SOMETHING ABOUT GAMBLING.

New Zealand Mail, Issue 1309, 1 April 1897, Page 24

SOMETHING ABOUT GAMBLING.

Ifc seems almost inconceivable that a learned English judicial tribunal, to whom the momentous question was submitted for opinion, should suddenly discover that cash betting on racecourses is illegal, and therefore punishable under the Act. i’hat, however, is the case, and the Anti- • jumbling League is now whooping over t be decision of the Divisional Court. From every point of view this strange decision will materially affect the Turf, and the consequences, unless the law is altered, will be of a very grave character. For not only will it affect every racecourse in Great Britain, but those in the colonies also, or at least courses in those colonies where the totalisator is not the legalised method of gambling. The whole question turned upon whether Tattersall’s ring on the Hurst Park course was “a place” within the meaning of tbo precious Act framed by the British Parliament. Bookmaker Dunn, a wealthy member of the fraternity, had been discharged by the Magistrate for betting in the enclosure, but one Hawke, secretary of the League, had a case stated for the Divisional Court, with the result mentioned. The Court was composed of Mr Justice Hawkins (a member of the English Jockey Club, by the way), Mr Justice Cave, Mr Justice Wills, Mr Justice Wright and Mr Justice Kennedy. The anti-gambling fanatics, who have been rioting round prosecuting all and sundry, will now doubtless turn their attention to the ring in the famous Newmarket Heath, of which the lordly and very exclusive English Jockey Club are the owners, and a crusade will likely be made against every other course in the kingdom until the British publio arises in agitation and compels th® Conimons to pass a comprehensive measure in which holes can’t be made with a jack knife. That this will be the outcome there is not the slightest doubt because the vast majority, being an alleged libertyloving people, will not tolerate interference with their national sport when interference is not necessary, or to be diotated to by a narrow minded minority,

whoso only enjoyment in life is to see that other people don’t enjoy themselves. The legislation passed at various periods at Home and in the colonies “regulating” gambling, .has proved to be inconsistent, farcical and rotten ; where one man is fined or gaoled, another gets off on a technicality set up by a clever counsel. And every Act bristles with technicalities which are apt to put the Law in a fog until it doesn’t know where it are, and it generally loses itself again in trying to discover it’s exact w hereabouts. The logic of the courts in gambling matters is the logic of a wooden turnstile—it turns either way, and each way is right for the time being, although one may be illogical or out of legal joint when compared with previous decisions in cases of a precisely similar character. There is something grotesque about justice of this sort, but as the public have hitherto taken little or no interest in the matter, or attempted to bring about a remedy, it has been allowed to remain grotesque. Only last year, in one of the High Courts at Home, when the AntiLeague brought one of their periodical “test” cases, the stewards summoned did not seem to know why gents in top hats and big bags and little books yelled themselves hoarse in their enclosure all day : did not know whether they were doing business, or were itinerant showmen or were merely bawling for the fun of the thing, simply to entertain the crowd. And the learned judge, who affected the customary legal ignorance, failed to understand why they should, do these things either, but as the bookies were moving about while exercising their vocal organs, they were, of course, not located at any “place,” and he dismissed the appeal. On the same day a man got fined i>lo in a lower Court for betting on a footpath opposite his shop. “ A place ” has hitherto been a very vague term, and one of great elasticity, but the Divisional Court having now, rightly or wrongly, decided what is “ a place,” trouble may be expected.

In Sydney and Melbourne, where the gambling disease is widespread, the decision has been received with consternation. The authorities in the harbour c ty have been invading every racecourse, and have issued hundreds of summonses against bookmakers who have been cash betting in the enclosures, with the authority of the clubs, whom they have paid for the privilege. All these charges have been ceferred pending the result of the - decision of the Appeal Court ip the cases of Charles Westbrook and H. Oxenham. The New South Wales Court apparently couldn’t trust it’s own law on-the subject or adjudicate on common Bens© principles, and sent Home for the results of appeals which had been given in England. This slavish adherence to pi’ecedent is a common colonial characteristic, but the usual law’s delay in this particular matter is of no immediate consequence. However, if the English decision is followed it will be a serious thing, not only for Randwick, but all the courses in and around Sydney. When people make holiday to attend horse functions, and have cash to speculate, betting in a modest form increases interest in the gathering and adds a fillip to the day’s sport. Horse racing is an attractive pastime under present conditions, and if part of the attractiveness is substracted from the general whole there is nothing much left. It is as well to be candid in matters of this sort. And there is nothing more illegal or immoral in betting-accord-ing to one’s means ©n a horse contingency, than there is in mining gambles or consultations to which even the anti-. gamblers who know nothing about horses contribute^ —or church lotteries, or art unions, or in fact anything. Life is a huge gamble from beginning to end, but one species of gambling is alleged to be immoral and another isn't. There will likely be a strong attempt made in New South Wales to get the law varied in case of an adverse verdict, be* cause the community is avowedly sporting" in nature, and will look upon the matter as an interference with the liberty of the subject. Or this may happen: Both in New South Wales and Victoria the advocates of the totalisator. will rise up and ask Parliament to legalise the machine. Thiß has been unsuccessfully tried before, but the present- adherents of the tote have discovered that it is less harmful than bookmakers; that it lessens gambling; that it doesn’t lay horses that aren’t going to start; and that it isn’t a dynamite machine or anything of that sort that would suddenly burst and blow up the grandstand as was originally supposed. From present appearances the totalisator, which would contribute <£40,000 or 50,000 a year towards the state's Charitable Aid Department, will yet hold sway at Randwick and Flemming ton, and will sweep away the vast garish crowd of nondescripts, non-producers who loaf round on the outskirts of respectability—useless excresences on a noble sport. The writer has not the slightest objection to bookmakers who are respectable members of society on the other side ; they can always hold their own, but he objects strongly, as the metallicians do themselves, to the riff raff that swarm like bees all over the country, bringing disrepute on a respeotable pastime. There was an attempt made during the lifetime of the Hon J. White to test whether betting was illegal in the St. Loger enclosure at Randwick. The late Mr White was president of the Australian Jockey Club, and he was summoned by pne Davis for knowingly permitting the reserve to be used for betting purposes in contravention of the Act. The result was that Mr White was convicted, but a different complexion was put on the case in the higher.. court, where the question fought was: Had the defendant allowed the reserve to be used for book betting or cash and ticket betting ? Chief Justice Martin ruled that book betting was not illegal. What the Act aimed at was cash dr ticket betting and,

though' that may have been carried on, the evidence showed that defendant had not sanctioned it. His Honor said that there must be more than mere betting carried on ; it must be shown that money or some valuable consideration was received by or on behalf of some other person. Cash betting has been the. rule there ever since, however, and is on every race course. It is a much better system than boobing; one does not go beyond his means and is not harrassed by the metallicaus for payment of past transactions. The gambling law as at present constituted wants amending badly, .and this may be brought about by the formation of a Sports League, well equipped financially, which will guard the vast vested interests involved throughout Australasia, and combat the efforts of the aggresive crowd who are earning notoriety by mixing themselves up iu matters they don’t know anything at all about. .