THE TOTALISATOR

Evening Post, Volume CXV, Issue 26, 1 February 1933, Page 7

THE TOTALISATOR

ITS LEGAL STATUS

DOGS AND CLUBS

FERMENT IN ENGLAND

(From "The Post's" Representative.) LONDON, 20th December. The judgment delivered last week in the King's Bench Divisional Court on the question of Totalisators is of interest to thousands of shareholders in greyhound racing tracks where totalisators have been set up, and through which it is computed there passes £10,000,000 a year. The likely repercussions of the judgment are stressed in the following authoritative views:— Mr. H. Garland Wells, chairman of the Greyhound Racing Totalisator Control Board: — "The present decision is a complete reversal of the many judgments given by Courts" right up to the House of Lords. We shall ask the Home Secretary immediately for a pronouncement upon the situation which has arisen, for in London alone there are about 2000 people whose employment will be affected if totalisators upon greyhound racecourses are closed down before the House of Lords has given its decision in another test action which has already been commenced." Major C. Lucas Phillips, secretary, National Greyhound Baciag Society:— "Another case has already been started ia Chancery which will enable us to take the question to the House of Lords. It is an amazing and extraordinary anomaly that the totalisator is perfectly legal in Scotland, but illegal in England under the same Act." Sir Clement Hindley, chairman, Racecourse Betting Control Board:— "It seems clear that the Court has reaffirmed the legal position at. it was believed to be when Parliament, passed the Kaeeeourse Betting Act, 1928, that the totalisators set up by the Racecourse Betting Control Board are the only totalisators which can be operated ■without infringing the law. The broad legal pri.l ition is now exactly what it •was intended to be by the Act of 1928." EFFECT OF DECISION. Brig.-General Critchley, managing Birector of the Greyhound Racing Association:— ■ . "I consider it a disastrous decision. ,Wo were the first to introduce greynound racing on tracks tP this country and we- are in a position fully to appreciate what this finding means.' It will throw the whole of the greyhound racecourse betting into the hands of the . bookmakers. It will mean that more than 8000 people employed on the totalisator will be thrown out of work. If this decision is persisted in threeiquarters_ of a million pounds' worth, it>f machinery will be entirely useless. 1' j Jt had been assumed that the, appeal in'this test case would also determine the legality or illegality of the chain of "tote' 3 clubs which has sprung into being throughout the . country. Despite the decision totalisators have continued to operate in all but a tow clubs on the same lines as previously. On behalf of the cluubs it is disputed that their illegality has "been determined by the decision. Even on the dbg-raeing track at Elland road, Leeds, the place specificially concerned in the judgment, the totalisator has been operated. The directors/ having taken counsel's opinion, Intend to continue as hitherto. _ Totalisators at the tracks at Harringay, Wimbledon, and Catford were Vorking as usuaL There was a tenaency at first for backers to place their bets with the bookmakers. When they saw that the " totes" were working they reverted to their usual practice. PRESS OPINIONS, •'The position," comments the Post," "now is that the TotaJisatora' on. the greyhound tracks fend in the street ready-money betting shops may be put out of commission the law has jammed the tinkling machinery; and it is to be hoped that the Government will crown the verdict of the Court with speedy action. Just as he who gives quickly gives twice, to check an evil. swiftly does double service. Before the judgment was an hour old, the facile protest was being raised of 'one law for the rich and another for the poor,' while the sums invested in the thriving industry of betting were being portentously' related; and assuredly, if a long period «f grace is allowed, our newest and ieas^ desirable vested interests will consolidate agitation and lift a fearsome clamour. The Cabinet, we understand, may, review the claims of the dog-racing 'totes'—a difficulty has to be reconciled, since the Scottish Court holds them, legai—but the chain of erobs which winds about the 'London suburbs would seem not to demand one Jmnnte of Downing street time." ' _"It does not follow," says the financial Times," "that, in. the event of the totalisators being held illegal in the present state of the law, the financial position of the greyhound Some of them, at least, earn substantial profit? apart from the totalisators. AU,ju> doubt, would find a partial Bet-off, hy increasing the charges for certain, other facilities, for the loss of the totahsator revenue. . No figures are available to enable a balance to be struck; but. if the judgment be given the wide application claimed for it the fact will not spell an end of pros**V?T for the greyhound raeecour3es. _ ..Notwithstanding- these considerations, the position is highly unsatisfactory. It would be bad law which perpetuated the use of the totalisator on horse racecourses and denied it to greyhound courses. There is no difference m morality or equality. Legal opinion is not yet settled whether that will be the effect of the present situation. J 'aM, ot b? expected that tho Government would acquiesce in such an unfair situation from the standpoint of the public which desire's to use the totalisator facilities. Of the 'tote club' it is not necessary to say more than that there are few among the recogsnsed leaders of either horse-racing or greyhound racing who do not regard it as a growing social menace. The absence of control, togetEer with .he competition with the licensed trade, are features which have aroused a good deal of condemnation. But the main point is that the greyhound racing companies have spent hundreds of thousands of pounds upon the provision of totalisator facilities like those afi aorse-raee meetings. They have laid out the money in good faith that they 4 were pursuing a legal course Other judgments, up to the House of. Lords, had been read as declaring the totalisator on the greyhound racecourses as lawful as that on the horse racecourse.',' POSITION OF "TOTE" CLUBS. The decision caused the "tote" clubs to hold conferences without a moment's delay. Each club made its own decision. The Mitre Club in Bcgent street, W., for example, closed down their readymoney betting and went over to credit betting on their "toce." Others carried on as usual. An official of one of the largest groups of clubs in London stated that they were advised that the Court decision did not apply to "tote" clubs. the ease of one club the secre-JterjJ-atetad that he had been in touch