Betting
Having laid before the reader an account of existing legislation at the commencement of the twentieth century with regard, firstly, to Miscellaneous Gambling, and, secondly, Betting, suggestions shall now be made as to how the law can be amended and made more operative; but as the last of the two items, Betting, is freshest in the mind, the order shall be reversed, and it shall first occupy our consideration.
It would be useless to confuse the reader’s mind by going through the statutes relating to betting, other than the Act of 1853, which is the reformer’s armoury; but it requires to be refurbished and enlarged, and will then be capable, supplemented by the proposed Street Betting Bill, of bringing about a great and beneficial change.
What is desirable must be subdivided into what may be considered now practicable, in accordance with the position approached by public opinion; and further reforms, to prepare the way for which social reformers have still much to do.
It may be wise, and save time in the end, to confine attempts at legislation to three short and simple improvements, viz.: (1) passing the Street Betting Bill for largely increasing the fines and inflicting imprisonment for that offence, as unanimously recommended by the Select Committee of the House of Lords; (2) an amendment of section 7 of the Betting Act of 1853, subjecting advertisements of foreign betting-houses to the same penalties as those in the United Kingdom; and altering the wording of the same, which now only condemns advertisements “whereby it shall be made to appear,” which words were regretfully held by the King’s Bench Division in Ashley and Smith, Ltd., v. Hawke, K.B.D. 1903 (Sportsman), not to cover the advertisements of notorious betting-houses, as the advertisements on their face merely referred to races, etc., and gave the necessary address for communications and remittances. Such advertisements have always been considered as dubiously lawful, and double charges are paid for their insertion. More than one of the sporting, or rather betting, papers make profits of £5000 to £7000 a year out of them; and the Lord Chief Justice, in his judgment, spoke of the necessity of legislation, as has been already stated; (3) making payments of bets in public-houses illegal. A Bill of twenty lines might cover the whole of the above.
With these three amendments of the law, and Scotland Yard enforcing the present laws as expounded in the Court of Appeal cases above against the betting-houses, great progress will be made. The bankruptcy authorities should take advantage of these decisions to insist upon the return of all monies sent to bookmakers by debtors within the statute of limitations, under section 5 of the 1853 Act.
But these improvements, so long as the Powell v. Kempton Park case remains unchallenged, or the law as to “persons using” unaltered, will still leave all British sport grounds open to the baneful influence of the bookmaker—indeed, as previously explained, every house, room, or enclosed place in the kingdom. The time will surely come when the nation will insist upon this scandal being removed. Reasons have been given for thinking that the House of Lords’ judgment in Powell v. Kempton Park cannot possibly be the right interpretation of the Act of 1853; and that it was differently interpreted by the racing world, and by the Jockey Club itself, even twenty years after it was passed, may be shown by here quoting from the notice in the Racing Calendar published in 1874: “It having come to the knowledge of the Stewards of the Jockey Club that betting for ready money in the ring ... has taken place at Newmarket, they hereby give notice that no such illegal betting is permitted either in the enclosures or any part of their property at Newmarket.” Thus in 1874 deposit-taking by bookmakers was held to be illegal, for it is quite impossible that the notice refers to persons in authority and control, as Lord Halsbury now says the persons using are, for the controllers were the stewards themselves or their managers, and these managers are separately provided for in the Act. When it is determined to suppress professional betting the alteration in the wording of the Act need be only a simple one to free athletic sports of all kinds from the farce of the immunity of the proprietor as not betting but taking entrance fees, and of the bookmakers as betting but not being proprietors. But if the awful consequences following from the professional betting system were fully known, an Act making the calling itself entirely illegal would appeal strongly to the public conscience. To license them would be as bad as to return to the days of state lotteries, or to adopt the Continental plan of taking special taxes in commutation of the offences of those who trade upon other vices.