(3) Under this construction, what is to prevent houses or rooms being opened in towns by hairdressers, tobacconists, or others, charging an entrance fee to all comers, but the proprietor taking no part in the betting?
Briefly summed up, the House of Lords’ judgment comes to this. The Kempton Park ring owners or occupiers are not responsible, because they do not themselves carry on the business of betting in the ring; and the bookmakers are not responsible, because, although they do this, they are not owners or occupiers, or persons using the same in control of, or authority in the place.
We have pointed out that the Act could have been shown to apply to the bookmakers but for the disgraceful collusion of this case, in which plaintiff and defendants desired the same result; but it is proper to qualify this by saying that the professional men, upon one side at all events, should be looked on as dupes rather than accomplices. Unhappily, it must be added that such a black page of disgrace would not have defaced our Law Reports but for private and influential pressure brought to bear upon certain members of the Courts of such a nature as to have outweighed with them the fearful responsibility of throwing open every public-house in the kingdom—indeed, potentially, every private house—as an authorised betting establishment; for the decisions finding public-houses to be “places” because bookmakers carry on business in them is absolutely contrary to the Powell-Kempton Park judgment, although this is done occasionally by the Courts, most anxious as all of them are to prevent the evils arising from public-house betting; but the shifts to which they are driven to reconcile their decisions with the Kempton judgment are almost as amusing as they are humiliating. Thus the strong arm of the Act of 1853 has been temporarily paralysed, and these peripatetic Monte Carlos all over the kingdom, the rings, have had their lives prolonged for the present.
There are, however, two subordinate sections, 5 and 7, which are of great importance, or rather have become so through the exertions of the National Anti-Gambling League. By judgments obtained in the King’s Bench Division, and confirmed by the Court of Appeal (Lennox v. Stoddart and Davis v. Stoddart, C.A. 1902—2 K.B.), under sections 1 and 3 of the 1853 Act, the deposit of money for betting is illegal, even though not made direct to the house or place of business of the bookmaker. By these judgments it will be seen that all bookmakers advertising from offices in the United Kingdom and receiving deposits (before the issue of the events betted upon) there or elsewhere, directly or indirectly, are keepers of betting-houses, and their advertisements illegal under section 7; and that the newspaper proprietors admitting these advertisements are also offenders under the same section. This has only recently become clear in law, and still awaits application on a large scale. The same remark applies to the operation of section 5, under which, by the Court of Appeal decisions referred to, all such deposits can be reclaimed for the senders by the special statutory right of the Act; in the words of Lord Justice Matthew, as “a penalty, or mulct in the nature of a penalty, for a violation of the terms of the Act of Parliament.” In many cases considerable sums have already been refunded by the bookmakers, but, while any loophole is left open by doubts as to the application of the Act of 1853 to bookmakers ostensibly giving no address in the United Kingdom, but carrying on business across the Channel, there is something to be said for the policy of not pressing the application of sections 5 and 7 before other lines of the campaign against the professional betting system.
Although the destructive judgment in Powell v. Kempton Park reduces the public fear of betting in houses or places other than race-course rings to little more than a popular superstition, provided such places are arranged as indicated above, that fear still prevails, and has consequently brought about a regular system of betting almost anywhere and everywhere out of doors, commonly known as street betting. For many years the association formed to combat the general evil has busied itself, inter alia, in getting County and Municipal authorities to pass bye-laws against this street system of betting, and these are now in force in about 150 areas, including many of the principal cities and counties, but the Acts sanctioning these bye-laws (Counties, sec. 16 Local Government Act 1888; Cities, Towns, etc., sec. 23 Municipal Corporations Act 1882) only permitting a maximum fine of £5, without powers of arrest and search, have been found unequal to the evil, so that the fines are merely looked upon by the bookmakers as a tax on profits; and to the despair of the authorities the effect is merely to enhance the police fines by a small share of the profits of the trade. Wealthy bookmakers employ several underlings, and drive round in a trap at stated intervals to receive their takings, never appearing themselves before the magistrates, but merely supplying the fines to their servants. Others surround the exits of places of business of all kinds at the dinner hour, or even collect deposits at the small houses of the workers, during their absence, from their wives; and numbers of them adopt the subtle plan of bribing foremen and forewomen on the business premises to act as their agents by giving them a commission on the profits. Circulars have been published in the Times, received from bookmakers by foremen in the employ of mercantile firms of first class standing, offering 10 per cent commission to influential employees. Convincing evidence was given before the Select Committee of the House of Lords as to the deteriorating effects of the professional betting system upon the character and work of British artisans, and the information subsequently published by the Moseley Commission strongly confirms this in making comparisons with foreign workmen.
SUGGESTED ALTERATIONS IN THE LAW
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.