A "FAN-TAN" PROSECUTION.

Otago Witness, Issue 2561, 15 April 1903, Page 30

A "FAN-TAN" PROSECUTION.

THE GOVERNMENT AND GAMBLING.

At the City Police Court an the Bth, beforeMr C. C. Graham, S.M., On Leo -was charged, on remand, with, on April 5, being the keeper oi a house in Walker street, in which the Chinese game of "' lan-tan " was uhen played. Mr Sim appeared for the accused, who pleaded '• Guilty." Sub-inspector Green stated that a search, warrant was executed in respect to the premises in Walker street occupied by the defendant on the evening in question. Some 33 persons were found there when the police visited the place, all of them Chinese, and in fixing, the penalty his Worship should take into consideration "the 'arge nuinbsr present, while it was only reasonable to suppose this was not the only time they lied ho played. Some £i in money was found on the table, while close on £300 was found in the possession of those present, which it was reasonable to suppose was being used for gaming purposes. The maximum penalty was £50 or three months' imprisonment Mr Sim submitted that the law with regard to gambling was in an absolutely illogical .position—namely, that on the one hand was the< State a partner in lhat great gambling concern the totahsator, and oa the other was tha State instituting prosecutions such -as the present. It seemed to him under tho circumstances positively ludicrous to ask the court to inflict a serious penalty. There was no suggestion that in the present case gambling had been carried on by any except Chinese. It wa» absurd to suggest that these Chinamen gambled to such an extent as to ruin themselves. There, were no better citizens as far as paying their way was concerned It was for the magistrate, to administer the law as he found it, butke Lad absolute discretion with regard to penalry.

His Worship said he had to look at the fact that the Legislature wished to put down, gambling in every possible form. In lespecn to racing they found it was part of human, nature that it should go on, and, to Jessen the danger of gambling being carried on to an. excessive extent, they thought it wise to legalise the totahsator, He could not take into consideration the fact that the Legislature had legalised one particular form cf gambling. Those who wished 1 to gamble must do so according to law, and not otherwise. The profits madeby keepers of these gaming houses must ba very considerable, and tha profits of the bank would probably not be less than 10 per cent, of the money used. A fine of £25, or, in default, two months' imprisonment would b« inflicted, with costs (28s). Soo Clung was charged with assisting in the> management of a common gaming house, but the charge was amended to one of being found, without lawful excuse, in a common gaining house. Kong Yip, Gee Yin, Ah Tong, Wang Cow, Ah Gow, Ah Pong, Guan Lte, Ah Chang, Ah Tan, Pah Yen, Kgau Jam. Tooug Pay, All Hin, Ah Cl uen, Sim Pang, Yung Chin, Dofc Show, Ah Young, Li Tung, Ah Wai, Ah Vow, Ah w ah Chack Fan, Ah On, Soo Yin, Yon Chow, Ping Sing, Tso Sing, Joe Sing, WongChrng, Chi Sing, and Ah Chong were all similarly charged. Mr Hanlon appeared for all the accused, who all pleaded " Guilty." The Sub-inspector indicated that the full penalty was £5. Mr Hanlon submitted that a nominal penalty, only should b-j inflicted. These people had all been playing " fan-tan " on a Sunday night, but there waa no great harm in that, as Sunday for us was by no means go to them, and apparently no Europeans were admitted to the baUBO. Sk« .Ciovernmeat, he held, was n«fc

t^mg-to T>ut down gaining, but encouraging it ~to the utmost. It legalised the totalisator, the greatest gambling machine ever introduced ' into the colony, and drew a revenue from what ' it chose in other cases to call an improper practice. Further, they did not make it an offence to bet, they eerp made it «m offence to bet at iotalisotor "odds, that the more money might go through the machine to increase its profits. By no statute in force in the colony did the Government endeavour to suppress gambling or betting. People covid gamble as much as they liked on the totalisator, so that the Government got a jse&t, and the next -best •way for them to ensure a profit was by prosecutions. The police never thought of making a laid in cases of Europeans -who met at one another's houses or at their clubs and gambled, and this case was in no way worse. It seemed a shame that these Chinese should have been interfered with.

A fine of 20s was imposed in each case.

The Sub-inspector raised the question of the confiscation of tho money found on the table and the instruments ol gaming, Mr Sim pointing out that under the section of the act they had been proceeding by these must be all returned to the owner of the house. The contention was upheld.