury and

the majority of the judges took the only view under which it was possible

to protect the rings, by holding those italicised words to mean a person

having authority over the whole ring, a person analogous to and of the

same genus as the owner or occupier, and therefore as not applying to any

one of the various bookmakers carrying on business on his own account

within it. Three questions which were not asked should have disposed of

this view entirely:—

(1) If the _any other person_ is a person analogous to and of the same

genus as the owner or occupier, why is he in this second part of section

3 clearly considered to be in the subordinate position of a user by

permission? And if this second part of the section does not hit such a

person as the bookmaker, what possible person can it be aimed at, not

already struck by the first part of the section (other than those having

the care or management separately named later on)?

(2) Why did the Act immediately stop the business of the town houses?

For, under the construction now given to it, the proprietor had merely to

alter his arrangements, announcing that he himself would take no part in

the betting, but would get his profit by an entrance fee charged to all

comers alike, as the proprietors of the rings do.

(3) Under this construction, what is to prevent houses or rooms being

opened in towns by hairdressers, tobacconists, or others, charging an

entrance fee to all comers, but the proprietor taking no part in the

betting?

Briefly summed up, the House of Lords’ judgment comes to this. The

Kempton Park ring owners or occupiers are not responsible, because they

do not themselves carry on the business of betting in the ring; and the

bookmakers are not responsible, because, although they do this, they are

not owners or occupiers, or persons using the same in control of, or

authority in the place.

We have pointed out that the Act could have been shown to apply to the

bookmakers but for the disgraceful collusion of this case, in which

plaintiff and defendants desired the same result; but it is proper

to qualify this by saying that the professional men, upon one side

at all events, should be looked on as dupes rather than accomplices.

Unhappily, it must be added that such a black page of disgrace would not

have defaced our Law Reports but for private and influential pressure

brought to bear upon certain members of the Courts of such a nature as

to have outweighed with them the fearful responsibility of throwing open

every public-house in the kingdom—indeed, potentially, every private

house—as an authorised betting establishment; for the decisions finding

public-houses to be “places” because bookmakers carry on business in them

is absolutely contrary to the Powell-Kempton Park judgment, although

this is done occasionally by the Courts, most anxious as all of them

are to prevent the evils arising from public-house betting; but the

shifts to which they are driven to reconcile their decisions with the

Kempton judgment are almost as amusing as they are humiliating. Thus the

strong arm of the Act of 1853 has been temporarily paralysed, and these

peripatetic Monte Carlos all over the kingdom, the rings, have had their

lives prolonged for the present.

There are, however, two subordinate sections, 5 and 7, which are of

great importance, or rather have become so through the exertions of the

National Anti-Gambling League. By judgments obtained in the King’s Bench

Division, and confirmed by the Court of Appeal (_Lennox_ v. _Stoddart_

and _Davis_ v. _Stoddart_, C.A. 1902—2 K.B.), under sections 1 and 3 of

the 1853 Act, the deposit of money for betting is illegal, even though

not made direct to the house or place of business of the bookmaker. By

these judgments it will be seen that all bookmakers advertising from

offices in the United Kingdom and receiving deposits (before the issue of

the events betted upon) there _or elsewhere_, directly or indirectly, are

keepers of betting-houses, and their advertisements illegal under section

7; and that the newspaper proprietors admitting these advertisements are

also offenders under the same section. This has only recently become

clear in law, and still awaits application on a large scale. The same

remark applies to the operation of section 5, under which, by the Court

of Appeal decisions referred to, all such deposits can be reclaimed for

the senders by the special statutory right of the Act; in the words of

Lord Justice Matthew, as “a penalty, or mulct in the nature of a penalty,

for a violation of the terms of the Act of Parliament.” In many cases

considerable sums have already been refunded by the bookmakers, but,

while any loophole is left open by doubts as to the application of the

Act of 1853 to bookmakers ostensibly giving no address in the United

Kingdom, but carrying on business across the Channel, there is something

to be said for the policy of not pressing the application of sections 5

and 7 before other lines of the campaign against the professional betting

system.

Although the destructive judgment in _Powell_ v. _Kempton Park_ reduces

the public fear of betting in houses or places other than race-course

rings to little more than a popular superstition, provided such places

are arranged as indicated above, that fear still prevails, and has

consequently brought about a regular system of betting almost anywhere

and everywhere out of doors, commonly known as street betting. For many

years the association formed to combat the general evil has busied

itself, _inter alia_, in getting County and Municipal authorities to

pass bye-laws against this street system of betting, and these are now

in force in about 150 areas, including many of the principal cities

and counties, but the Acts sanctioning these bye-laws (Counties, sec.

16 Local Government Act 1888; Cities, Towns, etc., sec. 23 Municipal

Corporations Act 1882) only permitting a maximum fine of £5, without

powers of arrest and search, have been found unequal to the evil, so that

the fines are merely looked upon by the bookmakers as a tax on profits;

and to the despair of the authorities the effect is merely to enhance

the police fines by a small share of the profits of the trade. Wealthy

bookmakers employ several underlings, and drive round in a trap at stated

intervals to receive their takings, never appearing themselves before the

magistrates, but merely supplying the fines to their servants. Others

surround the exits of places of business of all kinds at the dinner hour,

or even collect deposits at the small houses of the workers, during their

absence, from their wives; and numbers of them adopt the subtle plan

of bribing foremen and forewomen on the business premises to act as

their agents by giving them a commission on the profits. Circulars have

been published in the _Times_, received from bookmakers by foremen in

the employ of mercantile firms of first class standing, offering 10 per

cent commission to influential employees. Convincing evidence was given

before the Select Committee of the House of Lords as to the deteriorating

effects of the professional betting system upon the character and work

of British artisans, and the information subsequently published by the

Moseley Commission strongly confirms this in making comparisons with

foreign workmen.

SUGGESTED ALTERATIONS IN THE LAW

BETTING

Having laid before the reader an account of existing legislation at

the commencement of the twentieth century with regard, firstly, to

Miscellaneous Gambling, and, secondly, Betting, suggestions shall now be

made as to how the law can be amended and made more operative; but as the

last of the two items, Betting, is freshest in the mind, the order shall

be reversed, and it shall first occupy our consideration.

It would be useless to confuse the reader’s mind by going through the

statutes relating to betting, other than the Act of 1853, which is the

reformer’s armoury; but it requires to be refurbished and enlarged, and

will then be capable, supplemented by the proposed Street Betting Bill,

of bringing about a great and beneficial change.

What is desirable must be subdivided into what may be considered now

practicable, in accordance with the position approached by public

opinion; and further reforms, to prepare the way for which social

reformers have still much to do.

It may be wise, and save time in the end, to confine attempts at

legislation to three short and simple improvements, viz.: (1) passing

the Street Betting Bill for largely increasing the fines and inflicting

imprisonment for that offence, as unanimously recommended by the Select

Committee of the House of Lords; (2) an amendment of section 7 of the

Betting Act of 1853, subjecting advertisements of foreign betting-houses

to the same penalties as those in the United Kingdom; and altering the

wording of the same, which now only condemns advertisements “whereby

it shall be made to appear,” which words were regretfully held by the

King’s Bench Division in _Ashley and Smith, Ltd._, v. _Hawke_, K.B.D.

1903 (_Sportsman_), not to cover the advertisements of notorious

betting-houses, as the advertisements on their face merely referred

to races, etc., and gave the necessary address for communications and

remittances. Such advertisements have always been considered as dubiously

lawful, and double charges are paid for their insertion. More than one of

the sporting, or rather betting, papers make profits of £5000 to £7000

a year out of them; and the Lord Chief Justice, in his judgment, spoke

of the necessity of legislation, as has been already stated; (3) making

payments of bets in public-houses illegal. A Bill of twenty lines might

cover the whole of the above.

With these three amendments of the law, and Scotland Yard enforcing the

present laws as expounded in the Court of Appeal cases above against the

betting-houses, great progress will be made. The bankruptcy authorities

should take advantage of these decisions to insist upon the return of all

monies sent to bookmakers by debtors within the statute of limitations,

under section 5 of the 1853 Act.

But these improvements, so long as the _Powell_ v. _Kempton Park_ case

remains unchallenged, or the law as to “persons using” unaltered, will

still leave all British sport grounds open to the baneful influence of

the bookmaker—indeed, as previously explained, every house, room, or

enclosed place in the kingdom. The time will surely come when the nation

will insist upon this scandal being removed. Reasons have been given for

thinking that the House of Lords’ judgment in _Powell_ v. _Kempton Park_

cannot possibly be the right interpretation of the Act of 1853; and that

it was differently interpreted by the racing world, and by the Jockey

Club itself, even twenty years after it was passed, may be shown by here

quoting from the notice in the _Racing Calendar_ published in 1874: “It

having come to the knowledge of the Stewards of the Jockey Club that

betting for ready money in the ring ... has taken place at Newmarket,

they hereby give notice that no such illegal betting is permitted either

in the enclosures or any part of their property at Newmarket.” Thus in

1874 deposit-taking by bookmakers was held to be illegal, for it is quite

impossible that the notice refers to persons in authority and control,

as Lord Halsbury now says the persons using are, for the controllers

were the stewards themselves or their managers, and these managers are

separately provided for in the Act. When it is determined to suppress

professional betting the alteration in the wording of the Act need be

only a simple one to free athletic sports of all kinds from the farce of

the immunity of the proprietor as not betting but taking entrance fees,

and of the bookmakers as betting but not being proprietors. But if the

awful consequences following from the professional betting system were

fully known, an Act making the calling itself entirely illegal would

appeal strongly to the public conscience. To license them would be as bad

as to return to the days of state lotteries, or to adopt the Continental

plan of taking special taxes in commutation of the offences of those who

trade upon other vices.

MISCELLANEOUS GAMBLING

N. _Gambling in the Stock, Produce, and other Markets_

Betting & Gambling: A National Evil · 第 9 / 15 段