BOOKMAKING

Hokitika Guardian, 30 July 1931, Page 5

BOOKMAKING

OPINION OF CHIEF JUSTICE. WELLINGTON, July 28. In addressing the Grand Jury in the Supreme Court yesterday in .reference to a charge against two men of having conspired, with some person whose name is unknown to defraud bookmakers, the Chief Justice, Sir LYlichael Myers, dealt with the subject of bookmakers'and bookniakifig iri New Zealand. His Honour expressed the opinion that the only Way to check bookmaking was by .the imposition of terms of imprisonment without the option of fines. i "First of all, as you know, arid as we all know, the carrying on of the business of bookmaking is an offence against the law,’’ said his Honor. ‘The : fact, however, that a .person, is carrying on an illegal businessdoes not make him an outlaw so far as the administration of the criminal.-law is concerned. .What I mean is that' even if he is carrying on an illegal occupation, he is nevertheless entitled... to., protection from persons who are seeking ; todefraud him. MORE RIFE THAN EVER. It was a little. disturbing, however, said his Honor, to find that bookmaking was so rife in New''..Zealand. /'He was not posing as a purist j he knew quite well that there was, and ahyaya would be, a certain amount of' vice in human nature, which, perhaps, it .Was nor wise to attempt entirely to repress by means of Acts of Parliament-, With that aspect of, .the. .mattery however, he was. really not'_,concerned, hut it .must ■ give cause : for concern to.;,the.- Coprts and should give cause Tor concernto the public that, although an Act .was passed not less than :eleven' year's ago, in 1920, making the carrying on of the business of bookmaking a crime, book- \ making seemed to .be more rite than : ' ever in this country. - 1 \ “FINES : LICENSE FEES.’’ ; ; “Gentlemen, ,4 am saying, something about ■ ■ this 1 matter,” ■ continued his (Honor, addressing: 'the, ..- Grand ... .Jury, “because it, is of interest to you just as ifc is to every other member: of .’ the public, and this, after all, is the ; only - Opportunity that a Judge -may properly take of expressing his wiews upon • matters of this kind, and'it 'is competent for -you, if you think fit, to makt /a ; - presentment upon the matter.- Now', you - .will wonder iwhat - all this is leading to. <lt ’is ’ leading to tfeip :’ One hears it said .that "you can’t [stop bookmaking. Gentlemen,‘l dispute .that; I fs •not correct. 1 say you. can stpp.rbopk-.. :-i making, arid -you can-stop themaker, but you can’t stop him by .imposing fines upon the mere .''agents wfeo may be prosecuted beforetrie Magis : ‘ strates. The imposition of fines, in that way, is merely ordering the persona Who were brought before tfee .Courts , to pay a license fee. - TfeFk LEAD NOT ACCEPTED. “There is one way in which ' hookmaking can be stopped, and, gentlemen,, some year or so ago I took;', the . responsibility of giving a lead. It ,i ; very rarely ifeat a person charged with carrying ori ? the business of a book - maker is brought before this. Court. They generally, prefer to be dealt- with in the lower Court,) but about ‘ twelvemonths ago there was one person so charged who elected'‘to come..., befoie this Court, and -having regard"' to; tlri fact that bookmaking was so rife in New Zealand,- and to the 'factthat/ he was not a first offender, I took-the responsibility of sentencing, him to. imprisonment for a' term of nine-' months. I took , the responsibility, I-sayj of giving a lead. That -responsibility : ha- 1 previously been taken soma-years 1 before in another part of ...New .Zealand. That lead, however, has not been accepted. I say, and I have no tion in saying, and I consider4.it my duty to say, that the mattery rests entirely with it he Magistrates. -■ MAGISTRATES’ POIWERSj: 1 “Bookmaking will, never be so long as fines are imposed, -Th way in which to-stop bookmaking Is y this. When persons..-who are; .•genefall;’: the agents of the men who are), really working in a big way are broughti fee.fore the Court charged with' common gaming house” they Magis-: (crates have it in their power. these persons’ to prison Without;; i any option of a fine, and I venture; to sa. , that if that were done as a -'practic . for a while before very long bookmak ing would cease in New Zealand. “Gentlemen, I don’t invite -you t' make any presentment upon the mat ter, but it is competent, for you, y make a presentment if you: think proper to do so. You will understand that there are "no' charges’before you' o' carrying on the business of bookmaking. My observations arise by reason of the 'fact that a couple of the cases are cases where it is alleged' that th : persons charged have defrauded boolmakers, persons who ate admitted!, carrying on the business” V bookmak ing.” 'His Honor repeated that whf matters came before the Supreme Cour on which the Judge had the opportunitof publicly expressing his views an. which could not be given by a Judg in any other way, it was, in his Honor’s opinion, the duty of the Judge to take that opportunity. \