SPORT, SPECULATION, AND COUNSEL'S OPINION.

So many letters have reached me during the past week begging for my

opinion upon the legality of what may be termed sporting financial

speculation, that I scarcely apologise for asking the hospitality of the

columns of the leading law paper to give my response. No doubt the

inquiry has to some extent been fostered by the report that I was seen

taking part in the hippodromatic revels of the Derby Day. It is true

that I certainly visited Epsom on the occasion in question; but only in

a semi-official capacity. I have the honour to be consulting assessor of

the Diamond Mine Salting Syndicate, Limited, and in that desirable

position have frequently attended the meetings of the directors on

occasions, so to speak, outside the Board-room. It is true that my

experience as one learned in the law is seldom required at such seasons,

still the directors, as fiduciaries, are to be applauded for neglecting

no opportunity of availing themselves of my services.

Having satisfactorily explained how it came that I was on the Downs

when, by a not unnatural coincidence, the Derby was decided, I proceed

to consider the question that has been propounded to me. Is sporting

speculative finance illegal? It is not a matter that can be decided

off-hand. One must be careful not to interfere with the policy of trade,

and do nothing to impede the development of honest industry. I am asked

by a correspondent, who dates "From Sheffield," if there is anything

undignified in his appearing as a "bookie" in a pink velvet coat, a

yellow slouch hat, with blue feathers, and black leather knickerbockers.

I can see no objection to a tradesman wearing any costume he determines

to select. It would perhaps be as well not to attempt to disguise his

features, as the operation might savour of secrecy, the chief element of

fraud. This limitation of course does not apply to an auctioneer, who,

having his name and address displayed on a board hanging on the rostrum

he occupies, can legally carry on his business, if it so pleases him, in

a false nose, a comic wig, and a pair of green spectacles.

But really, a consideration of the costume of the "bookie" merely

reaches the fringe of the subject. The real point at issue is this--Is

betting legal or illegal? It is hard to say. That a bet made on the

racecourse is recoverable is questionable. Suppose that A is prepared to

give odds against _The Earl's Choice_ (the favourite, quoted officially

at 2 to 1) at the rate of five shillings against one thousand pounds

sterling. Presume that B agrees to the wager and _The Earl's Choice_

wins. B naturally asks for the immediate payment by A of one thousand

pounds sterling. A declines. Has B any remedy against A? I am afraid

that the Court (although allowing costs on the higher scale) would not

assist the plaintiff in making good his claim. However, it would be

possible for B to represent to the other side that the conduct of A was

of a character warranting chronic detention in a lunatic asylum. If this

suggestion were adopted with the necessary discretion, I have no doubt

that a compromise satisfactory to B would eventually be the outcome of

the negotiations.

However, although I am a little uncertain about other bets, I have no

doubt in my own mind that coach sweepstakes under certain circumstances

should be discouraged. I do not wish to rely upon case law, but would

rather appeal to that honest, manly feeling that is (so I have been

given to understand) the birthright of every Englishman. When all Nature

is smiling, and man (smoking a three-shilling cigar) is at rest, why

trouble about mounts and starters and blanks?

I have in my mind at this moment the drawing of a certain sweepstakes.

An eminent counsel (I will not mention his name), was present and drew a

blank. On his behalf I appeal for a revision, a reversal of judgment. Do

not let there be a mixture of the glories of Nature with the ups and

down of sporting speculative practice. Let those who took part in that

sweep--winners and losers alike--return their stakes. I will hold them

on the general behalf. Then when I have received the cash as trustee I

will find out that eminent counsel and place the money in his hands. I

have nothing more to add, save to set forth as a guarantee of good faith

my signature warranted by my address.

Punch, or the London Charivari, Vol. 108, June 8, 1895 · 第 12 / 28 题