OUR GAMING LAWS.

Dominion, Volume 6, Issue 1731, 23 April 1913, Page 3

OUR GAMING LAWS.

Sir,—One .'of the worst features of tlio Ward Government's 'term of office, anil cno that found n toniewhat inarticulate expression at tlio last general election, was the effect of legislation by dc-pula-tion, secret arrangement, and conference. Any small Land of citizens who presented themselves on the Ministerial doorstep, claiming, mostly on their own verbal assurance, to represent .largo .sections, or majorities, of •'right-thinking" people, were readily accommodated,i'witlianything in tho way of freak legislation desired. Those whose rights and liberties were affected, mid -should havo had the main considera-, tion, were left out of the calculation cn.tirely, and the mere, fact of a few busy-, bodies finding it necessary, to fill in tlie'ir spare timo "allegedly reclaiming their fel-low-maii by indulging some hobby for social reform, and having the activity to make its 'representations to a Minister, was sufficient inducement fir tho lato ■Government to embark on orude legislative experiments. Tho effect of thin, in cases', wiped out essential rights and liberties that were the growthl of decades of experience in' public polity. To this class of laws our gaining legislation fittingly belong. There is no statute on our books that hotter expresses the venom of fanatical hate in its disproportionate penalties, abandonment of the protective provisions of British justice, interference with the liberty of the jjress, invasion of tho sanctity of the' home, danger to tho liberty of guilty and innocent alike, than this legislativo freak. Under its previsions, if rigidly enforced, tho whole population has been given over to police domination, and every citizen whose speculative temperament runs from playing a game of cards for matches to supporting his judgment by offering 'to defray tho cost of a couple" of new hats on an election is liable to a penalty of iilOO for cacli such heinous offence. liven tlio boy over seven who uses the phrase "I'll bet you a bob!" can lie haled before tho court for offering to make a' Wager.

It will thus bo Been.that nothing that fanatical hate can construe as part of what it is pleased to designate the "gambling evil" has been left out, no judicial principle of fairness that safeguards the innocent from injustico has been left in, and what is the result of all this strenuous endeavour?— There is more gambling done, to-day, and under more degrading circumstances, than ever before. Those who enjoy tho pleasuro of supporting their judgment on tho merits of a horse by 'a-monetary speculation, have been compelled to treat tho law with contempt. Where a dozen bookmakers of standing existed ten year 3 ago, and conducted betting businesses in a reputnblo manner, a hundred aro canvassing factories, i workrooms, offices, and public places, with .inducements to break a law that probably, four-fifths of the male population regards with absolute contempt. Tho police force has been degraded by being called upon to lie, spy, and perform duties that there is not a sufficient backing of public opinion to support in self-respact. One magistrate, at least, has unmistakably shown, by his utterances that, the' enforcement of tho punitive provisions of the Gaming Act is distasteful to him.. It is hard to oonceive any mind, judicial in its temperament, that would feel it was acting otherwise than expressing partisan vimlictiveness in .enforcing a penalty of from JSO (o JilOO (or three months imprisonment) for such a trivial oll'euce as investing half-a-crown on a horse, even if (lie evils of gambling were twenty times worse than the AntiGambling .Society paint them.

■ The enforcement; of a law of this nature, even .if it; was competent to suppress what was (timed jit, is bound to produce evils that .strike at the very base of tlio social structure. The late iVTf. Scddon earned tlic title of "The Great Opportunist," by replying to a deputation somewhat- ahe;iit of its time that ho sympathised with its representations, but was nut prepared ti> givo legislative expression to them, as there was not sufficient backing of public opinion to make their proposals effective. He further declared it as his view that no Government can legislate in advance cf public opinion. The elfect of our gaming laws has attained quite the reverse ot what was intended, os every sumptuary law that is conceived in the puritanical hopo of changing habits implanted by nature, which are not the subject of moral consuro by the. average citizen, ever have been. Contrasting the . evils ot' two forms of speculation—ouo a legal form and the other an illegal form— it will be found that the legislatively banned form of speculation is far the least harmful, and to the cta':s the illegal iorm of speculation is designed to protect.: If speculation in landed property, ov household' necessities takes place, tlio major portion of the burden of the bargaining is home by the worker, though he is seldom indeed a participant in any portion of tlio profits, unci possesses no power to prevent such a form of speculation, which afflicts him the most sorely, taking place. But there, is no compulsion on the worker to take part in the gambling incidental t» hor.-e-raeine; nor' is there any obligation on liiin In shoulder the evil elVects, if any. of I !m-;' who do. The 'Provisions of the (laming Acls were de-igued. a-, ninny of ilie Acts of the lale Administration were, in a hypocritical at-

feclation of paternalism for (lie welfare of no worker, in which his self-respect and self-reliance were the least factor, in order to make him a surer prey for its loyal satellites.

It has been urged, and if it was tenable it is the only rational argument presented, that-'the must substantial reason for file abolishment of the bookmaker is tlio removal of an inducement offered to moral weaklings (ii embezzle moneys in their charge. .And this is the argument put. forward, though very inadp(|iinle]y supported, by those who claim to bo the moral teachers of the community. I'earonable men would expftt that ii' there was any virtue in Unir tcjphinc-. it would lm lip*:to jirava it by invigorating lhn moral weakness of individuals in (heir own

Hock. rather than penalising i'or their own moral weakness^- 1 . iiui: she plest form of analysis will show iiu* l'.-.l-Incv of this argument. It is to iho Iwo.v-

mnker's interest to prevent ji«b'.io ccandals as u result of n; 1,1:i.;r, ami ; -v• If-. interest will compel him to use his personal observation i« pro vein, nis clients Irom belting beyond (heir mean l :. the tolalisator, of winch the ;noraii;,!s nrparonlly approve, as;,-; no questions ami makes no observation;, per doe,s it question tilo means of its clients, Tho rent, tlio house allowance, tho tradesmen's payments, the dishorni',employee's defalcations may all go in at tin jiclret window, ami come out at the pay-cut box. and the machino is never the wiser. It doesn't know, and it has nothing to care for or fear.

Now that Mr. Masse.v has given public expression to an opinion that gaming law requires'rovising it is to 1m hoped that a Bill will be introduced next session re-, storing s'omo of that reasonable liberty wbicli formerly existed, and putting betting under such regulation that will meet with tho approval of ■ tho. average fullblooded man. Among the most necessary reforms'to attain this end the writer vronld suggest repealing nil the provisions of present legislation that interfere with newspaper "tips" and reports, licensing reputable bookmakers to operate anywhere at a fee to. be divided in a fair proportion between the racing clubs, the consolidated fund, and a fund to reimburse those who, in the opinion of a Judge of the Supremo Court, suffer loss, bv embezzlement as tho resulted' a bookmaker's (Operations. This provision might also be .made to apply to the : totalisafor. l'':;rtlier nt-cessary 'provisions would .require that licensees should give Bank iniarantecs of their financial abilily to engage in tho occupation of bockmaliiug. Amendments of this nature would do something to end tho present unsatisfactory conditions of affairs, probably reduce ]the volume <?f betting, and restore some' resoect for tho law of the land,.by a large section ot people who inherit the Britisher's traditional love of monetary speculation on Ins judgment of a good horse.—l am, etc . . •- E.D.A. " April 19, 1913.