14. But the establishment of such a system in this country is open

to serious objections. In Australia, as the number of bookmakers is

comparatively few, it is possible for the racing clubs, which grant

the licences, to exercise a strict supervision and control. In this

country, where the number of bookmakers is so much greater, it would

be practically impossible for the Jockey Club to undertake the duty of

licensing, and, if the work were undertaken by the State, it would mean

the legal recognition of the bookmaker and necessitate the making of

betting debts recoverable by law.

15. The Committee after mature consideration do not think it would be

desirable to legalise betting in this manner, and are also of the opinion

that the establishment of such a system would rather increase than lessen

the amount of betting prevalent at the present day.

16. The latter objection can also, of course, be brought with equal truth

against the “Pari Mutuel,” as the absolute fairness of the “Totalisator”

system of betting is a protection to the small bettor, who might

otherwise not care to risk his money with a bookmaker.

17. In some of the Australian Colonies, in India, and in France this

system has been adopted, and is said to work satisfactorily. In France

the money invested annually in this way amounts to between six and seven

millions sterling. Two per cent of this sum is given to public charities,

and one per cent goes to the Minister of Agriculture and is devoted to

the encouragement of horse-breeding and to other similar purposes. The

Committee, however, fear that the evil of adopting this system would by

its encouragement of the gambling instinct far outweigh any gain that

might accrue, and therefore cannot recommend it.

18. It has been proved conclusively to the Committee that the practice

of betting in the streets has increased very much of late years, and is

the cause of most of the evils arising from betting among the working

classes.

The fact that bookmakers can ply their trade in the open street, and lie

in wait to catch working men in their dinner hour outside factories and

workshops in order to induce them to bet, is undoubtedly a great source

of evil.

19. Evidence has also been brought before the Committee to show that

street bookmakers bet not only with men, but also with women and children.

20. At the present time such offences can only be dealt with as

“obstruction” under various local Acts, or under particular bye-laws in

each town, the penalty in either case and the powers of the police being

inadequate to check the practice.

21. When a street bookmaker is convicted 25 times in four years and is

able to pay £137:8s. in fines and costs (to take a typical example of

many cases which have been brought to the notice of the Committee), it is

obvious that the profits of his calling must be very great, and that the

penalties provided by the law to restrain his trade are not sufficiently

strong.

22. The Committee, therefore, recommend that, in view of the acknowledged

evils of this form of betting, there should be further legislation,

enabling Magistrates to send bookmakers to prison without the option of

a fine for the first offence, who have been convicted of betting in the

streets with boys or girls, or otherwise inducing them to bet.

The Committee further recommend that bookmakers convicted of betting in

the streets should be liable to a fine of £10 for the first offence, £20

for the second offence, and that for any subsequent offence it should be

within the discretion of the Magistrate either to impose a fine of not

more than £50 or to send the bookmaker to prison without the option of a

fine. The Committee also recommend that the police should be given the

same power of summary arrest which they possess in cases of obstruction

of the highway.

23. The Committee recommend that the following amendments should be made

in the Betting Houses Act of 1853:—

(i.) That in view of the uncertainty which has arisen since

the decision of the Kempton Park case as to what constitutes

a “place” within the meaning of the Act, further legislation

should make it quite clear that bookmakers are prohibited from

carrying on their business in public-houses or in any public

place.

(ii.) That the meaning of “resorting thereto,” that is, to a

betting-house, in Section 1 should be extended so as to include

persons making bets by correspondence or through an agent.

(iii.) That, if thought necessary, having regard to recent

decisions, it should be made clear that it is an offence under

Section 1 for persons to use an office in the United Kingdom

for obtaining the receipt of money elsewhere, whether within or

without the United Kingdom, or for the proprietor of the office

to permit such user.

(iv.) That Section 7 should be extended so as to include the

advertisement in this country of any betting-house within the

meaning of the Act which is kept abroad.

24. The Committee further recommend that the Betting Act of 1874 should

be extended to the advertising of information or advice to be obtained

from any person or at any place, though it may not come within the

description of a betting-house within Section 1 of the Act of 1853, and

whether within or without the United Kingdom.

25. The Committee recommend that the Betting and Loans (Infants) Act

1892 (Lord Herschell’s Act) should be extended to ready-money betting

with infants, that is to say, the receipt of money from an infant as

consideration for a bet to be made with such infant.

26. The Committee recommend that on any race-course bookmakers should

only be allowed to carry on their business within definite rings and

enclosures.

27. Various witnesses have given evidence as to the prevalence of betting

at athletic meetings, and to the difficulty which owners of athletic

grounds have in preventing a practice which they with justice consider

opposed to the best interests of amateur sport.

28. Since the decision in the Kempton Park case, it has been impossible

for the police to stop bookmakers carrying on their trade at athletic

meetings, except at the direct request of the proprietors of the ground.

29. The Committee, therefore, recommend that on any race-course or other

ground on which a sport is being carried on, where a printed notice is

publicly exposed by the responsible authorities to the effect that “No

betting is allowed,” a bookmaker who continues to bet shall be liable to

summary arrest and a fine.

30. It has been suggested in evidence before the Committee that powers

should be given to the Postmaster-General and his principal assistants in

Scotland and Ireland, to open all letters supposed to contain coupons or

betting circulars sent from abroad.

In this connection the Committee have received valuable evidence

from Mr. Lamb, C.B., C.M.G., and Sir Robert Hunter, on behalf of the

Postmaster-General, which makes it impossible for them to recommend the

proposed suggestion.

31. The Committee are, however, of the opinion that the same power as the

Postmaster-General already possesses to stop letters sent in the open

post relating to lotteries should be given to him to stop circulars

relating to coupon competitions, or advertisements of betting commission

agents and sporting tipsters.

32. The Committee do not consider that it would be possible for the

Postmaster-General to make any distinction between the facilities

afforded to betting telegrams and other telegrams.

II

LORD DAVEY’S STREET BETTING BILL 1903

A Bill intituled “An Act to amend the Betting Acts 1853 and

1874, and for other purposes.”

Be it enacted by the King’s most Excellent Majesty, by and with the

advice and consent of the Lords Spiritual and Temporal, and Commons, in

this present Parliament assembled, and by the authority of the same, as

follows:—

1. The word “resorting” in section one of the Betting Act 1853, and this

Act, shall include applying by the agency of another person or by letter,

telegraph, telephone, or other means of correspondence, and the word

“resort” in section seven of the said Act, and in this Act, shall have

the same meaning.

2. The provisions of section three of the Betting Act 1853 shall extend

and apply to any person opening, keeping, or using, within the United

Kingdom, any house, office, room, or place for the purpose of any money

or valuable thing being received by or on behalf of the keeper of any

betting-house or office situate either within or without the United

Kingdom.

3. The provisions of section seven of the Betting Act 1853 shall extend

and apply to any person exhibiting or publishing, or causing to be

exhibited or published, any placard, handbill, card, writing, or other

advertisement whereby it shall appear that any house, office, room,

or place is opened, kept, or used either within or without the United

Kingdom for the purposes in the said section mentioned or referred to, or

any of them, and to any person who shall invite other persons to resort

to any house, office, room, or place either within or without the United

Kingdom for the purposes aforesaid or any of them: Provided that, if

it appear that any such advertisement or invitation has been published

in any registered newspaper inadvertently and without knowledge on the

part of the proprietor or manager of the newspaper of the nature of the

business advertised or the meaning of the contents of the advertisement,

the penalty may be remitted by the court.

4. (1) Any person exercising the business of a bookmaker or betting

agent by betting or offering to bet with other persons or inciting other

persons to bet with him, or receiving money or other valuable thing as

consideration for any bet, or paying or settling any bets in any street

or other public place, or any place to which the public have unrestricted

access, or any house licensed for the sale of intoxicating liquors, shall

be guilty of a misdemeanour, and shall be liable, if convicted for the

first offence, to a fine not exceeding ten pounds, and for the second

offence to a fine not exceeding twenty pounds, and for any subsequent

offence, if convicted on indictment, to a fine not exceeding fifty pounds

or to imprisonment, with or without hard labour, for a term not exceeding

six months, without the option of a fine, and, if convicted on a summary

conviction, to a fine not exceeding thirty pounds or to imprisonment,

with or without hard labour, for a term not exceeding three months,

without the option of a fine: Provided always, that if a person be

convicted under this section of betting with any person under the age of

sixteen years or receiving money from or paying money to any such person

or inciting any such person to bet with him he shall be liable for the

first and every subsequent offence to the maximum penalty or imprisonment

hereinbefore imposed for the third and subsequent offences.

(2) All books, cards, papers, and other articles connected with such

betting as aforesaid shall be deemed to be instruments of gaming, and

any person so offending as aforesaid shall be deemed to be a rogue

and vagabond within the meaning of fifth George the Fourth, chapter

eighty-three, and shall be subject to be arrested and searched in

accordance with the provisions in that behalf therein contained.

(3) Any person who appears to the court to be under the age of sixteen

years shall for the purpose of this section be deemed to be under that

age unless the contrary be proved.

(4) For the purpose of this section, the word “street” shall have the

same meaning as in the Public Health Act 1875.

5. The proprietors or persons having the control of any area within which

sports are carried on may exhibit at the entrance or in some conspicuous

place within the same, notices that betting is prohibited within the said

area or some part thereof, and, in that case, any person who shall hold

himself out as ready to bet with other persons, or incite other persons

to bet with him, within the area where betting is so prohibited, shall

be guilty of an offence under this Act, and shall be liable to the same

penalties as he would have been under this Act if he had been convicted

of betting in the street.

6. Any person who knowingly receives money from an infant as

consideration for a bet to be made with him shall be guilty of an offence

within section one of the Betting and Loans (Infants) Act 1892, and

shall be liable to the penalties imposed by that section, and the other

provisions of the said Act shall be applicable to him.

7. (1) The penalties imposed by this Act may be recovered by proceedings

under the Summary Jurisdiction Acts, and, in Scotland, in the manner

provided by section four of the Betting Act 1874, save where otherwise

provided; and, in Scotland, “indictment” has the same meaning as in the

Criminal Procedure (Scotland) Act 1887.

(2) The provisions as to arrest and search contained in Statute of

fifth George the Fourth, chapter eighty-three, shall, by this Act, be

applied to offences under sections four and five of this Act committed in

Scotland.

8. In this Act—

The word “bookmaker” means a person exercising the business of

betting with persons resorting to him for the purpose:

The word “betting agent” means a person acting as agent for a

bookmaker or for making bets between any two persons.

9. This Act may be cited as the Betting Act 1903, and shall be read with

the Betting Acts 1853 and 1874.

NOTE.—Lord Davey has just introduced another Bill entitled

“An Act for the Suppression of Betting in Streets and other

Public Places” (Eyre and Spottiswoode, London, ½d.). It is a

very valuable measure, but has been confined for good reasons

to offences coming under the title of Street Betting. In

any further legislation it will be necessary to bring the

advertisements of Betting Houses, the proprietors of which call

themselves Commission Agents, whether British or Foreign, under

such provisions as those of the Betting Act 1853 (section 7),

as pointed out by the Lord Chief Justice.

III

SUMMARY OF LORDS’ COMMISSION

HOUSE OF LORDS SELECT COMMITTEE ON BETTING

EXCERPTS FROM EVIDENCE

WITNESSES: Mr. JOHN HAWKE, Honorary Secretary, National Anti-Gambling

League, and Mr. G. H. STUTFIELD, Counsel for the Jockey Club, and for the

Bookmakers and Street Bookmakers.

Mr. HAWKE gave evidence as to the great increase during late years,

especially in street betting at starting prices, and newspaper coupon

betting; also as to betting at athletic sports and in public-houses; as

to the bye-laws being passed by local authorities on street betting, and

the enormous scale upon which coupons are carried on, one proprietor of

an insignificant newspaper receiving between £2000 and £3000 a week in

postal orders, etc., as acknowledged by himself in evidence. After his

conviction his newspaper was advertising the business as continued from

Holland.

Mr. STUTFIELD (Q. 299) said he believed that artisans of all ages and all

classes, including women, put their small coins on horses through the

street bookmakers.

He did not think (Q. 300, etc.) that such backers—he could not say about

the children—required protection against being over-matched by the

bookmakers.

He did not see any reason in legal principle (Q. 435-36) why foreign

coupon houses should be allowed to advertise in English papers, but he

did not think it would do any good to prohibit it.

He agreed that all, or nearly all, such betting as street betting was now

done at starting prices (Q. 308-9), guaranteed by the bookmaker to the

customers by the publication in newspapers of the starting-price odds

(Q. 315-16), but he did not think (Q. 266) its prohibition would stop

starting-price betting, as he expected that bookmakers would form some

plan to reassure their clients (Q. 269) as to their being fairly dealt

with.

He considered that a result of the Kempton Park case was that it was

no infringement (Q. 475-76) of the Betting Act of 1853 for bookmakers

to carry on their business in athletic sports grounds, and that under

that decision (Q. 573) public-houses may practically become betting

exchanges, and sometimes do. The Kempton Park case did not decide that

the race-course ring could not be a place under the Act, but that it was

not used by a person in the position of an occupier or owner (Q. 447-53).

He did not think that new forms and new kinds of betting should be dealt

with in the same way as the 1853 Act dealt with what existed at that

time; and he did not advocate any extension of it (Q. 443-44), as he did

not consider that it was really intended to suppress betting (Q. 443) but

that it may have done a certain amount of good in preventing crowds of

people resorting to a particular house and creating scandal (Q. 438).

He did not, however, consider that the betting in public houses was very

desirable (Q. 517), and would amend the Licensing Act. He did not think

that bye-laws could deal with licensed houses, but that they might put

down betting in streets and public places (Q. 602-3).

He said that if the bookmaker were suppressed there would be no betting

(Q. 535-36), as he thought occasional private bets between individuals

without a bookmaker could not be satisfactory (Q. 532).

With regard to the _friendly_ actions in which Mr. Stutfield had been

engaged as counsel on behalf of the betting men, viz. the _Kempton Park_

case, _Stoddart_ of _Sporting Luck_ against his printers, the _Argus

Printing Co._, and _Thomas_ v. _Sutters_ (the street bookmaker’s appeal

against the bye-law), he maintained that there was nothing improper about

them (Q. 411, 552, 561).

Mr. HAWKE also gave evidence as to the corruption of the public services

and British sports by the professional betting system, and of its

disastrous effects, especially among the wage-earning classes. Amongst

the records of his Society taken from the courts of law in five and a

half years were 80 suicides, 321 embezzlements, and 191 bankruptcies, the

witness pointing out reasons for believing that these numbers were very

much below the true totals.

Mr. HAWKE said that his Society held the same opinion as that published

by Sir Fitzjames Stephen (author of the _Digest of the Criminal Law_) in

the _Nineteenth Century Magazine_, July 1891, who said that the business

of a betting agent was carried on in defiance of the general body of the

law, and added, “The existence of such a person appears to me to be an

insult to the law.” The National Anti-Gambling League made the following

recommendations, based upon a study of the question lasting over eight

years:—

_Street and Public Place Betting._ Increased fines and imprisonment.

_Newspaper Coupon Betting._ Making it illegal to publish

Advertisements of English

and foreign betting-houses.

_Tipsters’ Circulars._ Making illegal to issue.

_Paying Bets in Public-houses._ Making illegal.

_Areas controlled by Private Amending the Act of 1853 if

Proprietors._ the _Powell_ v. _Kempton Park_

case should be accepted as

the correct construction of

the Act.

_Publication of the Betting Making illegal.

Odds (S.P. or Ante-post)._

_Trade of Professional Betting._ Making illegal.

Colonel FLUDYER (commanding Scots’ Guards), Chairman of Tattersall’s

Committee, said that they spent a great deal of time in adjusting betting

disputes. He advocated licensing bookmakers who plied their trade away

from the race-course, but leaving things at races as they are.

CHIEF CONSTABLE OF MANCHESTER said that the increase in betting was

chiefly among artisans and the working classes generally, resulting in

neglect of wives and children, disregard for parents, becoming careless

and indifferent in their occupations, and frequent embezzlements from

their employers. Betting was general at athletic meetings in the

Manchester district, many of them depending on it for financial success.

The Kempton Park decision had prevented police action. In many instances

competitors perform only to suit the books of the betting men. Street

betting was the most pernicious form of the evil. Some publicans pay

street bookmakers to carry on in proximity to their houses. He advocated

a large fine and imprisonment for street offenders. Incitements to

betting in newspapers should be restrained, and the transmission by post

of betting matter should be made illegal.

Sir ALBERT DE RUTZEN, chief Metropolitan Police Magistrate, spoke with

twenty-five years’ experience of the Bench in saying that more mischief

was brought about by betting than by almost any other cause, especially

street betting, which could very well be put down if proper steps were

taken. He would increase the fine for a second offence, and for the third

treat a bookmaker as a rogue and vagabond under the Vagrants Act. From

personal knowledge he could say that the evil arising from betting was as

deep-seated as it was possible to be. In cases where persons prosecuted

for embezzlement and betting was mentioned as the cause, his Court was in

the habit of making inquiries, which invariably confirmed the statements.

With regard to the Kempton Park case, he could not understand how they

were not committing an offence on the race-course while they were

condemned for doing the same thing in public-houses.

Mr. HORACE SMITH, Metropolitan Police Magistrate, said he entirely

concurred with what Sir A. de Rutzen had said with regard to the need

for more repressing laws. Where the crime had been one of fraud or

embezzlement he had invariably found that betting had been at the bottom

of it.

Mr. LUKE SHARP, Official Receiver for Birmingham, gave evidence upon

betting as a cause of bankruptcy.

MASTER OF HARROW: Betting in the school was largely due to the parents,

who encouraged it. It was chiefly in the form of sweepstakes on big

races. They also suffered by circulars from foreign betting-houses, which

the Post Office transmitted.

F. W. SPRUCE, a betting man, thought that the number of bookmakers had

greatly increased, that the trade would be improved and street betting

reduced by licensing, but that otherwise there should be free trade in

professional betting.

JAMES SUTTERS, another betting man, also advocated licensing. He thought

that street betting might with advantage be restrained, but considered it

a very respectable trade, although he agreed that it was not becoming

for women.

Mr. CHARLES GOULD, J.P., Epsom, had complained to the Home Office

of the inadequacy of the police force sent to Epsom Races. The last

communication he had received was to the effect that the Home Secretary

had been informed that as there were several thousands of these dishonest

betting men, it would be impossible to provide sufficient police

protection.

Mr. RUSSELL ALLEN, managing proprietor of the _Manchester Evening News_,

gave evidence as to the harm done by the betting press, particularly the

halfpenny papers, with their racing editions, which conduced largely

to the class of betting done in the street by working men, concerning

which he read letters from employers of labour attributing fraud and

embezzlement to their work-people betting. Great numbers of bets were

also made inside the works. His own newspaper had given up tips and

tipsters’ advertisements, and had suffered accordingly. It was not

prudent for a newspaper to go beyond that single-handed. If starting

prices were made illegal of publication for all alike, it would have a

great effect.

Superintendent SHANNON, of the L Division, Metropolitan Police, had had

great experience of the evils of street betting. Last year[14] in Lambeth

441 persons had been proceeded against. They were fined over £2000 in

all. One man was fined sixteen times in the year. Every large firm’s

employees in South London were waited on by one or more bookmakers. All

the bookmakers employed scouts to give them warning.

Superintendent WELLS, of the Limehouse Division, said there had been

a great increase in street betting in East London in the last few

years. One man was fined twenty-eight times and one twenty-seven. The

bookmakers took up their stands outside the railway stations and

factories, and in the busy streets. They were thus enabled to catch the

workmen going to or from their work.

Betting & Gambling: A National Evil · 第 12 / 15 段