IS BETTING GAMBLING?

Dominion, Volume 11, Issue 158, 23 March 1918, Page 6

IS BETTING GAMBLING?

MAGISTERIAL. DECISION,

'Reserved judgment was delivered m the Magistrate's' Court yesterday by Mr. S. K M'Carthy,' S.M., in the i.hso brought against Friineis James; Oakes of permitting gambling on his licensed premises, the. Puke of Edinburgh Hotel, iu January and February last. His AVorship said, after reviewing the evidence, that although the defendant had circularised his . employees not to countenance gambling on' the; licensed premises, the inference lie drew from all the facts and from defendant's demeanour while giving . evidence was that the circular quoted .was intended, not for practical use, but for production in court.. Notwithstanding the notice, AVinter, ail employee, and a barmaid named "Billyj!'. acted on tho licensed, premises as the agents of a bookmaker named," AVales. AVinter himself also carried on the calling of a bookmaker on the premises. Defendant's evidence was that on no- occasion when he visited the bars did he detect the, least sign of . betting. The. Magistrate -said be .could- not tako that 'jjvidehce .seriously, ; and . maintained that;, defendant s * "supervision was wilfully blind or woefully lax. The inference to be drawn from all the evidence and ciijeumstanws was that AVales was hahitually using the private bar for the purpose. of betting, with the full knowledge and consent of AVinter and the : barmaid. There was no direct . proof, that defendant ever had knowledge of any act of gambling. ' Hia AVorship,. continuing;' said: "There are three words between which we must distinguish, namely, gaming, betting, and gambling. Gaming is the playing of any game for stakes; betting is' risking stakes on the play of others or on some contingent event. About' 5 these there is no dispute. There is no clear-cut distinction between betting.(uid gaming. Gambling in common parlance is the risking of stakes on the result of a contingency and includes both gaming and betting. The word gambling has in the course of years'acquired a generic signification, <iiid in the absence of any express decision to the contrary, its ordinary signification must be the meaning it receives from tlif' courts, lor what reason has the Legislature adopted tho term gambling instead of .gaming if it were liot to give the-former its extended moaning? It was contended that it-would be monstrous to construe betting on horsoracins: as gambling, as it might lead , to a licensed house being declared to be a common gaminghouse and to an. endorsement of the Hcensc. The.reply to this is that if a [licensee chooses to so manage his business as to bring on himself the terrors of the law he must put. np with the consequences. The informations (five) each pllogo permitting or conniving-. Tho informations will be amended by striking nut the word "connive." There will he onlv a eviction in respect to t.lif last date, tyimelv, February 2. AVith regard to the-fine. I have arrived at a decision contnw to that alr*\adv given' hy another Magistrate. It- is only, •therefore, reasonable that- the substantial question at is?"o ."hnuld treated as'a tost case. If defe»dant is ■ satisfied with mi anneal «n poi"t of law. the fine will be one shilli'v*. Tf lio v.dshes a" ap'v>:o. on w'nt of fact tho fine will be P" Is. JM«"Hlnnt will '*0 convicted nnt] orde v ed. '<) cists. TWo -;il Vo no e'l'lorsement."

Mr. M. Mvprs. nlio ."nivnrff l fnr rln. fcurlint. lioH"" rf appeal, security fnr 'whirl' ms fWerl. . .