Playing with Gaming-Machines.—The Courts now seem disposed to construe the question of a modicum of skill more severely in this connection as children are so largely affected, and from what has been said above it may be hoped that the automatic machines are doomed. The above remarks, however, with regard to combined skill and chance and restriction of amount, apply here also to a certain extent, especially with regard to their use in clubs. The difficulties will be great of applying such regulations to gambling in private houses until the moral sense of the community becomes more keenly alive to the penalties of sorrow, ruin, and degradation which are the sad sequel of its neglect.
Lotteries and Sweepstakes.—The Lottery Acts now existing might have been fairly efficient if it were not for the difficulty, delay, and expense in having to obtain in certain cases the leave of the Attorney-General before proceedings can be taken. This especially applies in the matter of newspapers which benefit by advertising the lotteries. They are protected by 8 & 9 Vict. c. 74, the provision in which needs modification. There is still much, however, to be desired in the efficiency of administration, which cannot be fully attained until the farcical practice of allowing the law to be broken for charitable purposes is given up. Some years ago the Scotch authorities openly stated in reply to a remonstrance that in such cases no interference would be made. This lache has been to a large extent followed in England, and when the National Anti-Gambling League pointed out to the late Mr. Adrian Hope, the Secretary for the Hospital for Sick Children in Great Ormond Street, that the great raffles intended to be held at the Coronation Bazaar at the London Botanical Gardens were in contravention of the law, he merely declined to drop them, and said that one of the Judges had bought the first ticket for the chief lottery. Questions had to be asked in the House of Commons before they could be stopped, after the illegality had been acknowledged by Ministers.
To sum up under this head, the Post Office should have increased powers and inducements to destroy lottery matter, and to confiscate and appropriate for the benefit of the Rowland Hill Memorial Fund, in which the Post Office is so much interested, all lottery remittances, whether British or foreign; the question of the Attorney-General’s fiat for prosecutions should be reconsidered; and the police authorities should be stimulated to institute a regular and impartial campaign. How grossly the weapons of the law in regard to lotteries have been neglected may be illustrated by a statement made in a Treasury prosecution at Clerkenwell Police Court in June 1904, to the effect that one of the most important statutes, 4 Geo. IV. c. 60, was extremely difficult to find, not being printed in the ordinary book of statutes, and was not found in any magisterial text-book.
Press Competitions and Coupon Gambling.—So numerous are the devices of the baser organs of the press, and even of some which find it difficult to hold out against their competition, that no reform of the law is likely to be effective without some enactment making the offering of prizes illegal beyond a certain small amount; which compromise can hardly be avoided, because the best of these newspaper competitions offer undoubtedly some educational inducements. Those which are merely gambling vehicles should be suppressed. The bad position here again rests upon the foolish old dictum as to a modicum of skill covering a quantity of gambling. For instance, an unfortunate decision of the High Court in Hall v. Cox (1 Q.B. 1899), held that guesses at the numbers of the next Registrar-General’s return (although any competitor could purchase any quantity of the newspaper, filling in a different number for each one, thus making it an extensive gamble at will) did not constitute a lottery, because a certain amount of skill could be exercised by the study of previous returns. This led to numerous imitations, one of which was guessing at the future circulation of a paper, which had the additional journalistic merit of acting as a good advertisement. Amongst many, one poor and foolish artisan acknowledged that he had purchased considerable numbers of the newspaper, and its great increase in circulation by the device shows how many credulous persons were willing to gamble under the shelter of the law.
Two brief sections should meet the difficulties under this heading:—
1. Make all such competitions in which there is a material element of chance illegal.
2. Make it illegal for any publication to offer in any one edition a prize or prizes of the aggregate value of more than £5 for any purpose whatever.
Gambling in Clubs.—With regard to the law as to betting in clubs, allusion has already been made to Downes v. Johnson (2 Q.B. 1895) and a recent decision of Mr. Justice Bucknill which appears to follow upon the lines of that most unfortunate and harmful judgment. The alteration of the law needed here (none should be needed but for the interpretation put upon the words “person using” and “any other person” in section 30 of the Betting Act of 1853, as meaning persons in authority in the place, in the Powell v. Kempton Park case) is to so alter the section that the proprietors or committee of a club shall not escape responsibility for individuals, like the bookmakers in a race-course ring, carrying on betting businesses. Merely a clear definition of “persons using” as including such individuals is needed. This would bring all these betting establishments, some of which merely pretend to be social clubs, into the category of betting-houses, which are common gaming-houses; and if this were supplemented by a section as previously suggested, following the idea of the statutes of Anne and 18 George II., making the gain by any one member of a club of a greater sum than £10, on any game or chance whatever, upon any particular day, an offence entailing the same consequences, a heavy blow would be struck at gambling clubs of all kinds.
As to other gaming in clubs, chiefly card-playing, the reader who plods through the long technical judgment of Mr. Justice Hawkins in Jenks v. Turpin (13 Q.B.D.) will be chiefly impressed by the feeling that the police authorities systematically fail to make use of the existing laws, which is indeed the fact; but this is owing in great measure to difficulties in obtaining evidence, and the natural reluctance to order raids while the gamesters have the power to retaliate in case of failure. When elaborate preparations have been made at the cost of much labour, time, and expense, heavy bribery will often obtain the needful warning even from within the police force. The great clubs are seldom or never touched, and until a special department is formed at Scotland Yard under an able and determined chief, with absolute power of instant dismissal and punishment and liberal reward in dealing with his subordinates, our social life will continue to be poisoned with the evils of club gambling. If this were done and the old £10 limit named above once more revived, and greater power conferred to punish the players as well as the club committees and proprietors, club gambling would dwindle and the career of the professional gamester become less profitable and more precarious, while fortunes and incomes now thrown away would be applied to fruitful and honest purposes.