Gambling Research Institute Alberta Gambling Research Institute

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Alberta Gambling Research Institute Alberta Gambling Research Institute

1950-05 Gambling

Ploscowe, Morris, ed.; Lukas, Edwin J., ed.

The American Academy of Political and Social Science

The Annals of the American Academy of Political and Social Science, Vol.269, May 1950, 209 pp. http://hdl.handle.net/1880/469 book

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THE UNIVERSITY OF CALGARY

LIBRARY THE CALGARY 108 - 2nd Street S.W. Calgary, Alberta b VOLUME 269 MAY 1950 THE ANNALS of The American Academy of Political and Social Science - -

THORSTEN Editor JAMES C. CHARLESWORTH, Editor

GAMBLING

'. Edited by MORRIS PLOSCOWE of the Magistrates' Courts of the City of New York and EDWIN J. — Former Executive Director Society for the Prevention of Crime New York City

PHILADELPHIA I 19!

CONTENTS

PAGE FOREWORD . . vii

LEGAL STATUS OF GAMBLING

THE LAW OF GAMBLING Morris 1 OBSTACLES TO OF GAMBLING LAWS Virgil W. Peterson 9 THE FACILITATION or GAMBLING Paul S. 21 GAMBLING IN NEVADA Joseph F. McDonald 30 LEGALIZED GAMBLING IN NEW YORK? Messages Legislature by Mayor O'Dwyer and Governor Dewey 1

VARIOUS FORMS OF GAMBLING

THE FORMS OF GAMBLING Oswald Jacoby 39 Louis A. Lawrence 46 HORSE RACING AND THE John I. Day 55 SLOT MACHINES AND PINBALL GAMES .... Anonymous 62 LOTTERIES YESTERDAY, AND TOMORROW . . . . Ernest E. Blanche 71 GAMBLING ODDS ARE Ernest E. Blanche 77

THE GAMBLER

THE PROFESSIONAL GAMBLER Albert H. 81 THE OF GAMBLING Robert M. 93 THE POMO: A PROFILE OF GAMBLING AMONG INDIANS W. and Ethel G. 108 THE ARGOT OF THE DICE GAMBLER . . . . . David W. 114

GAMBLING IN FOREIGN COUNTRIES

GAMBLING IN THE LATIN AMERICAN COUNTRIES . . .. . Lopez-Rey 134 BETTING ON FOOTBALL MATCHES IN SWEDEN Bertil 144 46682" CONTENTS

BOOK DEPARTMENT . ' ' . . PAGE RAFAEL. A History of Spain. Albert Hyma . 196 et la sociale. Fritz Mann . 192 Louis F., and others. de Richard N. Swift . . 188 SERGIO. de la sociedad colonial. A. Curtis Wilgus BAILEY, STEPHEN Congress Makes a Law. Dayton D. McKean . . . 157 PERCY W. Germany's Contribution to European Economic Richard N. Swift 188 RAY Westward Expansion. George C. Osborn 155 ERIC H. We Survived. Ralph Haswell Lutz 191 BRINTON, CRANE. English Political Thought in the Nineteenth Century. Pres- ton Slosson 185 BURNS, The American Social Security System. Karl de Schweinitz 175 BUTTERS, J. KEITH, and NILAND. of Taxation: Inventory Ac- counting and Policies. Roy G. Blakey 171 CHENG, DAVID TE-CHAO. Acculturation of the Chinese in the United States. Franklin L-K. Hsu 178 CHESTNUT, MARY A Diary From Dixie. George C. Osborn 156 CLAPHAM, SIR JOHN. A Concise Economic History of Britain. R. G. Cowherd 186 CLEETON, GLEN U. Making Work Human. Gordon S. Watkins 169 DAUGERT, STANLEY MATTHEW. The Philosophy of Veblen. Edmund Whittaker 180 DEES, JESSE WALTER, JR. Flophouse. L. Guy Brown 177 DENNIS, WAYNE, and others. Current Trends in Industrial Psychology. Nathaniel Cantor 167 DILL, WILLIAM C. Statehood for Hawaii. Allan F. Saunders 161 DIRKSEN, HERBERT VON. Moskau, Tokio, London. Louis L. Snyder 152 The Opening an Era: 1848. Louis L. Snyder 183 FINKELSTEIN, Louis The Jews. Mortimer J. Cohen 197 FRANKL, OSCAR BENJAMIN. Theodor Samuel Koenig 199 GALDSTON, Social Medicine. Bernhard Stern 176 GLASS, RUTH The Social Background of a Plan. Charles S. 187 GOLD, BELA. Wartime Economic Planning in Agriculture. Benjamin Baker 165 GORDON, ALBERT I. Jews in Transition. Francis J. Brown 198 GROB, FRITZ. The Relativity of War and Peace. Johannes Mattern 150 RALPH W. The House of Baring in American Trade and Finance. Fred A. Shannon 157 HUXLEY, JULIAN. Heredity East and West. Anatole G. Mazour 195 CONTENTS

INSTITUTE OF PACIFIC RELATIONS. Problems of Economic Reconstruction in the Far East. J. B. 150 JASNY, The Socialized Agriculture of the USSR. C. E. Black 194 JONES, HOWARD Primer of Intellectual Freedom. H. M. Kallen 153 BOUTILLIER, CORNELIA GEER. American Democracy and Natural Law. Clinton L. Rossiter 154 EDWARD H. An Introduction to Legal Reasoning. Frederick W. Killian 181 LIDDELL, HELEN EDMOND VERMEIL, and BOGDAN Educa- tion in Occupied Germany. Richard N. Swift 188 DAVID E. This I Do Believe. H. M. Kallen 153 CHARLES E. Unions and Capitalism. John Newton 166 PETER I. History of the National Economy of Russia to the 1917 Revolution. George Vernadsky 193 MCCARTHY, RAYMOND and EDGAR M. DOUGLASS. Alcohol and Social Re- sponsibility. E. Douglass Burdick 177 LILLIAN. The Constitution of Justice. Jessie Bernard 179 MERIAM, LEWIS, KARL T. SCHLOTTERBECK, and MILDRED MARONEY. The Cost and Financing of Social Security. Harold M. Groves. 164 MEYER, ERNST WILHELM. Die fur den Ferdinand A. Hermens 190 MILES, ARTHUR P. An Introduction to Public Welfare. Robert W. 174 MILLER, HUGH. The Community of Man. D. F. Fleming 173 MILLER, WILLIAM. The Book Industry. Ordway Tead 171 MILLS, FREDERICK and CLARENCE D. LONG. The Statistical Agencies of the Federal Government. Frederick F. Stephan 159 MUZIOL, ROMAN. und Marshall-Plan. Fritz Mann 151 New York State Legislative Annual, 1949. Belle Zeller 158 PETRIE, CHARLES. Earlier Diplomatic History 1492-1713. Waldemar Westergaard 182 A. FRANK. The Case of General William J. Ronan 160 SHACKLE, G. L. S. Expectation in Economics. Lewis H. Haney 163 ALLEN MORRIS. Has Market Capitalism Collapsed? Isaacs 161 STAPLETON, LAURENCE. The Design of Democracy. Elmer D. Graper 184 STRAUS, HANNAH ALICE. The Attitude of the Congress of Vienna Toward Nationalism in Germany, Italy, and Poland. Garland 183 TINBERGEN, JAN. The Dynamics of Business Cycles. W. F. Stolper 162 TREDGOLD, R. F. Human Relations in Modern Industry. Nathaniel Cantor 168 and E. F. L. BRECH. The Making of Scientific Management. Vol. I, Thirteen Pioneers. Charles S. Ascher 169 CONTENTS

PAGE VERMEIL, K. J. HAHN, and GABRIEL LE BRAS. Les en Richard N. Swift 188 WHITE, LESLIE A. The Science of Culture. Frank E. Hartung ...... 172 WIENER, PHILIP P. Evolution and the Founders of Pragmatism. Frank Hartung 180 WILSON, G. LLOYD, and LESLIE A. BRYAN. Air Transportation. Gilbert Goodman 170

INDEX .

The articles appearing in THE ANNALS are indexed in the Readers' Guide to Periodical Literature and the Industrial Arts Index. __ ,. FOREWORD GAMBLING is a well-nigh universal phenomenon. occurs among people of all ages and cultures Nor is it an offspring of modern civilization, for it was encountered in primitive communities. Indeed, many of the forms of gambling, as well as some of its rationalizations, go back to the dawn of history. Even the Hittites of Biblical times were interested in improving the breed of horses, which is the current cliche the "sport of kings" and its concomitant, betting on the races. American attitudes towards gambling have always been ambivalent in character. Widespread condemnation and participation in gambling go hand in hand. The public press sporadically inveighs against gambling and its attendant evils, yet facilitates it by publishing the data essential to gambling in many forms. Churches condemn gambling, yet profit from raffles and lotteries. Legislatures enact antigambling statutes, yet make it possible for states to participate in moneys wagered at race tracks. Flurries of strict enforcement of gambling statutes alternate with long periods of quasi-official tolerance. The citizen who becomes outraged at revelations of police corruption in connection with gambling nevertheless patronizes the neighborhood bookmaker or the "one-armed bandit." Moreover, each era has seen a fresh emphasis on some new, or the revival of an old, game of chance or outlet for the gambling instincts of the individual. This generation differs from its predecessors perhaps more in terms of an increased participation in the pastime, rather than in the multiplicity of forms it has assumed. Indeed, we have found an amazing similarity between new and old forms of the stakes are now astronomical, where once they were moderate; the modern devices now employed disguise only thinly the ancient games our fore- bears played. It is extraordinary that, despite such universal and interest in gambling, little basic material of an analytical and scientific character has been published concerning this absorbing subject. The literature of gambling is studded with colorful polemics concerning its moral and social features; the shelves of libraries are filled with reports concerning official malfeasance in the enforcement of gambling laws, containing some illuminating chapters on the already well-known aspects of gambling. But nowhere, to our knowledge, has the attempt been made to envisage the problem in all its many-sided forms, and from all its facets. Nobody has attempted to analyze and describe the various forms of gambling, as well as to evaluate their moral, political, social, psychological, and economic implications. This symposium, therefore, represents the first attempt at an over-all analysis of the problem of gambling. It is by no means complete, for this would have required far more space than was available to us, and other techniques of assembling contributions besides that of voluntary collaboration. Nevertheless, despite the gaps and limitations of our material, of which we are painfully aware, we believe that the outstanding features of the problem of gambling have been covered ob- jectively. Our contributors have presented data in the various articles contained herein which make it possible to answer some of the basic questions concerning gambling. . Recent developments have enhanced the timeliness of this volume. During the past few months, gambling has been headline news. At their annual meeting in the fall of 1949, the mayors and city managers of the American Municipal Asso- ciation discussed the alleged relationship between gambling and organized crime. One result was the launching of a campaign by metropolitan newspapers throughout the country to expose "the nation-wide interlocking operations of well organized crime syndicates heavily financed by the Nation's gambling bill." • On January 5, 1950, United States Senator Estes Kefauver (Tenn.) called for a Senate investigation of interstate gambling and racketeering. A few days later, Mayor William O'Dwyer of New York City made his forthright proposal to the Legislature (in a message reprinted in this volume) to legalize and regulate certain forms of gambling on sports events. Governor Thomas E. Dewey addressed a public plea (also reprinted herein) opposing this precedent-shattering request. The clergy of the Nation did not remain silent in this controversy, and the Federal Council of Churches stated that it "reaffirms its vigorous opposition to gambling which it considers an invidious menace to personal character and to morality." These recent developments throw into sharp focus certain basic questions concerning gambling: Does gambling, in any and all of its forms, undermine public morals to such an extent that it must be repressed at all costs? Is gambling primarily an activity conducted by racketeers and underworld characters who are able, through political and other methods, to paralyze local enforcement agencies? (3) Are racketeers in control of gambling using the proceeds from gambling activities to finance other criminal enterprises? (4) Is it possible to control the evils of gambling by legalizing certain of its forms and outlawing others? (5) If gambling is not legalized, how can enforcement agencies be strengthened so that gambling statutes can be rigorously enforced, despite widespread public participation in gambling? We have marshaled the materials contained in this volume for the purpose of furnishing data by means of which questions such as these might be answered. If our readers find our data they find that our contributors dis- agree among themselves as to how such questions must be should not be surprised. The problem of the control of gambling is a complex one, and there are no certainties, no finalities, in this field. All that we hope to accomplish by this volume is to bring about an understanding of the complexities and to stimulate efforts directed toward their solution. MORRIS ''•' - •'• • EDWIN J. The Law of Gambling

By MORRIS

HE law of gambling in this country on matters prohibited by statute, or is chiefly a statutory development which were contrary to public policy, and does not have very deep roots in or in which the reception of indecent the common law. This is largely due to evidence was necessary to determine the fact that the common law and the who had won. But wagers on indiffer- early English statutes on gambling were ent subjects which could not be in- not consistent. Toleration and prohi- cluded in such exceptions were still en- bitions of gambling went hand in hand. forceable. general legal attitude At common law, private gambling was was not radically changed until the not indictable. Any game of chance early years of Victoria's reign, when played by a group of individuals in a it was provided that "all contracts or private house was not a criminal of- agreements by way of gaming or wager- fense if the gambling was not accom- ing shall be null and and no suit panied by a breach of the or by shall be brought in any court of corruption of the public morals, or by law and equity for recovering any sum a general invitation to the public to of money alleged to be won in any come to play, or by cheating. bling only became a crime where it was EARLY ENGLISH STATUTES conducted openly and notoriously, or where it tended to a breach of the peace The comparatively liberal attitude of or the corruption of public morals be- the common law toward gambling may cause unwary or inexperienced persons be contrasted with the provisions of were fleeced, false cards or dice were early English statutes which prohibited used, or disorderly individuals were at- various forms of gambling or which de- tracted by the play. Under these cir- clared certain games to be unlawful. cumstances, the premises used for the There was no clear distinction in these purposes of gambling might be desig- statutes between games whose purpose nated as public nuisances which could was play and recreation and games be abated by law enforcement authori- whose purpose was gambling. Both ties. This concept of the gambling were likely to fall under the ban. For house as a public nuisance which is example, the statute enacted in Henry subject to abatement is still a part of time provided for a fine of forty our law. shillings a day against anyone who At common law, there was no general kept for gain "any common house, alley prohibition against the enforcement of or place of bowling, coyting . . . tennis, gambling contracts. Where a wager dicing table or carding or any was fairly made and fairly won, the law other manner of game prohibited by would lend its aid to the winner in col- 18 & 9 C. 109 (18), An earlier lecting his bet the loser. Grad- statute (9 Anne C. 14, 1710) provided that all ually the courts came to make excep- notes, bills, mortgages or other securities or conveyances, which were won by gaming or tions to the general rule that gambling which were used to reimburse or repay any contracts or wagers were enforceable money knowingly lent for gaming, were "ut- at law. They refused to enforce bets terly void, frustrate and of none effect." 1 THE ANNALS OF THE AMERICAN ACADEMY any statute or any unlawful new game regular price of the merchandise or the now invented or hereafter to be in- regular admission fee. These schemes vented." Not only was the keeper of were held to be in violation of the con- the place where the game was played stitutional subject to fine, but anyone frequenting such place or anyone engaged in the TYPES OF PROHIBITIONS play might also be fined. The statutes prohibiting gambling Despite such statutes, gambling was vary widely in scope and comprehen- a popular pastime in England. The siveness. In general, they provide for English apparently recognized that it the following types of prohibitions: was impossible to prohibit gambling al- 1. The gambling house in all its together. They therefore sought to forms is outlawed, whether the gam- place limits on gambling losses. A bling is carried on with cards, dice, or statute of Charles II limited gambling roulette, or whether the premises are losses to £100 "at any time or meet- used for the sale of lottery tickets or ing." A statute of Queen Anne some chances on policy numbers, or whether years later reduced the limit to at the premises are used as a horse room any one sitting or for the purpose of taking bets on horses, or whether the premises contain an ag- STATE PROHIBITIONS gregation of one-armed bandits, that In this country, after considerable is, slot machines. experimentation with legalized gam- 2. The statutes prohibit gambling, bling, particularly in the field of lot- betting, or the maintenance of slot ma- teries, statutes in every state except chines in particular types of premises Nevada prohibit various forms of gam- for which licenses must be obtained bling. The prohibitions against gam- from public authorities, such as taverns, bling have also been written into state billiard rooms, bowling alleys, and constitutons. In New York, for ex- restaurants. ample, the constitution prohibits the 3. The statutes penalize the profes- legislature from authorizing "any lot- sional gambler, game keeper, or book- tery or the sale of lottery tickets, pool maker, as distinguished from the oc- selling, bookmaking or any other kind casional or casual gambler or bettor. of gambling." For example, Section 899 (5) of New Wherever constitutional provisions of York's Code of Criminal Procedure de- this character exist, it becomes impos- clares a disorderly person to be one who sible to legalize any particular form of has "no visible profession or calling by gambling or type of gambling scheme which to maintain himself but who does without constitutional amendment. so for the most part by gaming." Sec- Some years ago, for example, the Ken- tion 986 of the Penal Law also makes tucky legislature attempted to except anyone who engages in pool selling or from the constitutional provisions bookmaking guilty of a misdemeanor. against lotteries, drawings by mercan- 4. The statutes prohibit the posses- tile establishments, theaters, or news- sion, maintenance, rental, or sale of papers which made no charge for the various types of devices or apparatus privilege of participating other than the used for the purpose of gambling, such as slot machines, pinball machines 33 Hen. VIII C. 9, 1541. Car. II C. 7, 1664. , (readily adaptable to gambling use), Anne C. 14, 1710. . v. 1943, Art. I (9). ... •• 293 531, 169 SW (2) 596. THE LAW or gambling tables, roulette wheels, punch- gambling games and gambling boards, and others. Many states which prohibit betting or 5. The statutes prohibit particular bookmaking on horses specifically ex- forms of gambling, such as participation cept such betting if it takes place at in the game of policy, contriving or the race Some states, for in- drawing lotteries or selling lottery stance Massachusetts, permit gambling tickets, bookmaking on horse races or games, such as beano, to be licensed on other contests, etc. where the proceeds are used for chari- 6. The statutes prohibit the activities table, religious, or educa- of the touts and shills who persuade tional Montana permits re- others to bet or to visit places where ligious, charitable, fraternal, or non- gambling is carried on, or who encour- profit organizations to install and main- age minors to gamble. tain machines after procuring li- 7. The statutes place a responsibility censes Idaho permits its upon certain individuals, such as cap- municipalities to license slot machines tains of vessels, or owners, agents, or on a local option The state of superintendents of houses, to eliminate Washington permits its clubs to operate and suppress gambling from the vessels slot or premises under their control. While the power of the state legisla- 8. The statutes provide for the seizure ture to legalize or license gambling has and destruction of gambling devices, been frequently attacked, it has usu- implements, and apparatus, and the dis- ally been sustained as within the police position of seized moneys which are the power of the state, unless the legisla- proceeds of gambling. tion in question violates some specific 9. The statutes prohibit wagers and provision of the state con- bets and declare gambling or wagering contracts to be void and unenforceable A number of basic questions concern- in the ing the statutory prohibitions against In general, the violation of the statu- gambling arise over and over tory prohibitions against gambling is a misdemeanor. But some forms of gam- STATUS OF such as contriving or drawing 1. To what extent is the occasional lotteries or the maintenance of gam- participant in a gambling game, the bling houses, may be designated as Its statutes require the operators of gam- felonies. bling devices or gambling games to obtain licenses from the State Tax Commission and STATE PERMISSIONS to pay the requisite fees therefor (Ch. 248 Despite statutory prohibitions against Statutes of Nevada, For example, the New York State Con- gambling, legalized gambling is still stitution was amended in 1939 to except from very much alive in this country. The the sweeping constitutional provision against state of Nevada licenses all forms of gambling, betting on horse races as may be prescribed by the Legislature" (Ar- Sometimes the prohibition is as sweeping I (9) New York as that of New York (991 Penal Law) which See v. O'Connell 1936, 293 Mass. prohibits all wagers, bets, or stakes made to 200 NE 269. depend upon any race or upon any gaming by Rev. Code, Montana 1947, 84-3603. lot or chance, or upon any lot, chance, cas- Idaho Code, Ch. 50, 1501-10. ualty, or unknown or contingent event what- Rev. Stat. Wash. 1940, 2472-2. soever. In other states, the prohibition against See State ex. Grimes v. Las Vegas betting or wagering may be limited to games 1931, 53 Nev. 364, 1 P. (2) 570, Comm. v. of chance. O'Connell supra. THE ANNALS OF THE AMERICAN ACADEMY player as distinguished from the game the defendant is not a bookmaker, but keeper, the customer as distinguished is merely a horse player. Horse players from the policy collector, the horse are notoriously social and gregarious. bettor as distinguished from the book- They consult one another with respect maker, to be penalized under gambling to their choices. They pass scratch statutes? The answer to this question sheets and other racing paraphernalia varies from state to state and may even back and forth. They pass money back vary in the same state with respect to and forth pursuant to an agreement different forms of gambling. For ex- that one person or the other will call the ample, in New York the who bookmaker and place the bet. They wishes to play a policy number and who may even keep a record of their bets or has policy slips in his possession is use the telephone to place the bet with guilty of a misdemeanor. A member of the bookmaker. Their activities dupli- the policy racket operating as a collec- cate in many respects those of the book- tor, controller, or banker, who is also maker or the bookmaker's runner who caught with policy slips in his posses- solicits and takes bets. sion, is likewise guilty of a misde- A charge of bookmaking is usually meanor. On the other hand, the pos- based on the observation of activities session by a horse bettor of a record similar to the aforementioned. But our of his bets made with a bookmaker is courts have had considerable difficulty not a criminal Nor is it an of- in attempting to differentiate between fense for a person to play a social game the bookmaker and the horse player on of cards for money. the basis of the stereotyped observa- However, every horse player in New tions of police officers. general, the York runs the risk of being arrested courts have required more evidence and accused as a bookmaker when he is than that apparent from casual contact found in possession of scratch sheets, between various persons on a public records of bets, and other paraphernalia street or in a public place, to designate of horse betting. Moreover, every per- a man as a bookmaker. As the court son who sits down to a social game of put it in the leading case of People v. poker or bridge may find himself arrested on a charge of disorderly conduct in that he made "loud and boisterous The statute has been taken to apply not noises to the annoyance of residents of to those who place their own bets with bookmakers, but to the professional opera- the vicinity while playing cards for tor who makes a business of betting money." These arrests normally result against the public's guesses and so has in the discharge of defendants. But earned the name bookmaker as he records this does not discourage the police from his numerous commitments. This court continually harassing card players. has not considered evidence where there is nothing more than the approach IDENTIFYING THE BOOKMAKER on the sidewalk of a few people to the defendant, the examination of a scratch 2. By what evidentiary criteria can sheet and the passing of money. The cir- the professional bookmaker who takes cumstances are not deemed sufficient to remove the case from uncertainty as to the bet be distinguished from the horse whether defendant's status is that of a player who places the bet? Thousands mere player or of a professional book- of men all over the country are ar- maker. (People v. 292 N. Y. rested and charged with bookmaking. 498; People v. 289 N. Y. 703; A common defense in these cases is that People v. 288 N. Y. People THE LAW OF GAMBLING v. Richardson, 287 N. Y. In these sons who have paid or agreed to pay cases there was no evidence as to what was a valuable consideration for the chance. said and no evidence of a writing or re- Three elements, therefore, must be pres- cording. But where there has been proof ent for a lottery: a prize, (2) dis- of writings in addition to the unheard tribution of the prize by chance, (3) street corner conversations, examinations consideration. of scratch sheets and passing of money, the convictions have been sustained (People v. When motion picture theaters Began 292, Y. 545; People v. running bank nights or country stores 292 N. Y. 546). In People v. and restricted the drawing and the (230 N. Y. 529) where as appears award of prizes to persons who pur- from the record the men who approached chased tickets, the courts did not have defendant told him to place bets of speci- much difficulty in convicting the owners fied amounts, the evidence was deemed and managers of the theaters of oper- the conviction was affirmed. ating lotteries. Chance and a prize So in this case, the officer heard the in- were present in these schemes, and the structions to place two dollars on a horse to be run that day. Defendant's admis- only problem was that of consideration, sion that he helped the bookmaker by which was found in the fact that the writing his slips though not in ap- admission price covered not only the plicable to the day of his is suf- right to see the picture but also a ficient to prove he was engaged in assist- chance at the But when the ing acts of bookmaking. theaters attempted to eliminate the ele- In addition, evidence of the slips in de- ment of consideration from the lottery fendant's handwriting recording bets for schemes by throwing the bank nights races on previous days was potent proof or country stores open to anybody that defendant was practicing the calling whether they paid the admission price of bookmaking and was not merely a player or one sharing risks with other to the theater or not, then the courts had more difficulty in designating these drawings as lotteries. QUESTION OF LOTTERIES In general, a majority of the courts still considered these schemes as lot- 3. How extensive is the prohibition teries, which were in violation of the against lotteries? Does it extend to law. But there have been numerous the bank nights and country stores with dissents from this view, and some courts which motion picture theaters were ac- have felt that the fact that the general customed to stimulate patronage during public may obtain a chance at the prize the Does it extend to raffles, without buying admission tickets is bazaars, wheels of fortune, roulette, sufficient to take the scheme out of the keno, beano, or bingo, when the pro- category of a ceeds from these activities are used for religious, charitable, educational, or fra- For worthy purposes ternal organizations? the country, various gam- Lotteries are almost universally pro- bling devices, such as raffles, lotteries, hibited by the various states. In ad- See, for example, People v. Miller 1936, dition, there is Federal legislation 271 N. Y. 44, 2 NE (2) 38. against lotteries. A lottery has been Compare such cases as State v. Lynch, defined as a scheme for the distribu- 1943, 192 497, 137 P (2) 949; State v. Danz 140 Wash. 546, P 37; State v. tion of property by chance among per- 1936, 220 Iowa 1369, 264 NW 608; People v. Goldstein 1946, N. Y. City of v. Jones 1937, 41 N. Mex. NE (2) 169. 258, 67 P (2) 286. THE ANNALS OF THE AMERICAN ACADEMY

roulette, wheels of fortune, keno, beano, or bingo, are used for the purpose of SLOT MACHINES AND PINBALL raising funds for worthy purposes, such MACHINES as churches, hospitals, schools, and fra- 4. How extensive are the prohibitions ternal organizations. Generally these against slot machines and pinball ma- fund-raising schemes are let alone by chines? police and prosecuting authorities, as The manufacturers and distributors it is politically unwise to interfere with of slot machines and pinball games them, even though they may be clearly are engaged in a constant battle to cir- illegal under state statutes. In order to cumvent the limitations and remove the taint of illegality from these tions of the gambling statutes. As soon devices, some statutes have specifically as one type machine is condemned excepted activities such as the afore- as a gambling device by the court, an- mentioned, conducted for worthy causes. other is manufactured with minor varia- When not in conflict with state con- tions which are alleged to take it out stitutions, these exceptions will be up- of the category of an instrument for held by the courts. However, the gambling and make it a device for in- courts tend to construe narrowly these nocent amusement. statutory exceptions to the general pro- Each new development in the indus- hibitions of gambling. For example, try has left its trail in the statutes and under the Massachusetts statute per- the court decisions. The trail begins mitting beano for charitable purposes, with the familiar one-armed bandit money was sought for a hospital. How- or slot machine, which was simply a ever, the participants in the beano game device whereby the player gambled his did not include everybody who bought coins against the chance of hitting the a ticket. There was first a preliminary jack pot. These machines have been drawing from the thousands of persons almost universally condemned from an who bought charitable donation sub- early date. The slot-machine makers scriptions. Only those whose names then tried a machine which substituted were drawn could participate in the slugs or tokens for the pay-off in money, beano. This scheme was held not which slugs or tokens could be ex- within the exception in favor of beano changed for merchandise or other valu- where the proceeds were devoted to able consideration. This type of ma- charitable In the case of chine was likewise condemned. Institute v. Children's Hos- The next machine which was devised pital (43 N.M. 1, 84 P (2) 1088), had an indicator which showed in ad- where the statute permitted a lottery vance of the play what the pay-off where "all the proceeds" were expended would be. This device was used in for charitable purposes, a scheme order to eliminate the element of chance whereby only the "net proceeds" went from the play. Nonetheless, these to a crippled children's and machines were also condemned, since not the "gross proceeds," was held to the court took the position that the be illegal. player gambled not so much on the It is obvious that even where gam- immediate return as on the expectation bling activities or lotteries are con- that the indicator would show a profit ducted for worthy purposes, they are on the next play. The next machine likely to be viewed with a jaundiced eye delivered a package of mints when the by the courts. coin was inserted, as well as humorous v. supra. - sayings and an occasional metal token, THE LAW OF GAMBLING which could be used to operate the ma- May he recover the money lost chine further. Numerous judicial deci- from the winner? sions declared this type of machine At common law, money lost at gam- illegal. bling cannot be recovered, and this is When the familiar pinball machines the rule independent of statute. The were first developed, prizes in money or law will not lend its aid to a loser who merchandise were awarded for obtain- attempts to rescind or welsh on a gaming certain scores on the machines. It bling transaction. This is true, how- was contended that the pinball game ever, only where the money lost has was a game of skill and not a game of already been paid over to the winner. chance. The award of a prize for the If the money is still in the hands of the attainment of a specific score could not stakeholder, if the gambling contact therefore be considered gambling. But is still executory, and not completed, the courts have usually paid little at- the loser may money. tention to this contention. They have But suppose, as happens only too normally found that chance predomi- frequently, the loser gambled not his nates in the operation of a pinball ma- own money, but that of someone else? chine. If prizes are awarded for the May the person whose money was lost attainment of a specific score, the ma- recover it from the winner? The an- chine is illegal. swer is in the affirmative, and is illus- pinball machine has been de- trated by the recent case of clared unlawful, even where the prize for the attainment of a specific score Accident & Indemnity Co. v. is merely a free game or an additional where a bank employee first chance to Legislation banning gambled away $2,100 of his own money pinball machines has gone so far that with a bookmaker and then gambled even where the machine is used for the away $18,800 of the bank's money. purpose of amusement and there are no The bookmaker was required to pay prizes or free games; if the machine back the moneys obtained from the is one that "may readily be converted" bank. into a gambling device, it will still be Many states now permit the losers in held to violate the gambling transactions to recover from New York City has prohibited the the winners. In the case of v. use of pinball machines entirely, for it was contended that the it has found that they "are a menace provisions of the New York statute to the public health, safety and general should be limited to casual bettors welfare of the people" and that they and not apply to the habitual customers "encourage and foster gambling among of a bookmaker. In that case, a lawyer adults and children" and breed crime, named Austin had placed bets amount- rackets, and ing to over $200,000 with Erickson, a bookmaker. The latter was sued by the RECOVERY OF LOSSES assignee of Austin for the recovery of S. What is the legal position of a his money. The court held that there person who loses money through gam- is nothing in the statute which prevents the habitual bettor, as distinguished See People v. Gravenhorst 1942, 32 N.Y.S. (2) 760 for an analysis of judicial Hartford Accident & Indemnity Co. v. decisions on slot machines and pinball games. Benevento 133 N.J.L. 44 A (2) 97. See 982 New York Penal Law. Bamman v. Erickson 1942, 288 N. Y. 133, New York City Local Law No. 45, 1948. 41 NE (2) 920. 8 THE ANNALS OF THE AMERICAN ACADEMY from the casual bettor, from recover- do not stand on the same plane. It is ing his losses from the professional not criminal for a man to make a bet, gambler. but it is criminal for the bookmaker to The customers of a bookmaker oc- accept a bet. If the law were to lend its casionally win, even though they more aid to the bookmaker in recovering his often lose. When they sue to recover money, it would sanction a criminal their losses, under a statute which per- act. Accordingly, the court authorized mits them to do so, may the book- a recovery by the customer of his losses maker counterclaim to the extent of his without any offset of his winnings. own losses to the customer? In Watts There are, however, cases which take v. the court refused to per- the view that if the customer is en- mit any such offset. The court pointed titled to recover his equity and out that the professional gambler or book- good conscience require him to return maker and the customer or horse player his winnings to the Watts v. 1933, 262 N. Y. 80, See & Shepherd v. Gill 1892, 92 186 NE 210. 569.

Morris LL.B., is a judge of the Magistrates' Courts of the City of New York, and is a contributor to journals of sociology and criminology. .. Obstacles to Enforcement of Gambling Laws

By VIRGIL W. PETERSON

HE laws prohibiting gambling are certain the basis for general laxity in poorly enforced in most parts of the enforcement of the the Nation. A report on the laws without considering public atti- tration of justice in Cincinnati, Ohio tudes toward numerous other legislative flatly stated, "Several judges refuse to enactments is unrealistic and will re- the gambling laws." Many of sult in erroneous conclusions. In the the defendants found guilty were not second place, the tremendous import- I required to pay either a fine or court ance of gambling as a source of politi- costs, and jail sentences were virtually power has frequently made it possi- j never During one period for the gambling interests to dictate * studied in Chicago, of 5,585 persons local law enforcement policies. on charges of gambling, 5,023 were discharged without any penalty AMERICAN LAWBREAKING TRADITIONS having been assessed against them. It is sometimes erroneously assumed For the few defendants found guilty, that it is only with reference to statutes the average fine was $15.25. There prohibiting gambling and similar activi- were no jail or penitentiary sentences. ties that there is a widespread disre- An employee of one notorious gambling gard for law. History rebuts that establishment was arrested four times premise. Ever since colonial times, the within a short period. Once he was American people have developed a tra- fined $10, and on his fourth court ap- dition of lawbreaking in many areas of pearance the judge assessed a penalty In many places prohibitions of There was a total absence of against were unenforceable, in sincerity on the part of either the police spite of stringent provisions regarding or the judges in attempting to enforce it in numerous state the gambling Similar condi- Just before the turn of the century tions prevail in numerous sections of there were sections of the country in • the country. which homicide was so commonplace Two factors are thought to contribute that it was hardly considered a crime. substantially to prevalent nonenforce- In certain portions of Kentucky, Vir- ment of the gambling laws. In the first ginia, and Tennessee, the authorities place, it has been said that there has were helpless to prevent countless mur- been developed in America a tradition ders resulting from family feuds which of lawbreaking. Any attempt to as- See Arthur M. Paths to Charles 0. Porter, "Defects in the Admin- Present (New York: The Co., istration of Justice in Hamilton County (Cin- 1949), especially p. Dixon Wecter, When cinnati) Ohio," Journal of the American Judi- Johnny Comes Marching Home (Boston: cature Society, Vol. 32 (June 1948), pp. Houghton Co., pp. 76. 22. See Marquis James, The Life Andrew "Racket Court Responsi- Jackson (Garden City, N. Y.: Garden City bility of Police and Judges in Law Enforce- Publishing Co., 1940), p. James Bryce, ment," Criminal Justice (Journal of the The American Commonwealth, 3rd ed. (New Chicago Crime Commission), Number 72 York: The Macmillan Co., Vol. I, pp. (May 194S), pp. 7, 8, 16. 461, 462. 10 THE ANNALS OF THE AMERICAN ACADEMY continued from generation to genera- violation of existing laws and to serve tion. as breeding places for crime, debauch- In some states, notably Missouri, Ar- ery, and kansas, and Texas, robbery was com- Almost all efforts to control liquor in monplace, and the sympathy of the the public interest have met with fail- populace was with the bandits. There ure. So commonplace were the viola- were sections of the West where rail- tions of the liquor laws prior to national ways and roads were infested with prohibition that there was a complete brigands, and the laws prohibiting rob- breakdown of the licensing system. bery were virtually unenforceable. In This breakdown was in large measure 1881 Mr. E. J. Phelps, president of the responsible for the public demand for American Bar Association, stated: "The nation-wide prohibition. The Eight- practical immunity that crime enjoys eenth Amendment, however, was un- in some sections of the country, and enforceable, and following its the delay, difficulty and uncertainty in there was a return in many areas to the enforcing the law almost everywhere is flagrant abuses that gave rise to its a reproach to our In the period following the Civil War the outlaw Jesse James became famous for VIOLATIONS AND BLACK . his daring robberies of banks and rail- MARKET roads. He was regarded as a hero, and following his death, folk tales and The annual loss of life and property novels perpetuated his reputation as a in the United States resulting from vio- modern Robin Hood. lations of the traffic laws presents an alarming In Chicago, almost PROSTITUTION AND LIQUOR 20 per cent of the total personnel of In a commission was appointed the police department is assigned ex- to study conditions of vice in Chicago. The commission reported that the "tol- Scientific studies by the League of Nations and by the famous scientist Abraham Flexner, erance and indifference toward the law who wrote Prostitution in Europe in 1914, by the citizens" had occasioned the de- established the failure of the segregated dis- velopment of a trict. It is probable, however, that the growing political influence of the American woman system of restricted districts under police was more responsible than the scientist for regulation, the result of which has been to abolishing the red-light district in the United nullify the law and render it inoperative. States. See D. W. Brogan, The American As a result of this attitude toward Character (New York: Alfred A. Knopf, the law on the part of the community, the 1944), pp. 48, 49. police department has been in a sense For a brief summary of the efforts to demoralized and has come to exercise a dis- control liquor in the United States, see Virgil cretion which was never intended it should W. Peterson, "Vitalizing Liquor Control," Journal of Criminal Law and Criminology, July-August 1949. See also August Vollmer, City after city in America allowed in- The Police and Modern (Berkeley: University of California Press, p. 100; famous red-light districts to prosper in Lloyd Lewis and Henry Justin Smith, Chi- James Bryce, op. cit. note 4 supra, Vol. cago, The History of Its Reputation (New II, p. Vol. I, p. 339; also Robert York: Harcourt, Brace & Co., 1929), pp. 72, Coates, The Outlaw Years, New York: Raymond B. Fosdick and Albert L. Scott, Macaulay Co., 1930. Toward Liquor Control (New York: Harper The Social Evil in Chicago & Brothers, 1933), p. 39. Gunthorp-Warren Printing Co., 1911), p. George Warren, Traffic Courts (Boston: 144. Little, Brown & Co., 1942), pp. 3, 6, 7. OBSTACLES TO ENFORCEMENT or GAMBLING LAWS clusively to the enforcement of the traf- Professor Charles Edward Merriam fic laws. Yet in many places such laws has referred to the double standard of are poorly enforced. A survey in Cin- morality in dealing with prostitution, cinnati, Ohio indicated that nearly half gambling, taxes, liquor, and similar of all persons found guilty in traffic matters. "In the abstract," says Pro- courts were released without penalty of fessor Merriam, "every city is against any kind. Even the court costs of gambling, and would vote strongly $2.00 were not assessed against against the repeal of existing statutes There is widespread evasion of traffic forbidding it; but in the concrete, the laws almost everywhere, and in many citizens are not deeply interested in places enforcement programs have been strict enforcement of the laws against permeated with corruption. And much games of chance." He also observed of the corruption is initiated by the so- that it was evident that the "practical called good citizen when he opposition" to prostitution "was not as is caught, he offers a bribe to the arrest- strong as the theoretical." ing officer. Some observers have contended that During World War II, "the govern- our moralistic attitude toward law ac- ment found over 1,000,000 violations counts for widespread disrespect for and imposed serious penalties upon statutes prohibiting gambling. Laws more than 200,000 businessmen" for become disputable on moral grounds, engaging in black market and when a particular practice does This wirespread evasion of regulations not violate the individual's concept of took place at a time when the entire morality, he feels free to violate the populace was solidly behind all-out ef- It is indicated that this attitude forts to prosecute a war involving the strengthens the rule of law when a stat- Nation's very existence. Yet the typi- ute prohibits conduct which is gen- cal citizen took it upon himself to de- erally regarded as immoral, and breeds cide which regulations he was justified disrespect when the act forbidden is in evading. not considered a violation of the moral code. Murder is universally regarded MORALISTIC ATTITUDE TOWARD LAW as immoral. Yet America's murder rate is unusually In America, pros- Large segments of the population be- titution is morally condemned by al- lieve the existing laws are necessary and most but there has desirable, but too many citizens con- existed a total public indifference to- sider it their individual right to disregard those laws. When the citizen Charles Edward Merriam, Chicago, A More Intimate View of Urban Politics (New heartily endorses a program of strict The Macmillan Co., 1929), pp. 55, 56. traffic enforcement, he is usually think- Gunnar Myrdal, An American Dilemma ing of violations committed by others. (New York: Harper & Brothers, 1944), pp. 15, 16. Charles O. Porter, "Defects in the Ad- In 1948 there were 326 murders in Chi- ministration of Justice in Hamilton County cago and 315 in New York City, while in (Cincinnati) Ohio," Journal of the American London there were only 39 murders and 21 Judicature Society, Vol. 32 (June 1948), pp. of manslaughter. See Crime Federal Bureau of Investigation, Marshall B. Clinard, "Secondary Com- Washington, D. C., Annual Bulletin, Vol. XIX, munity Influences and Juvenile Delinquency," No. 2, 1948, pp. 97, 100; and Report of the Annals of The American Academy of Commissioner of Police of the Metropolis for Political and Social Science, Vol. 261, Jan. the Year 1948 (London: His Majesty's Sta- 1949, p. 51. tionery p. 37. 12 THE ANNALS OF THE AMERICAN ACADEMY ward the enforcement of laws prohibit- ity. Local public sentiment, however, ing commercialized vice. frequently has been with the lynch murderer. TOLERANCE RATIONALIZED The public reaction to gang killings is generally one of total indifference. The obedience to or evasion of a The average citizen reasons that for law does not depend primarily on its one hoodlum to kill another is actually moral support. Self-interest, personal a public benefit. Yet gang murders oc- convenience, and expediency are the cur only when criminals, through the principal motivating factors in wide- operation of illegal enterprises, have be- spread law evasion and in the public come strongly organized and sufficiently attitude toward law enforcement. When powerful to wage private warfare against commercialized vice flourishes, the aver- rivals. Gang murders signify a break- ' age citizen explains his tolerance of a down of practice which he would normally con- When the murderer and his victim demn as immoral, by remarking that are both members of the same racial the oldest profession cannot be ef- minority group, the general public is fectively suppressed. Furthermore, he little concerned with repeated breaches may reason, a wide-open town is good of the sixth commandment. Judges for business conventions and playboy and other law enforcement officers re- tourists are attracted. Through the flect the same attitude. In Chicago's toleration of commercialized prostitu- South Side, where crimes of violence are tion, the virtue of the decent woman commonplace, a Negro citizen com- is somehow made safe. To throw the plained, "Officials don't worry as long professional prostitute out of work as we are killing each other." It is would create an economic hardship on only when members of the dominant .'.• the community, and in addition, he racial group are being slain that the explains, it is impossible to legislate general public begins clamoring for a morality. rigid enforcement of the murder laws. Similar rationalization figures promi- nently in America's high murder rate. LAWS INTENDED FOR SOCIAL In attempting to analyze the individual PROTECTION murderer, a well-known psychiatrist has observed that "in the interplay of men- The demand for efficient law enforce- tal forces the rationalization is as im- ment is seldom felt by officials until portant as the And the large numbers of people begin fearing -'. murderer's rationalization frequently for their own personal security. While stems from the social attitudes prevail- many of us refrain from personally ing in his community. Lynch murders committing acts which offend the moral are particularly vicious. Committed code, whether the public demands that with design and premeditation, they a particular law be properly enforced are totally unsupportable on moral R. M. The Web of Government grounds, and they reflect a dangerous (New York: The Co., 1947), - breakdown of duly constituted author- p. 368. Professor Maclver states: "Where armed violence occurs on a small scale, as Frederic Wertham, The Show of Violence between rival gangsters, it is because of failure (Garden City, N. Y., Doubleday & Co., 1949), or remissness on the part of the state." p. 251. Rationalization is by Dr. W. Peterson, "Crime Conditions Wertham "as the building of a worthy motive in Fifth Police District," Criminal Justice, for an unworthy desire." No. 73 (May 1946), p. 21. . . - OBSTACLES TO ENFORCEMENT OF GAMBLING LAWS 13 rests almost entirely on considerations added to the problem of enforcement other than those affecting morals. in two important respects. In the first Most laws governing modern society place, the insistence of some religious were never intended to regulate private groups that the act of gambling in it- morals. Their principal objective was self is immoral is resented by those social protection. Present-day condi- holding a contrary view. This resent- tions have inevitably resulted in the ment has given rise in part to the er- enactment of hundreds of laws and roneous assumption that the antigam- regulations unheard of before the turn laws resulted from a Puritanical of the century. With the development influence that attempted to impose its of modern transportation, for example, moral code on others. In the second it became necessary to enact a mass of place, the evasion of the law is justified laws to control traffic. But laws regu- by many on the ground that gambling lating traffic, health, sanitation, wages, is not immoral. Many character-build- child labor, commerce, and many others, ing groups, including neighborhood and have no direct relationship with morals, boys' clubs, patriotic organizations that though they are necessary to our public specialize in developing good citizen- safety and welfare. ship, and churches, resort to illegal This applies also to laws prohibiting gambling enterprises to raise money. gambling. Their principal objective is They justify the law violation on the social protection. ground that gambling is not r type of rationalization which will per- RATIONALIZATION OF GAMBLING mit an evasion of most laws. Too frequently discussions of the The real motive, however, for dis- enforcibility of gambling statutes have regarding the gambling statutes is "easy been confined to moral issues. Whether money." A well-known columunist, gambling in itself is morally permissible Herb recently wrote: "Churches or immoral becomes the principal point and charitable organizations run illegal of contention. Perhaps such considera- gambling because that's the sure way of tions are inevitable, since wide-open getting money for holy causes from professional gambling has usually flour- people who otherwise wouldn't con- ished to the greatest extent in an attribute if the Almighty pushed a at mosphere of easy morals. Underworld them." But as to other law violators, history reveals that there has always observed, the attitude is usually been a close working relationship be- expressed somewhat as "Those tween the vice lords and the gambling ought to be run out of kings. Often the control of both prosti- the country. They've got no respect tution and gambling in a municipality for American laws." has been -vested in the same individuals. Ironically, many gambling ventures But any effort to determine the desir- for worthy causes are actually operated ability or undesirability of the gambling on a concession granted to racketeering laws on the basis of whether gambling elements. And there have been many in itself is moral or immoral serves no honest police executives who have had more useful purpose than to attempt their law enforcement programs sabo- an appraisal of the traffic laws by es- taged by the insistence of character- tablishing the moral aspects of driving building groups that illegal gambling through a stop sign. operations be permitted for their worthy The emphasis frequently placed on Herb Graffis, Chicago Sun-Times, Oct. the moral aspects of gambling has 18, 1949. 14 THE ANNALS OF THE AMERICAN ACADEMY causes. Not infrequently these organi- of an Capone. In either case, he is zations have resorted to improper meth- usually motivated principally by his ods of pressure on law enforcement desire to obtain "easy money." officers, identical with those employed by the criminal element. And these LEGALIZATION, MASS GAMBLING, illegal activities, together with improper PROHIBITORY LAWS pressures, are all justified on the ground The common assertion that America's that gambling is not immoral per se, antigambling laws stem from the early since the money raised through the law influence of Puritanism is without his- violation is for a worthy torical foundation. Mass gambling has some instances to help others become always resulted in great social and eco- good, law-abiding citizens. nomic ills; and almost every civilized Taking the cue from character-build- nation in the world has time ing organizations which evade the law, time found it necessary to resort to re- professional racketeers often engage in pressive legislation in an effort to pro- large-scale gambling enterprises which tect its citizens. Egyptians, Greeks, are identified with a real or fictitious Romans, and Hindus of ancient times charity. Recently in Chicago a large invoked laws with severe penalties commercial bingo game was conducted against gaming. The rabbis of the by city employees, some of whom had Second Temple classed gambling as a long been associated with professional form of robbery and barred gamblers gambling. The alderman of the district from the witness admitted having given the venture his Since ancient times, laws blessing. The promoters and the alder- to gambling have followed a rather man explained that plans were being similar pattern in many nations. The made to start a boys' club which would evils of mass gambling have led to benefit from the proceeds of the bingo prohibitory legislation, which in turn game. Commenting on the project has frequently been poorly enforced. editorially, a local newspaper realisti- never ending quest for new sources cally observed that "promoters and of revenue, plus the difficulty of en- racketeers search for philanthropies forcing the antigambling laws, often which will lend the respectability of prompted their repeal and the enact- their name in return for a portion, often ment of statutes which licensed games trifling, of the of chance with the state sharing in A charity fagade has long been uti- the profits. Legalization schemes have lized in connection with large-scale in turn increased mass gambling to the gambling enterprises, many times con- extent that the nation has found it nec- ducted by notorious racketeers. And essary again to enact prohibitory laws. when this subterfuge is not employed, On some occasions efforts have been the gambler rationalizes that morally made to restrict legalized gambling to his business is no different from the tourists, and the laws have prohibited enterprise operated by a charitable in- local residents from entering the gaming stitution. The patron, in turn, rationalizes that morally there is little distinction between his patronage of a Francis Emmett Williams, "A P-M Vic- gambling venture operated in part for tory in Michigan," The Lawyer and Law charity or one conducted for the welfare Notes, Fall issue, 1946, p. 6. John Philip Quinn, Fools of Fortune "Bingo Pays Chicago (Chicago: G. & Co., 1890), pp. 100, Daily News, Dec. 16, 1949. 101. OBSTACLES TO OF GAMBLING LAWS 15

By 1882, the laws of virtually every public welfare, and serious-minded citi- state in Europe prohibited zens everywhere began agitating for For many decades, legalized gambling their abolishment. As William Christie has been a huge industry in South MacLeod has observed: America. On April 30, 1946, the Presi- . . . the great mass of worthy citizens of dent of Brazil found it necessary to sup- New York and Massachusetts and Penn- press most forms of gambling on the sylvania a century ago were opposed to ground that it had become a "social public lotteries, not on abstract ethical grounds, but on the ground that they had become a serious social evil. . . . The Lotteries in early American history campaigners against lotteries were primarily businessmen and professional men It was during the early period in who saw around them everywhere the our national life, when the Puritan in- growing menace of the public lottery of Si the fluence was the strongest, that the United States had its longest experi- When most states outlawed lotteries ence with legalized gambling. Lotteries in the early the evils were fresh had been commonplace during colonial in the public mind. And in addition to times. After the Revolutionary War enacting laws declaring lotteries illegal, the various states were badly need many states inserted provisions in their of revenue. But "taxes the people constitutions which were designed to would not bear," wrote the historian prevent future legislatures from ever John Bach McMaster. Hence, again resorting to the folly of raising teries were authorized to raise money revenue through legalized gambling. for bridges, school buildings, churches, Following the Civil War, when the colleges, and public works of all kinds. Southern States were poverty stricken, The Pennsylvania Mercury reported some turned to legalized lotteries as a on August 24, 1790, that "the lottery means of raising revenue. Louisiana, in mania appears to rage with uncommon particular, engaged in large-scale lot- violence." Lotteries were flourishing in tery operations. The Louisiana lottery every part of the United Un- came into existence in 1868 under the scrupulous promoters incited the "get regime of Governor Henry Clay War- rich mania" among the people through moth, a typical Reconstruction period high-pressure tactics. Lottery frauds official. Warmoth, a native of Illinois, became scandalous. Legislatures were had an unsavory earlier history which bribed. The poor people in particular included a dismissal from the Army by suffered. Money needed for the bare General Ulysses S. Grant and an indict- necessities of life was poured into the ment in Texas for the embezzlement of state-authorized lotteries in the false government cotton. For over twenty hope of obtaining easy riches. Illegal years the lottery ruled the state of private lotteries sprang up everywhere. Louisiana. Governors, United States The lotteries became a menace to the Senators, and judges were completely Pierre Monte Carlo Casino under the domination of this vast gam- (New York: Inc., 1937), p. 122. bling enterprise. United Press dispatch dated at Rio de During the first six years of its ex- Janeiro, May 1, 1946. John Bach McMaster, A History of the William Christie MacLeod, "The Truth People of the States (New York: About Lotteries in American History," The D. and Co., Vol. I, pp. South Atlantic April 1936, pp. 201- S88. 11. i! 16 THE ANNALS OF THE AMERICAN ACADEMY istence, Louisiana lottery spent over nomic expediency in lieu of more de- $300,000 in bribes of legislators and sirable ways of making a living." state The poor squandered their money on tickets. The lottery LEGALIZATION LEADS TO ABUSES company steadily grew in opulence, and Various attempts at liberalizing the the abuse of its tremendous political antigambling statutes by permitting power became intolerable. In an elec- only certain types of games have usu- tion for the governorship of Louisiana ally resulted in many abuses, and the in 1892, the sole issue of the campaign law enforcement problems have in- was the lottery. The people voted it creased tremendously. In recent years out of existence. the Montana legislature enacted laws permitting slot machines in private An established pattern clubs. Punchboards were also legalized, To attribute America's laws prohibit- with the state receiving 3 per cent of ing lotteries to the influence of Puri- the value of each board. In the latter tanism which considered gambling a part of 1947, Governor Samuel C. Ford "sin" is to ignore historical facts. State- publicly deplored the gambling condi- authorized lotteries generated mass tions in the state. He stated that his gambling resulting in social, economic, "two outstanding mistakes were and political evils which caused the I signed the slot machine law and people to enact prohibitory legislation. the punchboard law." Governor Ford England had a similar experience. In said that he would recommend and in- 1808, a committee of the House of sist "that both laws be Commons reported that By 1949, there were over six hundred the foundation of the lottery system is so so-called private clubs in Montana, radically vicious, that your Committee many of which were merely "fronts" feels convinced that under no system of for slot-machine interests. regulations, which can be devised, will it In 1947, the Idaho legislature passed be possible for Parliament to adopt it as a law that municipalities to an efficacious source of revenue, and at the license slot machines on a local option same time, divest it of all the evils which it basis. Many communities took advan- has, hitherto, proved so baneful a tage of the law for the purpose of rais- Various experiments with other forms ing revenue. Because of the abuses of legalized gambling in the United which arose, several cities canceled all States have usually resulted in mass slot-machine licenses in 1949. Gover- gambling with attending social and eco- nor C. A. Robins of Idaho asked the nomic evils to the extent that the li- 1949 legislature to repeal the law in its censing laws have soon been repealed. It is only in the state of Nevada that Experiments with the legalization of gambling in general is legalized in the games of chance for the sole benefit of United States today. And Nevada's charitable organizations have at times liberal divorce and gambling laws resulted in serious abuses. Several condoned by many as a matter of eco- 28 Thomas C. Rocky Moun- tain Politics (Albuquerque: University of Marquis James, They Had Their Hour New Mexico Press, 1940), p. 99. (Cleveland: World Publishing Co., 1942), Denver Post, Nov. 23, 1947. pp. 272, 273. State of California, Second Progress Re- John Ashton, The History of Gambling port of the Special Crime Study Commis- in England (London: Duckworth and Co., sion on Organized Crime, Sacramento, March 1899), p. 238. 7, 1949, p. 66. OBSTACLES TO or GAMBLING LAWS 17 years ago in Massachusetts, gambling The pari-mutuel system of race-track czars established a mass of dummy betting theoretically affords the cus- charities to comply with the law, and tomer gambling that is honest. When engaged in large-scale commercial gam- wagering is confined to the race track, bling activities. In several instances, state control and supervision are pos- the churches which were the alleged sible to a greater extent than in any beneficiaries received only a few dollars other form of gambling. Yet the his- or nothing at all, while the professional tory of race-track gambling contains gamblers were fattening on the pro- many sordid chapters involving fraud ceeds. Wholesale license revocations on the part of horse owners, trainers, were necessary when the gambling craze and jockeys. Many underworld char- got completely out of acters have been identified directly or The fact that a person may attend a indirectly with racing. And the prob- race track in many states and be per- lem of enforcement of the gambling mitted legally to wager has added to laws in general has been increased the problems of enforcing the anti- tremendously through the legal sanction gambling statutes in general. Pool- of race-track wagering in several states. rooms and handbooks have always been Police officers, public officials, and the source of many social and economic many citizens chant a similar refrain in evils, particularly among the lower in- justification of a policy of tolerating come groups. Proponents for legisla- illegal handbooks or in support of pro- tion that would permit posals to legalize them. They say that wagering at the race tracks contended since those who can afford to do so are that their plan would eliminate the permitted to wager legally at a race handbook. A witness before a Senate track, the poor man should be pro- committee in Washington in 1936 testi- vided with equal opportunities to gam- fied: "Whenever you find legalized rac- ble in a handbook. Unfortunately in ing you find few bookies . the bookies the matter of indulgence in luxuries of close up shop rather than compete with a material nature, the poor man can the organized forces of the law. It's never enjoy equal opportunities with history that legalized racing runs the the wealthy. And the sole objective of bookies out of business." any intelligent legislation dealing with Such contentions were contrary to gambling and kindred matters should historical experience, which has estab- be social control in the interest of published that the legalization of any form lic welfare. of gambling greatly increases its illegitimate offspring. Today it is well rec- GAMBLING Is EXPLOITATION ognized that has increased The distress caused by commercial- enormously since the pari-mutuel ma- ized gambling has always fallen with chines were legalized in twenty-three greatest weight on families with low states, although the conviction was that incomes. Gambling is merely a method it would be uprooted." whereby wealth is redistributed from "Beano and Bingo: Other 'O' Games Un- the possession of the many into the der Inquiry as Craze Becomes a Menace," hands of the few. The business of gam- Literary Digest, Aug. 29, 1936. bling is entirely parasitic, and exists John Richard O'Hare, The for the sole purpose of exploiting a Aspects of Horse Racing (Washington: human weakness. The gambling-house Catholic University of America Press, 194S), pp. 80, 81. patron as a class necessarily loses finan- p. 22. cially. The argument that handbook 18 THE ANNALS OF THE AMERICAN ACADEMY operators or other gambling-house pro- vertise their location. Over the radio, prietors should receive official sanction in the newspapers, and on huge bill- to exploit those who can least afford to boards, people are urged to gamble. lose runs counter to all concepts of en- The "get something for nothing" ap- lightened social legislation. In fact, peal naturally is most alluring to the much of our modern legislation is de- poor, to those who can least afford to signed to prevent exploitation on the part contribute to the gambling fraternity. of legitimate businessmen who perform History has recorded that in America a genuine service to the community. legalization has almost always resulted Some of the stanchest supporters of in mass these laws change their viewpoint with reference to the dubious business of SOCIAL PRIVATE gambling. Under the guise of liberal- MORALS ism they adopt the position that the The antigambling laws in the United state should legalize its exploitation. States are not intended to regulate the private morals or of indi- GAMBLING REVENUE AND POLITICAL viduals. For example, "most antigambling statutes do not In justification of such proposals, it to play or bet at cards at a private is usually contended that the state house or residence, from which the pub- would benefit in the form of increased lic is excluded. . . In some jurisdic- revenue, and gambling would be placed tions, casual betting or gaming is not pro- • under control. All legalized gambling hibited.36 But most laws do prohibit schemes are primarily revenue meas- the business of gambling which exists ures ; and legalized gambling as a means solely to exploit a human weakness and of obtaining revenue is incompatible causes economic and social distress on with control. Since revenue is the prin- entire families of many who patronize • cipal end, it becomes expedient to issue professional gambling houses. more and more licenses in order to ob- Likewise, the laws that make tain more and more revenue. bling contracts unenforceable and gam- Under our system of government the bling debts uncollectible are intended administration of the licensing laws to afford social protection rather than inevitably falls into the hands of the to regulate private morals. It has fre- dominant political party of a locality. quently been contended that if a man Obviously, a political regime, including wants to make a fool of himself by police, prosecutors, and courts, that has patronizing a gambling house, the law been impotent in the enforcement of the should not help him evade financial substantive laws prohibiting gambling, obligations arising from his folly. does not suddenly become efficient and The gambling-house proprietor relies honest with the mere enactment of laws on a mathematical percentage which which license gambling establishments. assures him of financial The The issuance of licenses and the en- patron, on the other hand, defies the forcement of the license laws would be Virgil W. Peterson, based on political considerations with It Be Legalized?" Journal of Criminal Law virtually unlimited opportunities for and Criminology, Vol. 40, No. 3 (Sept.- corruption. Given a legal status, gam- Oct. 1949), pp. 2S9-329. bling houses become located on main American Jurisprudence (Rochester: Law- yers Cooperative Publishing Co.), Vol. 24, business streets and vie with competing p. 419. places for patronage. Bright signs ad- Vol. 24, p. 407. OBSTACLES TO OF GAMBLING LAWS 19 laws of mathematics and logic. Gov- in the nonenforcement of the anti- erned by his emotions, in which super- gambling laws. In many well-governed stition frequently plays a strong part, municipalities, the antigambling laws he contributes to the gambling estab- are well enforced. The business of lishment. Often this emotional appeal gambling can be largely forced out of becomes so overpowering that he gam- existence everywhere if the police so de- bles away his entire wealth as well as sire "and if they are permitted by his earnings for some time to come. higher authorities to do so." A com- The principal sufferers in such cases mercial gambling establishment virtu- are members of his family who are ally never starts operating without the wholly dependent upon him for sup- permission of responsible officials. Wide- port. open gambling never flourishes unless To permit the inherently illegitimate it has the sanction of the duly con- gambling business to invoke the courts stituted authorities. of justice or enforce hardships on chil- Alliances between those in control of dren and other dependents, or to make commercialized gambling and profes- the community support them while sional politicians on a ward, city, or gambling debts are being paid, would state level are almost expectable prod- be a reactionary move of the most ucts of the American political system. vicious nature. Men of unusual ability and high integ- Likewise, the history of gaming rity are not easily attracted to political clearly reflects that dishonesty and life. They are able to utilize their tal- fraud have always been integral parts ents to a greater personal financial of the gambling A well-known advantage in private business or in mathematician, who has made a sci- their professions. The salaries offered entific study of gambling for many to those holding most city, state, or years, has properly concluded that Federal positions do not compare fa- "gambling has always been and always vorably with those in business or the will be a crooked business." professions. Men seeking honor, prestige, and distinction seldom look to POLITICAL SIGNIFICANCE OF GAMBLING politics to achieve those objectives. BUSINESS But political life does afford excellent The desire to obtain "something for opportunities for exploitation by those nothing" is present in most people. It who are not troubled by a high sense constitutes a strong urge in many, and of integrity and public duty. Conse- an all-consuming passion in others. quently, the ruling political classes in Customers for various professional gam- too many localities are comprised bling schemes are always available in largely of opportunists. In order to re- sufficiently large numbers to make the main in power they must maintain an enforcement of the stat- efficient political organization, requiring utes difficult. In addition, the tradi- continuous financial support and nu- tion of lawbreaking which has become a merous workers. The highly lucrative part of the American character adds gambling business is willing to make immensely to the problem. But gam- regular financial payments to political bling as a source of political power leaders who are in a position to give perhaps plays the most important role them needed protection. The alliance Ernest E. Blanche, You Can't Win Edwin H. Sutherland, Principles of (Washington: Public Affairs Press, 1949), Criminology B. Lippincott p. 11. Co., 1934), p. 20 THE ANNALS OF THE AMERICAN ACADEMY

between political opportunists and the dominant political machines were gam- underworld leaders who control gambling-house proprietors. Several were bling is one of mutual advantage. As in partnership with members of the a result of such alliances, the law vio- notorious Capone gang. Some political lators gain substantial control over the leaders who have won national atten- law enforcers and dictate many of the tion for consistently amassing huge law enforcement policies of the com- pluralities in elections owe much of munity. their political success to the financial In many places large campaign con- aid of workers furnished by their un- tributions have been made by gamblers derworld allies in control of gambling. toward the election of a mayor, with Whenever such conditions exist, it is the understanding that they would be only natutral that considerable political permitted to name the head of the power is vested in the gambling bosses. police department. The Wickersham The political rulers must give consid- Commission in 1931 reported that eration to their wishes when selecting through alliances between politicians slates of candidates for many and the criminal element the profes- particularly those affecting the adminis- sional gamblers had gained control of tration of justice or law the police department, in Los Angeles, The lenient attitude prevailing in many San Francisco, Detroit, and Kansas courts toward gambling offenders is These conditions are not uneasily explainable in certain localities. usual. They have been commonplace The tremendous political influence in American municipal history. professional gamblers would make it in- expedient for judges to arouse their ill Control of elections and appointments will. In one important county, the gambling interests were so powerful po- The political importance of the gam- litically that during a period of thirty bling business is not limited to its finan- years no candidate for sheriff cial support to ward organizations. It elected who pledged a policy of is imperative to the gamblers that a forcing the gambling laws. The un- friendly administration meets with suc- limited financial resources and election cess at the polls. Active election workers available to the gamblers made workers are furnished in substantial it political suicide to oppose them. At numbers. And these individuals have a various times in many of our largest selfish interest in the success of their cities, gambling kings have also ruled candidates. For many years in Chi- over the political machinery and ex- cago, numerous precinct captains of the erted tremendous influence over the police, the prosecutors, and the courts. National Commission on Law Observance Under such circumstances the non- and Enforcement, Report on Police, No. 14 (Washington: Government Printing Office, enforcement of the gambling laws is no 1931), p. mystery.

Virgil W. Peterson, Chicago, Illinois, is operating director of the Chicago Crime Com- mission, and is on the editorial board of the Journal of Criminal Law and Criminology. He was a member of the Federal Bureau of Investigation from 1930 to 1942 and was in charge of the Bureau's offices in Milwaukee, St. Louis, and Boston. The Facilitation of Gambling

By PAUL S.

DISTINCTION should be drawn unlawful to embezzle, steal, or unlaw- between friendly wagers on a fully take by. fraudulent device, scheme game or contest and the point at or game from a passenger traveling via the professional racketeer crashes in for railroad, car, bus, vehicle, vessel or air- his "cut." It is the latter with which craft operated by any common carrier this discussion is concerned, rather than and moving in interstate or foreign the former. commerce any money, baggage or goods. Gangsters and racketeers have seized 2. Title 18, United States Code, Sec- and organized gambling in the United tion 1082, covers the operation of gam- States, with stakes running into an bling ships. Briefly, this act prohibits estimated fifteen billion dollars an- the setting up, operating, owing, or nually, and have made it such a menace holding any interest in a gambling ship to good government and society that or a gambling establishment on any a concerted drive is being made to halt ship, provided the ship is on the high the debauchery and corruption that are seas, is an American vessel, or other- disconcertingly evident. We are here wise under or within the jurisdiction of concerned with the phenomenon by the United States and not within the which that corruption has been facili- jurisdiction of one of the several states. tated. 3. Title 18, United States Code, Sec- The extent to which this debauchery tion 1301, known as "Interstate Trans- has spread over the United States is portation of Lottery Tickets," makes it almost unbelievable to the average per- a Federal to transport via ex- son. Investigations reveal appalling press, common carrier or otherwise in conditions caused by the gambler, rack- interstate commerce any paper, certifi- eteer, and gangster who is enabled to cate or instrument purporting to be or carry on his crime with the money he to represent a ticket, chance, share or "takes" from innocent bettors. interest in or dependent upon the event of a lottery, gift, enterprise or INADEQUATE FEDERAL LAWS similar scheme, offering prizes depend- At present the Federal Government ent in whole or in part upon lot or is handicapped, because of limited chance. It is also illegal to transport laws, in attempting to prevent or prose- any advertisement of or list of prizes cute gambling. For the most part, laws drawn or awarded for any such lottery designed to curb gambling are within in interstate commerce. A receiving the jurisdiction of the states as a mat- clause is included. Penalty is $10,000 ter of states' rights. Except for the fine or imprisonment not more than prosecution of tax evasion by gamblers, two years, or both. about the only statutes under which the Federal Bureau of Investigation STRONGER LAWS ASKED FOR can operate are the following: Many state laws are surprisingly lib- 1. Title 18, United States Code, Sec- eral in permitting gambling, and since tion known as the "Theft From the gambling racket is an interstate Interstate Shipment Statute," makes it problem, stricter Federal regulations 21 22 THE ANNALS OF THE AMERICAN ACADEMY are thought to be necessary; and such organized crime movement. The commit- legislation has been asked for by United tee would also be directed to investigate States Senator Estes Kefauver of Ten- the jurisdiction of the Federal Govern- nessee. His reasons follow: , ment over the activities of any criminal syndicate, and make recommendations- for Responsible and nationally known re- any necessary legislation. porters and magazine writers have for the past several years been writing of a na- The need for further Federal author- tional crime syndicate which they allege ity in this matter has been voiced by is slowly but surely through corruption many students of law and social well- gaining control of, or improper influence being. in, many cities throughout the United States. WATCHING THE MAILS On September 14, 1949, Mayor de- However, the postal authorities are Lesseps S. Morrison, as president of the constantly watching the mails for pos- American Municipal and speaking for that association, asked the sible violation of the antilottery laws, Federal Government to investigate the forbiding transportation by mail of any encroachment by organized national rack- lottery ticket, advertisement, list of eteers on municipal governments through- prizes, or phase of lottery. out the United States with the intent to When the normal volume of mail in- control their law-enforcement agencies. creases substantially just prior to the The Chicago and California crime com- Irish Sweepstakes and in it are many missions in 1949 reported the insidious in- letters of the same size and shape, indi- fluence wielded by this crime syndicate cating mailing by the same through corruption of public officials and its political and financial control. the mail is carefully scanned to dis- The mayors of several large cities, such cover the senders. The mail is stamped I as . . . Los Angeles, New Orleans, and "believed to contain lottery matter," Portland, and many others, have com- and the addressee is summoned to the plained in the past year of attempts being post office to open the letter in the pres- made by national crime syndicates to con- ence of the postal authorities. it trol and corrupt the local political affairs contains tickets, advertisements, or of their respective cities, and that they do other matter to a lottery, it not have adequate means to cope with is disposed of according to law. this well-organized and powerful criminal Nor are gambling interests content organization, and have asked the Federal Government for assistance in coping with with the normal "take." They also per- this alleged criminal aggression. vert the practice by dealing in counter- There appears to be no adequate Fed- feit. Tennyson Jefferson, inspector in eral statute which can be invoked against charge of the Post Office Inspectors the activities of this organized syndicate. for New England, a few years ago con- The resolution that I have filed would ducted an extensive campaign against authorize and direct the Committee on the fake lottery tickets, resulting in the Judiciary of the Senate to make investi- confiscation of thousands of spurious gation to determine whether there is an tickets for sweepstakes and other lot- organized syndicate operating in interstate teries. A huge number of chance books commerce which is menacing the inde- for the Irish Sweepstakes, for instance, pendence of free municipal governments, for the benefit of the criminal activities of were found to have been published in the syndicate, and determine and report to Montreal, imitating the genuine books. the Senate their findings on whether the Sale of these tickets gave the printer of states and municipalities can, without Fed- the books the entire profit, rather than eral assistance, adequately cope with this merely a commission. THE FACILITATION OF GAMBLING 23

Alertness of the FBI, even with tion, and general disorder and lawless- limited laws, has resulted in the tempo- ness that have followed legalization of rary • smashing of a number of gam- gambling are graphically illustrated in bling rings. On one occasion 78,000 the history of Louisiana, where the Irish Sweepstakes books of tickets Louisiana Lottery Company once flour- valued at $1,800,000 were seized on an ished. The New Orleans gamblers airplane landing here. brought about unendurable conditions that aroused the citizens. As a result, WITH LEGALIZATION some gamblers migrated to Vicksburg, where they created such conditions that The history of gambling in the United the citizens revolted, raided the gam- States proves that its legalization has bling dens, broke their equipment, invariably increased gambling with all tarred and feathered the gamblers, and its attendant criminal evils. Of course, drove them out of town, thus demon- legalization means acceptance of a strating that the gambler can be sup- practice, putting an official O.K. or "go pressed if the citizens so desire. ahead" sign on it. While the intention Nevada, which has less restriction ostensibly is to regulate gambling, and probably more gambling than any nevertheless it opens the door to abuses, other state in the Union, has experi- as experience has proved in Nevada and enced an influx of gamblers, racketeers, every other place where such procedure and gangsters. has been tried. There are those who argue that with legalization such prac- PROPOSAL TO LEGALIZE GAMBLING IN tices can be held in check; but experi- NEW YORK ence shows that thus standards of morality have been lowered and the de- To some degree nearly every state vices for abuse have been legalized. legalizes gambling, and thus the door is This is due in large measure to the open. And now in New York, Massa- fact that the penalties are inadequate. chusetts, and some other places efforts Instead of a retrogressive step, it would are made to open it wider, which is seem far more logical and effective to precisely what happens when the first set a higher standard, making gambling step toward legalization is taken. nationally unlawful and then increas- Mayor William O'Dwyer of New ing the penalties for violations to an York City has made two moves. First effective point. he announced a city-wide crackdown Some states have legalized pari- on bookmaking and other forms of gam- mutuel betting on horse races, beano, bling, with fifty-one top police officials and lotteries conducted for charitable shifted. This was said to be in antici- benefits. A small bet on a horse race pation of the Attorney General's move may seem harmless to some, but small to drive out gamblers. The second and large bets together produce some statement made by the Mayor was that fifteen billion dollars in rackets oper- he would not favor wide-open gam- ated by professionals who control the bling, but gambling controlled by the industry and are uncontrolled by public state. Even in the face of a long list officials. The most effective time to of contrary experiences, the Mayor stop a fire is at the start. If you can- claimed that the criminal element could not control a small one, how can you not possibly endure in gambling, be- control a conflagration? cause of supervision by the state's li- The crime, misery, suffering, corrup- censing agency. 24 THE ANNALS OF THE AMERICAN ACADEMY

Those who believe that the only way because enforcement is expensive the re- to combat gambling is not to let it get sult will be tragic. even a toe hold through legalization, Mayor O'Dwyer's proposal brought point out that when Fiorello LaGuardia strong oposition from Governor Thomas was Mayor of New York in 1934-35 E. Dewey, who, in a special message to he drove out the gamblers, racketeers, the legislature, assailed the plan as and gangsters to an encouraging degree. "shocking, indecent, and immoral" and Reactions to proposal one that would produce nothing but poverty, crime, corruption, demoraliza- The minute Mayor O'Dwyer issued tion of ethical and moral standards, his statement, the Federal Council of lower living standards, and misery. the Churches of Christ in America re- While not all newspapers agreed acted to fight the proposal for state- editorially in condemning the Mayor's controlled gambling, advocated as a plan for legalizing gambling, the New source of added revenue. Of course it York Times of January 1950 ran an is a source of added revenue, but what editorial headed "A Way to Spread is the cost? The council said it still Gambling," which gives everyone cause stood on its gambling statement made to pause and ponder. The Times took in 1935: a strong stand. After taking cognizance The Federal Council of Churches re- of the weakness of human nature in affirms its vigorous opposition to gambling wanting to bet, it continued with these which we regard as an insidious menace to three statements, which strongly sup- personal character and morality. By en- port the theory that it is better to con- couraging the idea of getting something centrate efforts on stopping gambling for nothing, of getting a financial return before it starts. without rendering any service, gambling tends to undermine the basic ideals of pub- Nevertheless once the principle of legal lic welfare. gambling on the street corner is endorsed " there is no stopping place. . . . That Dr. Robert W. Searle, executive secre- there would be a great deal more gambling tary of the Human Relations Commis- than now cannot, we believe, be denied. sion of the Protestant Council of the . . . We cannot enderse a solution that City of New York, does not think the would, in the end, only mean more misery for people who already have hardships legislature will respond to the Mayor's enough. suggestion. He said: ATTITUDE OF THE A few years ago we had a series of scandals involving basketball and football Some newspapers and magazines may in New York City. It is of Mr. not oppose betting. Indeed, there is O'Dwyer to suggest that if gambling is reason to believe that by publishing legalized and consequently becomes more racing entries, "scratches," odds, and extensive, the "criminal elements" will be results (as many papers and radio sta- removed from gambling. tions they facilitate in their ca- The very extension of the business pacity as purveyors of news what so would increase the desires of a parasitical often they inveigh against editorially. group to tamper with participants, to rig games and contests, and further to vic- Some their columns to the practice timize human weakness which creates the and thereby encourage it, while others social disease of gambling. vigorously crusade against it. But it is If all laws are to be repealed simply fair to say that they all strongly fight because they are difficult to enforce and and expose racketeering, gangsterism, ...... THE FACILITATION OF GAMBLING and corruption, whether such evils are tied to gambling or not. MAJORITY RULE The Saturday Evening Post, Collier's, There is ample evidence to convict Life, Business Week, and many other the organized racketeers who bleed magazines have published exposes of the bettors, but to what degree they gambling rackets that should stir citi- are punished depends upon public at- zens into action. The Providence Jour- titudes and with the officials who are nal and Bulletin ran a series of reveal- empowered to prosecute. Whether the ing stories written by George C. Hull, racketeers are to be driven out rests that not only reviewed the general law largely with those whose habits and de- violations in Rhode Island but also sires result in legislation. While the touched upon the nation-wide extent to number of gamblers is high, available which gambling evils have spread. Bos- figures do not indicate that they are in ton, Chicago, and St. Louis papers espe- the majority. Since this is a demo- cially, and those in practically every cratic republic and a majority are said city, have crusaded against gambling to be against gambling, their wishes evils. should prevail. The question is, Should The following is an editorial quoted the majority rule, or surrender to a from the Christian Science Monitor of minority that plays into the hands of June 1, those who are robbing them to the tune of billions of dollars a year, used Morally and economically, the proposal to corrupt officials, ruin lives, despoil to pay for costs of government in Massa- youth, and generally wreck havoc with chusetts by licensing betting stalls throughout the Commonwealth is wrong. In society? legalizing the bookie business, the State Fortunately there is a powerful group would be abandoning its standard of ethics of public-spirited citizens determinedly and admitting an inability to meet obliga- at work who will not surrender and tions from sources that do not capitalize eventually are bound to bring about on moral loss. better conditions, as history has shown Adoption of such a proposal is a pat and will repeat. on the back to gambling and to other social irregularities. "You win," such legislation would say. "Henceforth you can MASSACHUSETTS operate freely in Massachusetees so long The latest survey of gambling condi- as you pay us a share. We are partners from now on." tions existing in the Nation has re- It is axiomatic that the greatest loss in cently been completed by the Citizens gambling is suffered by those least able to Committee of Massachusetts, a joint afford it. Even though the State's revenue venture by Boston businessmen and appears to come from the roll of the dice clergymen. Originally organized in or from the horse and dog tracks, the 1940 for an attack on gam- actual toll by the State is from the pockets bling, the committee was reactivated of the poor. after the war to attack all forms of No amount of profit from gambling can gambling, which it points out sap the outweigh the inherent loss in moral values. economic strength of the Nation. Every modern state, in Europe and America, has at one time or another em- The initial step in the committee's ployed lotteries as a means of revenue. planned antigambling campaign is a But the harmful influence on the people four-months' survey of pari-mutuel has led to their prohibition nearly every- gambling, betting, numbers where. pools, slot-machine pools, and the hu- 26 THE ANNALS OF THE AMERICAN ACADEMY man tragedy following in the wake of eager to get their hands on the rich these practices. The survey indicated Los Angeles till. He that business and civic groups and even there is some evidence to support the militant clergymen had little concrete the circulation of the peti- information or clear recognition of the tion has been financed by commercial seriousness of the gambling problem. gamblers and others of the underworld. Yet the stakes involved in gambling It has not only been charged but it has were estimated by the committee to been proved in many instances that amount to upwards of twenty billion those who want a free hand boast that dollars a year. they defeat those they cannot The recommendations of the commit- One of the most revealing studies tee center around long-range programs of the menace of gambling is the second to acquaint the public with the eco- progress report of the Special Crime nomic losses involved in gambling, to Study Commission on Organized Crime work closely with law enforcement made to Governor Earl Warren of Cali- agencies in securing important data fornia. now woefully lacking, and to build up community organizations for the pro- Misuse communications curement of funds and the achievement The system of communications oper- of larger representations in social, re- ated for legitimate business is one of ligious, political, and business fields. the devices misused by the "bookies." The committee is definitely opposed The telephone and telegraph industries to legalized gambling in all its varia- are among the public utilities which are tions. The chairman, Rev. Dana Mc- used by the larger gambling syndicates Lean of the Arlington Street with the knowledge of the utilities, and Church, summarizes the committee's elaborate installations have been made project as to facilitate their use. The report of the California commission records ef- Syndicated gambling activities now constitute big business. We must be just as orts that have been only limitedly suc- big and more that they are. cessful in cutting off wire service nec- Otherwise, it won't be long essary to carry on horse-race gambling. track gambling is legalized along with Since wire service is an interstate mat- some public lotteries. ter, the report recommends that the Federal Communications Commission CONDITIONS IN CALIFORNIA take action, and For years, gamblers and underworld The adoption of . . . a rule by the elements have been moving into the eral Communications Commission would fertile territory of California, with the unquestionably constitute a major blow to organized crime and racketeering through- result that the California Crime Com- out the United States. It would destroy mittee has been conducting an investi- the "wire service" and with it the book- gation. making monopoly which is based upon it. Mayor Fletcher of Los It would reduce bookmaking from a major Angeles has fought civic corruption, racket of national scope to a petty nui- gambling, and gangsters, and a petition sance of local significance. Such action has been filed asking that he be re- would also, of course, greatly reduce the called. He has characterized the recall See Virgil W. article in this sponsors as disgruntled losers and tools volume of THE ANNALS for similar conditions of a syndicated gang interest, who are in Chicago. THE FACILITATION OF GAMBLING

total amount of money lost by the public protection and graft, although the method throughout the country in bookmaking of payment varies according to local cir- transactions. cumstance. If the gross "take" of the national slot machine racket is in the Since that appeal, the Federal Com- neighborhood of $2,000,000,000 annually, munications Commission has taken lim- as it probably is, it is evident that 20 per ited action in certain instances, and cent of this amount, or $400,000,000, is further study is being made. being spent annually by the slot machine racketeers for bribery and corruption of Plea suppression public executive officers, and that additional large amounts are being spent on But the minute one avenue is closed a corps of lobbyists and a legal and public the racketeer set about finding new es- relations staff. capes. This predictable result led to the conclusion that the most logical Hence, while some argue that the way to fight the "by-product" menace best way to suppress an evil is to license is, as summed up in the report, to ex- it, the California commission is con- tirpate it at the root: vinced that the most effective action is to stop it at the threshold: It is claimed that licensing [handbooks] would remove criminals from the book- We need, first, a statute which prohibits making racket, would end gang warfare, the mere possession of slot machines and and eliminate the inducement for corrup- all other mechanical gambling devices. . . . tion. . . . Our study of the bookmaking Such a statute . . . would permit the sei- racket, however, has convinced us that zure of the machines on sight it would the licensing of off-track betting would also permit seizure when the machines are produce precisely the opposite result. It in the hands of distributors and whole- would give free rein to our most menacing salers and when in storage. Further, it national racket and would inevitably result would make possible criminal prosecution in a tremendous increase in racketeering of the distributors and wholesalers, who, and organized crime in many forms. after all, are far higher in the racket, and more serious offenders than the loca- Reports on the investigations of the tion owners or the machine operators. slot machine by the commission reveal . . . The mere enactment of such a statute reasons for abolishing these gambling in Minnesota broke the back of the slot devices, as the best way to control what machine racket. There is no reason to has correctly been called the "one- doubt that it would do the same in armed bandit." It is not only the California. millions of dollars these "fixed so you can't win" machines take from women GAMBLERS ANONYMOUS and children, but again it is the corruption connected with this organized busi- As in the case of liquor addiction, ness that threatens enforcement officers many independent efforts are being especially. On that phase of the prob- made to "cure" addiction to gambling. lem, here is another condemning para- Fashioned somewhat after Alcoholics graph from the California report: Anonymous, a group, suffering in the pocketbook from gambling, organized From these extraordinarily frank dis- Gamblers Anonymous in California in cussions of corruption, the commission's investigators ascertained that it is the com- January 1949. At a social gathering practice of slot machine operators one evening one speaker, who now di- throughout the country to pay 10 per cent rects the organization, mentioned that to 20 per cent of their gross profit for racing bets had cost him upwards of 28 THE ANNALS OF THE ACADEMY

$20,000. His companions confessed to fornia. The petition requires upwards having dropped similar amounts. Be- of 200,000 signatures of plain citizens fore long there was a lively discussion, to qualify for the November bal- which resulted in the formation of a lot; and after qualification, Gamblers mutual-help group, with the purpose of Anonymous fully expect to be exposed encouraging people to cure themselves to every trick in the political bag, of the betting habit. From the origi- backed by funds overwhelmingly greater nal twenty-one, membership has now than they can hope to accumulate. reached thousands in and outside of Still, there is a chance that a campaign California. of this type can win if it is aggressively As an ideal, a cohesive mutual goal, and shrewdly handled. these people set for themselves the task Naturally, Gamblers Anonymous real- of combating the source of the ize that the evils of betting cannot be the race tracks themselves. In a com- effectively combated by wiping out rac- paratively short time they had coming in only one state, since daily race piled "thousands of affidavits" from wires cover racing everywhere in the merchants of every type in communities country, and betting through the book- where race tracks exist. Clothing maker far outweighs betting at the stores, appliance and furniture dealers, track. But, say they, their membership restaurant owners, department store is growing so incredibly fast that they people, all testified that racing had de- will soon be enabled to exert their ef- pleted the otherwise ready cash of thou- forts on a national scale. Already they sands of people who might otherwise are establishing branches in other cities, channel that at mil- and in due time they expect to put anti- lions of community com- racing bills on the ballot in New York, merce. Florida, Illinois, and Maryland. At the same time, the Gamblers Anonymous collected some facts re- QUESTION OF PUBLIC MORALITY garding the correlation of crime and criminals to the existence of race tracks. Whether or not these other Being old track habitues themselves, orts will prevail over the vested gam- they were aware that many known bling interests depends, in the last anal- hoodlums who hold no jobs and have no ysis, upon the moral tone of our pres- visible means of support are constantly ent and future citizenry. To prohibit seen around the tracks dressed to the or legalize gambling involves law, and degree of smartness. The Gam- since laws spring from customs, habits, blers Anonymous coupled this happen- and practices of people, it is obviously stance with some information they pro- necessary to go back into the agencies fess to have regarding the asserted that inculcate, build, and control these throwing of races by stewards, grooms, habits. Important in this molding proc- and others on the "inside." ess are the church, the home, the school, Gamblers Anonymous are aware that motion pictures, books, magazines, and racing in California is an entrenched, newspapers. Courts and police are wealthy behemoth, able to buy its way prosecuting rather than preventive into legislatures and councils, mayoral- agencies. ties and attorney generalships, with To maintain a society with Christian considerable success. Their first move character, we need a firm, solid founda- is a petition to amend the state consti- tion, with moral objectives higher than tution to abolish horse racing in Cali- we reach on the average. Laws to THE FACILITATION OF GAMBLING 29 prohibit gambling and especially its Logistics Division, General Staff, United attendant evils set a better standard States He says: than legalization and approval of gam- Despite "respectable" uses in the past, bling, based on the vain hope that the such as aiding in financing of Harvard, evil, vice, and crime that pile onto such Yale, Dartmouth and other leading institu- a vehicle can be controlled. To claim tions of learning, the lottery is "a gambling that we should legalize gambling be- pure and rarely simple." cause people do it anyway is, according Of the best known example in the United to many authorities, fallacious argu- States today, the Irish Sweepstakes, a great deal of fanfare follows announce- ment. If such reasoning were logically ment of the winners, but no one salutes followed we would legalize murder, the losers, of whom there are many thievery, and every other crime. millions. The responsibility of the home and the school to indoctrinate children with AN AROUSED PUBLIC , a sense of value concerning the dispro- Not only are gambling and other at- portionate risks in gambling is, or tractive lures a threat to the financial should be, But often profes- and social security of the individuals, sional gamblers have invaded both home but gambling, racketeering, and organ- and school to bribe a player to "throw" ized threaten constituted au- a game. In the process, the student's thority and the body politic. To that morals, pride, and pocketbook become extent they are a challenge to society. involved. Reports everywhere indicate that an While many courageous officials and aroused public, realizing its grave re- groups are attempting to cope with sponsibility, has initiated determined the gambling racket, it could be stopped battle to restore a more law-abiding so- most readily if the bettors refused to ciety. Leading in the fight are churches, contribute their money. But some parents, civic organizations, legislators, young people are lured by nearly all and public officials, who still believe in forms of gambling, even though the the principles upon which this Nation teacher can prove mathematically that was founded, has prospered, and will "you can't win," which is the title of endure. an excellent book written by Dr. Ernest See also the two articles by Dr. Blanche E. Blanche, chief statistician for the in this volume of THE ANNALS.

Paul S. Boston, Massachusetts, is managing editor of The Christian Science Monitor, having been connected with that paper in various capacities sinse 1908. He was a member the Conference on Metropolitan Boston in 1930 and of a committee authorized by the Massachusetts Legislature to investigate reasons for unemployment in 1931. He is a contributor to various journals. 4 Gambling in Nevada

By JOSEPH F. MCDONALD

HEN the state of Nevada em- acted the wide-open gambling law after barked on its wide-open gam- three weeks of discussion and debate. bling experiment nearly nineteen years Nevada, like most other states, was ago, eyebrows were lifted throughout paying very little attention to prohibi- the Nation and there were many ser- tion at that time, but many of the mons preached on the sins of mankind county and state officials, and citizens and particularly the callous view of too, were disgusted with the flouting of morality held by the people of Nevada. other laws, such as the gambling ban. Gambling has bloomed into a big Consequently, when the legislature business, entailing gross winnings by opened consideration of a bill to legalize the gambling establishments of gambling, there was no concerted oppo- 000,000 for the year 1949. sition. Nevada was just beginning to feel the BACKGROUND OF LEGALIZATION effects of the depression at that time, too, and there were members of the Because of her small population, legislature, officials and businessmen in in 1931 when the gambling law was various communities, who visualized an enacted, it was possible for Nevada to era of better business in Nevada if the turn away from the beaten path. Her gambling lid was lifted pay-offs for people, or at least the majority of them, protection were channeled into city, believed that the best way to strike county, and state treasuries in the form down an evil was to get it out in the open of license fees. and control it. No other state in the Nevada's 1931 law, amended from Union could do it, and there is proba- time to time to meet modern condi- bly no other state in the United States tions, simply made legal what was going today that could successfully control on under cover on a smaller scale from wide-open gambling. There are but an October 1910, when gambling was estimated 160,000 people in Nevada placed under legislative ban. Prior to day, and only two centers of population 1910, wide-open gambling prevailed where more than 10,000 people reside. with few restrictions. The people one another, and The act set up rules and regula- there are but a few citizens who do not tions and set license fees for all types know the ins and outs of wide-open of gambling with the exception of lot- gambling and how it is kept under rea- teries (where tickets are which sonable control. There are no bosses are banned by the state constitution. and no political organization to deal Until 1945 sheriffs of each county out favors. The people will not toler- supervised gambling, and a county ate such things, and they are close license board, consisting of the three enough to the picture, because they are county commissioners, the district at- few, to know and understand what is torney, and the sheriff, passed on the going on. license applications. Each city council Prohibition was in its waning years in did the same thing after an applicant 1931 when the Nevada legislature en- had obtained a county license. 30 - GAMBLING IN NEVADA

That worked fairly well until the The State Tax Commission is com- war years, when business boomed and prised of seven commissioners, includ- the gambling establishments began going ing the Governor and the chairman of big time. the State Public Service Commission, There was an influx of outside inter- who is appointed by the Governor. ests, particularly in Las Vegas about The other five commissioners, appointed which made an effort to grab by the Governor on a bipartisan basis control of the big business, and the legis- for staggering terms, represent mining, lature took cognizance of the situation agriculture, banking, general business, i- in and placed the control of gam- and livestock. The commission was bling license applications in the hands established forty years ago, and its of the State Tax Commission. At the membership has always been made up of )f same legislative session the state im- substantial people, few of whom have posed a fee or tax of 1 per cent on the ever taken active interest in politics gross revenue of each gambling estab- (aside from the Governor and the :e lishment. That fee was increased to chairman of the Public Service Com- 2 per cent by the 1947 legislature and mission), and consequently the com- it is 2 per cent today. mission is wholly honest, fearless, and also aggressive in law enforcement. LICENSING Some effort was made on the part of When the legislature in 1945 tied certain gambling interests to set up a the state into the gambling business separate commission to administer gam- by imposing the gross tax, it directed bling, but the legislature refused to le the State Tax Commission to do the entertain such a bill because of the >r collecting and set up a few but a splendid record and personnel of the y, situation developed in Las Vegas within Tax Commission and because of the a few months that indicated that some dangers involved in setting up a sep- of the "big shots" from Chicago and arate commission. elsewhere were trying to move in. The Tax Commission is the most Seigel was among them. There powerful body in the state, as it ad- was evidence of possible corruption in ministers the liquor tax law, the ciga- m issuing licenses in the Las Vegas area, rette tax law, and the gambling tax and since the state itself was taking law, sets the tax rates for utilities, to part of the gross receipts, the legislature livestock, and so forth, and passes on enacted a law which requires all license the budgets of the counties and mu- applicants to apply first to the State nicipalities in setting tax rates (ad a- Tax Commission for a license. County No Governor would have es license boards and city administrations the temerity to attempt to pack the t- cannot issue a license until the appli- Tax Commission in the interest of the cant has cleared the state commission, gamblers or any other group. and they do not have to issue a license The infiltration of mobsters has been even if the applicant has state clear- more or less blocked. There has been y ance. This could open the door for no trouble in Reno aside from an at- ee county license boards or city officials tempt by Bugsy Seigel, shortly before t- to demand pay-offs from applicants ap- he was killed, to move in with a race- proved by the state board to get a track wire, and the recent attempt on :il license, but the procedure is so well the life of a gambler who once had publicized that it would be almost im- Detroit connections. In Las Vegas possible to make a shakedown stick. there was a fight between rival mobs 32 THE ANNALS OF THE AMERICAN ACADEMY from Chicago and elsewhere to control The license fee, or table tax, im- the race-track bookmaking and the posed by the state is graduated depend- wires. That led to enactment of the ing upon the number of games licensed 1949 law. In the meantime the Tax in each establishment, as follows: four Commission held hearings and revoked games or fewer, per year; five several licenses in Las Vegas. The games, $1,750 per year; six or seven commission now screens all applicants games, $3,000 per eight to ten for past records, and rules out those games, $6,000 per year; more than ten who have been in trouble. games, $1,000 per year per game. The city of Reno collects license fees EXTENT OF GAMBLING BUSINESS as follows: roulette, craps, faro, 21, Based on actual figures for the first $200 per year per game; slot machines, three quarters of 1949, it is estimated $50 per year per machine or per handle; by the statisticians of the Nevada Tax poker, pan whist, and similar card Commission that the gross business on games, $60 per year; tango, bingo, which the 2 per cent tax is keno, race horse pool, race horse books, reached $41,000,000 for 1949. $1,000 per year; race-track bookmak- Carried to a mathematical conclusion ing news distribution service, limited to on the theory, which is open to some one service in Reno, $250 per year per dispute, that 3 cents out of each dollar client served. (There are eight such that passes over a gambling table is re- bookmaking places there ' tained by the house, it is estimated that The county of Washoe, of which $1,380,000,000 moved across gambling Reno is the county seat, under state tables in Nevada during 1949. The same statute imposes the license dollar went back and forth many times, fees: roulette, craps, faro, etc., $600 no doubt, but in bets from per year; slot machines, $120 per year; 25 cents to $100 or more, placed by poker, pan, bridge, etc., $300 per thousands of people twenty-four hours tango, bingo, keno, race horse pool, per day in twenty-five large establish- $600 per year. ments and scores of small ones, the fig- The fees collected by the county, ure of one and a third billions is not however, are split three ways: the state fantastic. However, statisticians for gets per cent, the county 25 per cent, the State Tax Commission say that it and the city in which the games are would take Einstein and his theory of censed SO per cent. relativity, somewhat expanded, to find any given percentage to apply to the GAMBLING REVENUE movement of a dollar before the whole Gambling revenue has amounted to thing became the property of the gam- approximately in gross taxes bling house. and licenses and $280,000 in table fees for the state of Nevada each year since FEES AND TAXES the 2 per cent levy became effective. In addition to the 2 per cent tax, It has not solved the tax worries at all, gambling-license holders must pay a and may have added to them because table tax to the state as well as a li- of the instability of such revenue. At cense fee to the county and also a the 1949 session the legislature con- license fee to the city. The state and sidered, but finally rejected, a general county fees are set by statute, while sales tax. Such a tax may be enacted in the city fees are set by the city councils 1951. and they vary in different cities. Reno obtains a large part of its reve- GAMBLING IN NEVADA 33 nue from gambling license fees, but it crooked. Under the law now, with tax also shoulders a considerable expense commission inspectors working, crooked in policing. It has a police force of games are few and far between. about 80 in a city of popula- The large gambling-house operators tion, and has to deal with assorted riff- recognize that the business is only tol- raff and numerous petty crimes. erated, and most of them co-operate As of June 1, 1949 there were 2,168 100 per cent with the law enforcement slot machines in Reno and 220 other officers in trying to keep the riffraff licensed gambling games. The reve- moving. The gambling establishments, nue for the city amounted to too, in order to impress public opinion, 800 for gambling license fees, including are the largest contributors to every the city's share of county collections. civic endeavor, from the community The city's entire receipts from all chest to the erection and maintenance sources for the year amounted to of churches. One establishment spends 900,000. Reno has nine large gambling $120,000 per year for scholarships for houses and many places with but one high school students who want to attend or two games. Six of the places are the University of Nevada. owned locally and three of them are tied up in some degree with operators A PARASITE HERE TO STAY out of Los Angeles. Prevalence of wide-open gambling At the moment the gambling busi- has increased the relief burden for the ness, through the direct tax and the li- Red Cross, the Salvation Army, and cense fees collected, is providing about similar agencies, because so many peo- 16.98 per cent of the state's revenue ple, some of whom have families, come for administrative purposes, and about here and lose all their money and are 18 per cent for cities such as Reno and destitute. As for the local people, this Las Vegas. is not the case except in a very minor This unhealthy situation is disturb- way. ing to discerning citizens, and there are Generally speaking, the residents of many of them. The gambling revenue, the community pay little attention to the easy to get, not only has served en- gambling establishments, but women trenchment purposes for the gamblers, do play keno to the detriment of their but could very easily plunge the state homes, and that applies to about 10 per into debt if the people should rise over- cent of the local residents. night and ban the business. The gam- Aside from the slot machines, which bling-house owners and operators com- are in every drug store, grocery store, plain but little about the tax levy, be- and restaurant, and other places, as cause it is a small price to pay for a well as in the gambling establishments, privilege which is lawful and makes it wide-open gambling has little if any ef- unnecessary to shell out to politicians, fect on the children. They are not racketeers, or anyone else. allowed in the gambling establishments, and there is real effort to keep them TAKE A LONG VIEW out. The slot machines, outside of All the games in the larger establish- gambling are attractive to chil- ments and also the small ones here are dren and detrimental, too, although operated on the square, volume there are few places that let the chil- pays off well. There have been in- dren play them. There are 6,000 slot stances, however, at resorts operating machines in the state. a short where the games were Recognized by right-thinking 34 THE ANNALS OF THE ACADEMY

as a wasteful, nonproductive business state's economic and business life to with absolutely no moral basis for exist- such an extent that it would be difficult ing, gambling on a wide-open plane in to repeal the law unless there were Nevada is here to stay, it appears, as shootings and gangland activities. Then long as the state keeps it clean and it would go out in a hurry, as it did in keeps the gangsters out. 1909 when shortsighted gamblers tried The whole thing has worked into the to control the state's politics.

Joseph F. McDonald, Reno, Nevada, has been editor of the (daily and Sunday) Nevada State Journal for the past ten years, and has been engaged in the newspaper business in Reno since 1915. His knowledge of Nevada conditions covers periods of illegal as well as legalized gambling. Legalized Gambling in New York?

HILE the Editors were assem- Thomas E. Dewey, Governor of the bling the material contained in State of New York, addressed a special this volume, the Honorable William message to the New York State Legisla- Mayor of the City of New ture opposing the legislation sought by York, on January 10, addressed Mayor O'Dwyer. a communication to the legislative Because the Editors felt that this leaders of the New York State Legisla- symposium on gambling would not be ture requesting legislative enactment complete without this most recent ex- for the regulation of betting on public change of views, they reprint below sports events. Such legislation, if ap- both Mayor O'Dwyer's request and proved, would legalize and control bet- Governor Dewey's special message. ting activities in certain areas of gam- As this volume went to press, the bling, notably horse races, professional New York State Legislature (which baseball and football games, boxing adjourned in mid-March, 1950) had not matches, and hockey games. enacted the legislation On January 16, the Honorable and EDWIN J. LUKAS

MAYOR REQUEST Honorable sistant district attorneys, correction of- One of the most difficult problems con- ficers, court and prison facilities and cleri- fronting law enforcement agencies is the cal help. The full cost, both economic and suppression of organized gambling on pub- social, cannot be measured in dollars and lic sports events. cents. The basic difficulty arises from the wide- In dealing with a problem like this, past spread human instinct to gamble. This experience is our best guide. Prohibition furnishes an easy avenue for criminal ele- was a failure, but regulation and control of ments to engage in organized crime and liquor has proved successful. Why not do reap tremendous profits therefrom. To the same with betting on public sports prohibit gambling is simple; to enforce events? the prohibition, however, raises problems Instead of permitting a situation to exist similar to those confronting us in the days where the underworld is able to and does of the Prohibition Amendment. Every- obtain tremendous sums in carrying on one is familiar with the evils surrounding their activities, the State, through regula- that experiment. tion and control, should step in and not No matter how vigorous the attempt to only obtain large sources of revenue, but stamp out the criminality that necessarily also destroy the underworld's last major flows from absolute prohibition of betting source of financial support. Such revenues on sports events, the problem has over the should be used to give financial assistance years remained the same. The vigilance to voluntary hospitals and charitable insti- of our prosecuting and law enforcement tutions. officials cannot eliminate scandals involv- Regulation and control would not mean ing the participants in professional and that there would be gambling on every amateur sports. It is time to face the street corner any more than the elimina- problem realistically. tion of Prohibition brought about the sale Millions of dollars are spent to pay the of intoxicating beverages on every street expenses of police officers, magistrates, as- corner. Supervision similar to that of the 35 36 THE ANNALS OF THE ACADEMY

State Liquor Authority would control the machines, roulette wheels, card games, number and character of persons and loca- lotteries, or any similar form of gambling. tions where betting may take place. My proposal is restricted solely to regula- I therefore propose that the Legislature tion and control of betting on public act now. It should amend Article I Sec- sports events. tion 9 of the State Constitution, and enact Yours very truly, appropriate legislation to bring about effective regulation and control of betting (signed) WILLIAM on public sports events. Violation of these Mayor should be made a felony. CITY OF NEW YORK Furthermore, I urge that existing laws OFFICE OF THE MAYOR be amended now to make in- HON. LEE B. MAILLER cluding the solicitation of bets, by tele- The Assembly phone or otherwise, and collection by run- HON. ners, a felony. I repeat, "I don't favor wide open gam- The Assembly * bling, but strictly controlled HON. ARTHUR H. WICKS controlled not by Municipalities, but by The Senate the State." Furthermore, my proposal HON. ELMER F. . does not include the sanctioning of slot The Senate

GOVERNOR DEWEY'S MESSAGE To the 2. It would be an indecent thing for gov- On Wednesday of last week, when your ernment to finance itself so largely out of honorable bodies were not in session, the the weaknesses of the people which it Mayor of the City of New York had flown had deliberately encouraged that a large to Albany by New York City police plane share of its revenue would come from for delivery the offices of your leaders gambling. letters asking their support for amend- I recognize that the state and some ments to the Constitution of the State of municipalities now receive a comparatively New York permitting legalized betting on small revenue from betting at public sports events. In so doing he said race tracks. I have always had personal that his law enforcement officers were un- doubts about the wisdom or the morality able to "eliminate scandals involving the of this system but it is confined to those participants in professional and amateur who are actually able to be present at the sports." track and therefore is not a lure dangled I regard this as such a shocking, im- before all people in all walks of life and moral and indecent proposal that I con- near every home. sider it my duty to lay my views before 3. The Mayor's proposal is apparently you immediately before the matter is con- to legalize gambling on professional and sidered. My objections to this legislation amateur sports. Obviously if the state are as puts the imprimatur of approval on the 1. It is fundamentally immoral to en- morals and decency of wholesale, universal courage the belief by the people as a betting on sports events of every kind, whole in gambling as a source of family in- then there would be no logic whatever in come. It would be immoral for govern- refusing also to legalize lotteries, betting ment to make available to all of its people pools, dice games, slot machines and public a state-wide gambling apparatus with the gambling halls with all their attendant evils implied assumption that the gains of with which the American people are thor- chance were a fair substitute for or supple- oughly familiar. There is no logical place ment to the honorable business of produc- at which the line could be drawn and law ing the goods and services by which the enforcement would then break down com- people of the nation live. pletely. LEGALIZED GAMBLING IN NEW YORK? 37

4. Every proposal that I have seen for in, the stakes for the corruption of pro- state-operated legalized gambling of any fessional athletes by gamblers would be- kind involves licensing by the state of bet- come greatly increased. ting rooms scattered conveniently and in The very idea of organized gambling, large numbers throughout the state. These sponsored by the state, on events in which thousands of legal betting rooms would our sons and daughters in high school and provide a continuous invitation under the college participate is entirely abhorrent. sponsorship of the state to husbands and Amateur sports are even more precious to wives to gamble away the money needed the American people than professional for the support of the family. sports. I cannot understand how anyone could Millions of dollars would be involved if relish the prospect of seeing husbands betting were legalized on high school and spend their time and the family's money college basketball, baseball and football in state-operated betting rooms. The games, on track meets, hockey games and prospect is no prettier in its inducement other events. These huge sums collected to wives and mothers and even children. under the sponsorship of the state would What this proposal would do to the fabric provide unlimited funds to professional of our society is quite difficult fully to gamblers to seek to bribe the youth of the comprehend, but it is clearly all bad. state. There is on old adage that horse players 6. The proposal is not new. Many other always die broke. I should not like to see nations have had national lotteries and happen to the families of our state as legalized gambling. I do not believe it is a result of an invitation issued by the Gov- mere coincidence that most of these na- ernment of the State of New York while tions are in bad financial condition, and I was Governor. their people poverty-stricken. S. Gambling on professional sports 7. These proposals are not new in the events has been the most demoralizing United States. In the early days in most and destructive influence in American sections of this country, gambling and lot- sports. teries were open, widespread and legal. In the early days of baseball, there were Corruption and poverty to such organized baseball pools which nearly an extent that in state after the peo- l> wrecked the game. In the there ple themselves revolted against gambling were similar scandals and again in 1919, and established stringent constitutional the huge sums of money involved in gam- provisions against it. bling on the World Series resulted in cor- I might add that New York State was one ruption which nearly wrecked baseball of the first, if not the first, to adopt this permanently. course at its Constitutional Convention in Baseball was saved by the device of 1821. We are the first to take the sound setting up a man of unimpeachable in- position. I hope we will be the last to tegrity as an absolute czar of its opera- abandon it. tions, and since then baseball clubs have 8. In recent times, we have seen the hired special police and exercised the most rise of powerful underworld figures built control in order to prevent gam- upon organized gambling in states where it blers from even entering their parks. was legal or winked at as a matter of There have been scandals in horse rac- state or city policy. In each instance gang ing for the benefit of gamblers. There wars, murder, corruption and poverty have have been scandals in the boxing field followed in the trail of such policy. where the enormous sums of money in- In 193S the State of Florida, by an act volved in gambling were used for bribery of the State Legislature, legalized slot ma- and attempted bribery of boxers. chines. It took only two years for the We have had these scandals even with crime and corruption which followed to gambling illegal. Should it become legal cause the state to itself, and in with the sums which might flow 1937 the action was repealed. 38 THE ANNALS OF THE AMERICAN ACADEMY

In 1945 the State of Idaho authorized his two terms in office: "The two out- the use of slot machines in so-called non- standing mistakes were when I signed the profit clubs. Within two years the state- slot machine and the punchboard law." wide authorization was repealed and the 9. I have a considerable personal matter was left for local control. experience in the administration of crimi- Even then the crime and corruption nal justice. At one time I prosecuted a which followed created such a revulsion case based upon the charge that the that all but one of the large cities of the "Dutch" Schultz gang, with money raised state repealed their permissive local laws, from the illegal numbers racket, acquired and last year the Governor of the state the influence which allowed them in 1933, asked the Legislature to repeal the law in through a political leader in the County of its entirety. New York, to name and elect the In 1937 the Legislature en- attorney of New York County. acted a statute permitting the maintenance I also know that with proper leadership of slot machines, punchboards and other and honorable administration of criminal gambling devices for the benefit of the justice, those conditions need never exist. private membership of religious, fraternal The entire history of legalized gambling and charitable organizations. The At- in this country and abroad shows that it torney General of the state advises me has brought nothing but poverty, crime that before long racketeers moved in and and corruption, demoralization of moral used the law to run open gambling, even and ethical standards, and ultimately a displaying signs saying "public invited." lower living standard and misery for all In 1947, the Governor of the state said: the people. "The condition of the state is worse than it I am unalterably opposed to the pro- has been for many years with reference to posal which has been made by the Mayor gambling." He later added with regard to of the City of New York. The Forms of Gambling

By OSWALD JACOBY

VER the span of centuries the women who bet regularly take great definition of gambling has un- care to conceal that fact from business dergone many changes. For example, associates, spouses, ministers, tax col- what is currently regarded as one of lectors, and other traditional enemies. the world's most prosperous and dis- In these circumstances, any estimate is tinguished industries, namely, insur- bound to be a guess. ance, was once condemned as a for- The of placing an off-track bidden wager on the outcome of an bet is quite simple. If one comes well as the successful comple- recommended, he may contact a book- tion of a ship's journey and its safe ar- maker and place his bet by telephone. rival in port, intact, cargo and all. From time to time the bookmaker may Consequently, insurance was once con- find ways to let the bettor know that ducted clandestinely, among private he has changed his telephone number. syndicates, the largest of From time to time, also, he will send a of survives as a vener- runner to pay what the bettor has won able institution. or collect what he has lost. Such To most people today, gambling transactions are in cash, and no receipt means betting on such sport events as or written memorandum changes hands. horse races, playing card games and Appointments with a runner are almost the like for money, or taking part in invariably private, and sometimes quite lotteries. This loose definition is open secret. to challenge, but we may consider these Most bets are not telephoned, but activities first, since they represent at are placed with the bookmaker or his least a conception of gambling in runner. One visits a certain cigar store America. or barbershop or bar, names his bet, and puts up his money. If he wins, he BETTING ON HORSE RACES seeks out the runner and collects his winnings. In many states, legislators have de- How does one locate a bookmaker to creed that those who attend horse races begin with? Betting is by no means may bet on those races. A portion of a completely secret activity. There are all the money so wagered is paid over always companions with whom one dis- to the state treasury. By contrast, it is cusses triumphs of the past and plans illegal to accept for the future. The neophyte, fasci- wagers. When such wagers are illegally nated by the dramatic suspense of gam- offered and accepted, no portion of that bling, its aura of "cloak-and-dagger," money is forfeit to the state treasury. or desirous of demonstrating adulthood Most people cannot find time to go to and oneness with the group, is intro- the track. They nevertheless insist on duced to a bookmaker. He will pres- betting on the races, laws to the con- ently have his own group of confidants trary notwithstanding. How many with whom he will exchange comments people place bets of this kind? No on bookies as others comment on tailors, figures are available. Many men and hairdressers, and the like. 39 40 THE ANNALS or THE AMERICAN ACADEMY

In a strange town one would ask the accepted. Here no outside bookmaker hotel bellboy or elevator man. The is needed. The names of the major newsdealer, who sells one a racing league baseball teams are written on chart, would probably know and might slips of paper, and each entrant draws tell one. So might the policeman on a folded slip to select a team. Each the beat, although this procedure is puts up an equal amount, and the en- not recommended. If the bettor finds tire amount is turned over to the en- a bar or cigar store in which a radio is trant whose team scores most runs dur- tuned at track time to racing results, ing the week. Some businessmen favor he should have no trouble in establish- such pools on the theory that they pro- ing contact. mote office friendship and esprit corps. SPORTING EVENTS Some professional gamblers who con- centrate on sporting as A bookmaker is not content with ac- football, boxing, baseball, and basket- cepting wagers on horse races. He will the traditional habit of try- also quote odds on other sporting and ing to assure themselves of a "sure athletic contests, such as football thing." Thus, they have frequently games, basketball games, hockey games, resorted to bribery (or attempted brib- prize fights, and political elections. ery) of one or more of the participants Ordinarily this is done by means of in those events. The most famous such handicapping. If Competitor A is episode was the Chicago "Black thought more likely to win than Com- World Series baseball scandal in 1919, petitor B, a suitable handicap is ar- as a result of which a number of famous ranged to equalize their chances. The players were banned for life from the customer may choose either competitor game. In more recent years, men have on the basis of the handicap. Thus, a been sentenced to prison in New York weak football team may be credited for attempts to bribe professional foot- with fourteen points against a stronger ball and college basketball players. team. Those betting on the stronger These are fairly characteristic of the team can collect if it wins by a margin types of third-party criminality which of more than fourteen points. In a can, and do, become by-products of one-sided political election, Candidate certain forms of gambling. A may be credited with votes to put him on equal terms with Candi- LOTTERIES, PUNCHBOARDS, ETC. date B. It would be an unusual business office Lotteries based on horse races are in which one could bet openly on a horse slightly more acceptable than ordinary race, but the stigma is not attached to bets on horses, perhaps because such all other contests. For example, foot- lotteries are often conducted for the ball pools are fairly widely tolerated. benefit of charitable institutions. Even On a Monday or Tuesday a list of the more widely accepted, however, is the games scheduled for the following Sat- raffle for the benefit of a charity. Many urday can be obtained, each game of the pious folk who sell raffle tickets "equalized" with its handicap. The to add to church funds would indig- bettor makes a few selections and re- nantly repudiate the suggestion that turns the marked list with his bet to- they were helping to promote a lottery. ward the end of the week. Almost equally common are commer- Baseball pools are even more widely cially promoted punchboards. The THE FORMS OF GAMBLING 41 vator man or perhaps the switchboard or a particular pattern of numbers (a operator asks you to "take a chance on complete diagonal, horizontal, or verti- a turkey" at the approach of Thanks- cal The winner collects the pool giving or Christmas. You obligingly contributed by the other participants, push out a slip of paper from less a percentage for the "bank." Bingo the punchboard and pay the amount became so popular during the thirties indicated thereon. When a winner is that motion picture theaters organized declared, one turkey is presented to brief games between showings to at- that person and another to the eleva- tract patronage. Churches and fra- tor man (or ternal orders organized bingo nights to Similar punchboards are made avail- supplement their funds. able at other times of the year, but with • less success. Storekeepers sometimes QUESTION OF PARTICIPATION use them to raffle off expensive merchandise. The person who bets on the outcome Gambling in stores is made possible of a race or other athletic event may also by way of mechanical contrivances claim participation to the extent of of various kinds. In some cases (slot selecting the most likely winner. The machines) you pull a lever to spin pinball game addict may claim that he dials. When the dials line up in cer- can achieve better results, by virtue of tain preordained positions you collect his skillful play, than the tyro. For from the machine ("hitting the jack- the most part, however, the bettor is a In other devices (pinball ma- nonparticipant, almost a spectator, in chines) you propel a ball onto a surface the forms of gambling thus far dis- studded with electrical contacts and cussed. springs. You win if you contrive to il- The situation is quite different in luminate certain lights by means of the such forms of gambling as betting on contacts touched by the ball. Not all games of skill, such as chess, checkers, pinball games are played for gain, but backgammon, billiards, card games, or in many places they are so used. even dice games. Here the gambler is Slot machines and pinball games have a true participant, since he is usually been outlawed in various communities, in a position to affect the outcome ma- but often flourish despite such disap- terially by the skill and judgment he proval. Rare is the adult who cannot exercises. conveniently play such a machine if The case is clearest in gambling on he wishes. games of chess. There is no large A somewhat different type of lottery amount of gambling on this game, since is known currently as "bingo," although skill is so overwhelming a factor that it has been played in many countries the result of even a single game can under different names. Each contest- usually be predicted accurately. Never- ant is given a card on which numbers theless, it is customary in some clubs are printed, each card having "a dif- for amateurs to bet trifling amounts ferent selection of numbers. An of- when they play against certain masters. ficial draws numbers by lot and an- This is more of a subsidy than a gam- nounces them as drawn. Each con- ble. Players of equal ability some- testant crosses out or covers up any times bet 10 or cents per game, more number on his card that is so called to add spice to the game than as a out. The winner is the player who first serious wager. Occasionally a strong crosses out all the numbers on his card player will offer a substantial handicap 42 THE ANNALS OF THE ACADEMY to an opponent, and the outcome may of such groups. It is my informed be sufficiently in doubt to make a true opinion, based on no careful statistical wager possible. study, that small stakes are involved The opposite may be observed of in most of these games. dice games, notably the game known as Most country clubs, tennis clubs, and craps. It is very widely played by athletic clubs have card rooms, as do also youths, by adults of little education, most large social and political clubs in and by others who enjoy gambling. the big cities. It may be that in such When the conditions are fair, the out- a card room a game is sometimes played come of a single bet cannot be pre- for no stake, but I am inclined to doubt dicted. In casual games, the experi- even the possibility. enced player may win by superior Clubs maintained solely for card knowledge of the odds. In gambling playing abound in the larger cities. houses or in games where all the players Most bridge clubs, open to the general are experienced, the skill of the player public, make available the equipment consists only in knowing when to stop and the space, and serve as a meeting playing. place for players of more than casual skill and interest in the game. The .. CARD PLAYING stakes are often quite small in relation to the means of the players, but a stake The popularity of card playing may of some kind is usually involved. be judged from the fact that in an average year sixty million decks of LOCALE OF GAMBLING playing cards are sold at retail. In a six-month period in 1949 this amount The gambling casino plays a very was doubled by the meteoric rise of a small role in American gambling life. new card game (canasta) for which Few but the very affluent, and those in special cards devised and sold. only a few cities, patronize the sort of Some card games, such as poker, are establishment that provides roulette invariably played for stakes of value. tables and other mechanical lotteries, Other games, such as bridge, may be such card games as baccarat and played for no stake at all. It is difficult de and the like. to estimate how many players should be The poor man's gambling casino is called gamblers, because many of the the amusement park, the county fair, or same individuals play both types of the carnival show. Here he may play game. For example, about a million any of a multitude of games in which men and women play duplicate bridge a small investment affords him a chance with some regularity, no stake being in- to win a large doll, a box of candy, or volved; and probably half of the same other prize of some value. individuals play rubber bridge for The rich man's gambling casino is, stakes at other times. in many cases, not a casino at all but Most card playing takes place in the a stock exchange. Despite the stric- home. Sometimes it is couple against tures of legislators and of the Securities couple, in such games as bridge and and Exchange Commission, a very large canasta. Larger groups of women for- number of people still buy and sell gather in the afternoons, taking turns at stocks regularly for speculative pur- providing facilities and refreshments. poses rather than for investment. The Mah-jongg is another favorite diversion practice is not so widespread as it was THE FORMS OF GAMBLING 43

before 1929, when it appeared that the monthly Italian lotteries. At first, entire adult population was engaged American "policy" was a true lottery, in it, but it still engages the attention with drawings of numbers from a bag. of a large and varied body of cus- Suspicion of chicanery (and well- tomers, customers' men, brokers, and grounded suspicion, judging by con- assorted assistants. temporary reports) led to the present It would be possible to demonstrate system, in which the player can select I that little significant distinction can be any three-digit number, from 000 to drawn between investors and specula- 999, that strikes his fancy or coincides tors; that a stock exchange serves a with a number bearing superstitious vital economic function; and that vast significance to him. This he notes on a upsets would occur if stock exchanges "slip," which he then gives to a collec- were treated as gambling institutions. tor (with his wager), who in turn passes But it is difficult to accept the logic or it on to the controller, and finally it the justice of condemning off-track bets reaches the "bank." There the collec- on horse races when track bets are con- tions are tabulated. sidered legal; of condemning ordinary If the player wins, he is paid off at lotteries when church bingo games are some figures from 499 to to approved; of excoriating the cardplayer that is, for each penny invested he gets and making a vestryman of the stock- back $5.00 to $5.35, depending on the broker. (I have nothing against the custom in his locality. Thus, a ten- stockbroker; but I know some card- cent ticket would pay fifty dollars if its players who would make excellent number showed up for that day. church elders.) The pay-off number is determined in a manner that has been shown to be in- THE GAME fluenced occasionally by the operators of the game. At first, the winning num- The most widely followed lottery in ber was taken from the New York this country is the numbers or policy Clearinghouse figures published daily game. The numbers game is the only in the newspapers. To co-operate with form of lottery that has continued on reform groups, the newspapers stopped a large scale in the United States. It printing these figures in full, and the began as the poor man's operators turned to other sources: the most, one might say, the pauper's lot- transactions on the New York or an- the persons at higher in- other stock exchange; the pay-off fig- come levels bought their tickets in the ures on tickets; even the Irish Sweepstakes and the various Latin small cards in contract bridge hands American lotteries. In recent years the reported in the newspapers. (The last- numbers game has been expanded to named method is common in the reach those who are able and willing to South.) It is essential that the win- spend a dollar or more for a lottery ning number be available somewhere ticket. in a daily newspaper. The numbers The numbers game is somewhat more game is played by so many persons that than fifty years old. In its earliest they cannot assemble in one place to form it was called "policy" (and often learn the result, and besides, they will is still so because of the not trust operators as they do the many Italian immigrants who continue newspapers. to buy tickets (Italian in the As with other forms of American 44 THE ANNALS OF THE AMERICAN ACADEMY gambling, observers cannot come close to avoid police surveillance. Second, to agreement on how much money is the numbers game preys on the poor. bet on the numbers game each year. Third, the game is often characterized Few estimates go lower than one billion by swindle. Fourth, it puts large sums dollars per year; the highest estimate of money into the hands of the un- has been three billion. Most of the scrupulous with which susceptible others estimates appear in public statements may readily be corrupted. and seem to be set unreasonably high. But the numbers game is by some The following analysis may serve to condoned in practice. The small units modify of betting, the dimes and quarters, do The numbers game traditionally not seem important enough to call for thrives in metropolitan centers. The determined public action. Only the bulk of the slip collections are at 10 to aggregate cost to the people is large 25 cents. Among those connected with enough to be impressive, and it is spread the numbers game, an operator col- so thin that to stanch the total flow is lecting worth of slips a week is regarded as impossible. considered a very big one. There are Numerous obstacles exist to rigid no doubt a dozen or more such opera- enforcement of the law against numbers tors in large cities, numerous playing. One is that the organization smaller ones; but it is improbable that of a numbers game has been shown to they collect more than a million dol- include one or more people highly lars' worth of slips each week. As- placed in political circles. Perhaps the sume for New York City a total play most notorious example is that of the of fifty million dollars a year, assume James Hines case in New York City. that it represents at least 10 per cent In 1939 Hines, a prominent Tammany of the national total (since the numbers Hall figure for many years, was con- game is a metropolitan one, and New victed and imprisoned for conspiracy York's share should be disproportion- in connection with the operation of a ately high in relation to total popula- huge numbers syndicate, in which 1 and one thereby arrives at an "Dutch" Schultz, a famous gangster, was annual national volume well under a involved. Governor Thomas E. Dewey, billion dollars. The foregoing is, of then a special rackets prosecutor, rose course, based on conjecture (there to prominence on the basis of his trial being no reliable statistics), but be- of that indictment. cause of rough comparisons which we Other obstacles are: many police of- may legitimately make with the known ficers and others are in position participation in other forms of gam- to enforce laws against lotteries; the bling, it probably comes as close to "bank" which ultimately collects the accuracy as other estimates. money received from ticket sales and which pays out the prize money; and Condemned but tolerated an extensive selling organization composed of cigar-store poolroom The numbers game is universally con- employees, newsboys, shoeshine boys, demned in theory, for four principal janitors in apartment houses, laborers reasons: First, its operation is fre- in large factories, elevator operators in quently accompanied by political and office anyone whose police corruption; the game entails daily work brings him into contact with ticket sales through numerous "run- numerous prospective ticket buyers. ners," or minor agents, and it is difficult There are middlemen who collect from THE FORMS OF GAMBLING 45 the runners and remit to the bank. win substantial sums of money, al- Each takes his cut from the gross though several thought that they won amount received. more than they lost. A few enjoyed a feeling of contact with a larger world, Why they flay where the more affluent were able to During recent years I have asked bet on horse races or buy shares of many numbers players why they par- stock. Some had a feeling of adven- ticipated in the lottery. Few hoped to ture. All enjoyed the suspense.

Oswald Jacoby, F.S.A., Dallas, Texas, is an actuary and an authority on canasta, contract bridge, poker, and other games. His published works include The Four Aces System of Contract Bridge; Oswald Jacoby on Poker; How to Figure the Odds; Gin Rummy; Oklahoma; How to Win at Canasta; and Oswald Jacoby's Complete Canasta. He conducts a column on games which appears daily in more than six hundred newspapers. By Louis A.

HE bookmaking industry in the that it will remain so in the foreseeable United States today occupies an future. unusual place in the national economy. Illegal in all the forty-eight states with EVOLUTION OF BOOKMAKING the exception of Nevada, the "bookies" The rapid increase of "off course" conduct an annual business amounting wagering through bookmakers has kept to some 8 billion dollars. Various sur- pace with, if not exceeding, the growth veys have placed this figures as low as of its legalized parent. In colonial 3 billions and above 10 billions. It is America, men of means raced their of course impossible to establish a com- horses against those of their neighbors, pletely accurate figure because of the usually for sums contributed by them- very nature of the enterprise. Recent selves in the nature of a side bet. The inquiries and checks from large as well partisans of each owner likewise bet as small cities point to the above total among themselves. as being thoroughly acceptable as a As the practice grew, the stakeholder minimum. The growth of this colossus became more in evidence. For a com- and its modus operandi, in the face of mission, usually 5 per cent, the stake- legal restraints and reform movements, holder held the bets and duly made hold the center of the gambling stage payment after the event was run. With in America. the organization of the first race track, The horse-racing business, now legal- it became impractical to handle wagers ized in twenty-six states, is in itself an in this way, and a small group of men enterprise of major proportions. Ex- set themselves up as a sort of glorified panding rapidly since World War I, Stakeholders Association, taking bets the most recent statistics, those for from all who cared to back their opin- 1948, show a total of slightly over ions. They found no dearth of willing $1,600,000,000 bet through the mutuel customers. The odds against each en- machines, accounted for by paid admis- trant's chances were adjusted in pro- sions of million persons. Revenues portion to the amounts bet, so as to to the states permitting betting came leave the stakeholders a profit regard- to Back of the actual less of the outcome in most cases. With track activities is the breeding indus- the gradual increase of race meetings, try, with its tremendous investment in and the programming of events for a plants and their upkeep, comprising number of contestants, the business of some 800 farms led by the King Ranch accepting wagers became more compli- of Texas, whose area exceeds that of cated, and the Bookmaker's Percentage the state of Rhode Island. The num- Table came into wide use. ber of employees who make their live- Bookmakers became prominent in the lihood at the race tracks is over when the Saratoga Race Track 000. All in all, racing is definitely "Big was opened in New York State. This Business," and there is every likelihood signaled the advent of what is now 46 47 known as Big Time Racing. By there were four major meetings held THE SERVICES each year, with tracks operating in New The backbone of the in- York State, Maryland, Kentucky, and dustry is to be found in the wire services Louisiana. The bookmakers handled which disseminate all pertinent infor- all the betting, though there were spo- mation throughout the country. With radic attempts made to introduce the the increase of betting away from the machines. The public evi- tracks, the need arose for accurate and dently preferred the "books" at that speedy information, particularly as to time. As racing began to flourish, how- the fluctuations of the odds, last-minute ever, the bookmakers became dissatis- jockey changes, withdrawals of en- fied with their 5 to 8 per cent profit, trants, and of course the order of finish and began to shorten their odds so as with the official track pay-off on the to increase their percentages to 10, "in the money" horses. Prior to 1927 and in some cases 20 per cent. In ad- there were a number of small independ- dition, they became horse owners them- ent wire services spread throughout the selves, racing their charges under other country. These were loosely organized instigated jockey rings, bribed and generally speaking inefficient, with trainers, and in short practically domi- frequent breakdown of service. How- nated the sport. ever, in 1927, in the city of Cincinnati, As these abuses grew, concerted ef- one John Payne, seeing the tremendous forts by the opponents of racing finally possibilities for profit in a well-organ- forced legislative action, and in 1906 ized and efficient wire service, started racing was at its lowest ebb, outlawed a company to serve the local book- in all states except Maryland, Kentucky, makers and those in the surrounding and New York. In 1910 New York also communities. Shortly thereafter he had banned racing by the passage of a spread his network of leased wire serv- statute making betting at a track illegal. ices as far as Chicago, where he was In New York tracks reopened with asking and getting as high as $300 a a strange spectacle of betless betting, day for the information supplied. known as oral betting. This scheme Payne subsequently lost control of permitted the bookmakers to accept his companies to a Chicago group, but the bet as long as no money was in evi- not before he had demonstrated that dence. A notation of the wager was there was a veritable gold mine in this jotted down on a slip of paper and set- field of operation. By 1929 there were tlements made the following day. The seventeen wire services operating in the "books" did an enormous business un- United States, and the United States der this plan until finally, in 1936, the Treasury Department estimated there state legalized the track bookmaker. were 15,000 "books" being serviced. At that time New York State was the Competition for control of as lush an principal remaining stronghold of the enterprise as this found many factions "books," the other states that permitted at odds with one another. By 1939 the racing having legalized the mutuel ma- real control of what was by then an em- chines and outlawed the bookmakers. pire in itself rested in the hands of In 1940 New York State followed suit Moe Annenberg of Philadelphia. and the heydey of the track "books" Annenberg, who already owned the was over. Meanwhile, betting away Daily Racing Form and other racing from the tracks was mushrooming with publications, as well as numerous ever increasing vigor. "scratch" sheets, finally fell afoul of 48 THE ANNALS OF THE ACADEMY the law on matters concerning his in- there are some 40,000 books operating come tax returns. At his trial in 1940 without the service. it was brought out that his nation-wide network of leased wires placed him as THE PERCENTAGE TABLE the fifth largest customer of the Ameri- can Telephone and Telegraph Company. In theory, the basis of a successful After Annenberg's conviction on the in- bookmaking operation is the use of the come tax evasion charge, the services Booking Table. A perfect I were again split up and are today in the mathematical booking of any race would hands of a number of independent com- ensure a profit regardless of the ultimate panies, with three major concerns more winner. In practice, this result cannot or less dominating. In addition to the be achieved, nor is it necessary that it thousands of books served by the wire should be. The table is, however, used services, a much greater number carry as a guide in order to prevent the book on their business without any leased wire from becoming overloaded with bets on tie-up. The books are fact almost any particular horse whose winning everywhere. would result in a larger loss that would be warranted by any possible gain on NUMBER OF BOOKMAKERS the event in question. The table sets up percentage figures calculated on the Many approaches have been used in total amount bet on each horse in rela- trying to form an estimate of the num- tion to the amount bet on all horses. ber of bookmakers operating in the If there is $10,000 bet on a race, with United States, and in determining the bet on Horse A, the percentage scope of the operation. One survey of figure for Horse A is 50 per cent, and a few years ago estimated that 30,000 the true odds even money, or one for books were operating in and around one. In a perfectly balanced book, of- the metropolitan New York City area. fering true percentage odds against each Another source showed one-third of that contestant, there would be neither loss figure. nor profit, regardless of the result. The disparity can be accounted for in Hence the odds are shortened to a point part by the fact that two different which will allow profit. methods of counting were used. A fairly When the books operated at the large bookmaker will employ anywhere tracks, this shortening of from four to ten agents. The average the operation financially secure. The bettor deals with his agent or to "off course book" does not set the him the agent is the book. Such a count odds, and pays off to the winners on would include every person who. will the basis of the official track mutuel handle a bet as a bookmaker. Further- pay-off, limited to certain more, the really large bookmakers op- usually 20 to 1 on win bets, 8 to 1 on erating in the bigger cities control place bets, 4 to 1 on show bets. With groups of smaller bookmakers who are bets pouring in over his telephones, the ostensibly in business for themselves, bookmaker cannot make any accurate though in reality under control of the estimate of the percentage standing of central book. The best estimates can his book. When any entrant appears to be drawn from the figures showing the be receiving an inordinate amount of number of books subscribing to the wire his recourse is to refuse any fur- services. There are in the neighbor- ther wagers, or bet some of the excess hood of 20,000 subscribers. In addition with another bookmaker in order to pro- 49

tect himself. In betting parlance, he the telephone or by meeting of bettor "lays off" part of his bets. Under these and agent, there are still many "horse conditions no strictly book rooms" in operation. Here the bettor is possible, and the profits are attrib- will find the entries from four or utable to other factors. tracks posted on the walls or written on huge blackboards. The track odds and CLASSIFICATION OF BOOKMAKERS their fluctuations are posted as the in- I formation is received from the leased The network of books throughout the wire services. Bets are made with the country may be classified by groups ac- betting clerks, and cashiers pay off cording to their setup and method of after each race. A running description operation. There are a great number of of each race is given over the loud- individual bookies who maintain no of- speaker system. fice but serve a limited clientele through Most of these rooms are located in personal solicitation, calling at their the suburban areas of the larger cities, homes or places of business each morn- though there are a few in the cities ing, taking their bets, and making set- themselves. As these "horse rooms" tlement for the preceding day's transac- can usually accommodate from 100 to ts tions. These men work a restricted 300 persons, they are the first targets area and are usually referred to as of the antigambling elements, as their a- "hand books." Their customers are locale and operations are more easily small bettors, one- and two-dollar bets traced than those of their companion predominating. "phone" books. When they operate in The next group is the the cities, the flouting of the law and largest, and is made up of small to the obvious political "fix" become too or medium operators who maintain one, evident for comfort. The "horse room" f- two, or three telephones, but are not situation around New York City is :h direct subscribers to any wire service. typical of the general method employed. ss The operator in this class employs a few While there are some few rooms in the t. agents or runners who collect bets and city itself, most of the establishments make payments and collections. He are located in the nearby New Jersey obtains his results and pay-off prices smaller communities. These rooms pro- by arrangement with some larger book vide automobile transportation for their or over the radio in the larger cities. New York patrons. Their cars leave The big books are subscribers to the from designated points during racing direct wire services and in many cases hours, and for a token fee of 25 cents control a string of smaller books whom provide service to the betting room and el they finance at least in part. They return after the last race. On a Satur- maintain a battery of telephones and day it is not uncommon to find over a >n will handle large wagers from their cus- thousand customers in the larger rooms. th tomers as well as "lay-off bets" from le smaller books. In a case now before NUMBER OF BETTORS te the courts in a large western city, where of a finance company was allegedly acting The number of people who bet on to as a front for a large bookmaking opera- the horses away from the tracks has of tion, thirty-eight telephones were being been the of greatly conflicting used. estimates ranging from 3 to 15 million ss While the greater part of all the persons who wager with some regu- o- bookmaking business is handled over larity. The actual figure, though neces- THE ANNALS OF THE ACADEMY sarily an unknown quantity, is an ex- ning day but rides about in a Cadillac tremely large one. nevertheless. While this is an exag- The first requisite of the would-be geration on both counts, it is a fact that bettor is access to printed information most bookmakers are reluctant to admit setting forth the day's entries and the that their profits are worth talking tabulations of results. Therefore the about. It can be stated as a positive betting element of the population is fact, however, that no well-managed found in those centers where the press booking establishment whose capital re- furnishes this information. The huge quirements are commensurate with its rural section of the country, with no volume of business has ever gone broke. such information at its disposal, con- Before the books were replaced by the tributes almost nothing to the book- mutuel machines at the New York making fraternity. The central locali- tracks, the same bookmakers were in ties that provide the major portion of evidence year after year. The off-track the wagering public are those served book is in many respects in a more ad- by the Daily Racing Form, which is vantageous position that the book that the standby of the horse betting en- formerly operated at the track. The thusiast. The Racing Form is pub- factor which contributes most heavily to lished daily in New York City, Los the off-track book's profits is the tre- Angeles, Chicago, Houston, Seattle, mendous diversity of play on races not Miami, and Toronto, Canada, with bu- at one track, but at four, five, or six reaus and branch offices in Lexington tracks a day during the height of the and San Francisco. From these points racing season. the Form is either flown or rail-shipped An indication of the profits expected to nearby cities. by the book may be adduced from the As the public at large does not read percentage the book is willing to ex- racing papers or racing news purely as pend in order to get busines's. Apart a matter of academic interest, where from whatever sums are to be used for the Racing Form or other race track the buying of protection from the local news is found, there the bettor is found, law enforcement agencies, any book is and of course the bookmaker. Ap- ready to give up SO per cent of the proximately 60 million people live in profits to his agents for procuring busi- centers where racing information is ness. Each agent's total monthly re- readily available, and as the bettors are turns are tabulated, and SO per cent of drawn from this group, any such esti- the net losses of the customers dealing mate as million regular bettors must directly with him provides his compensa- be far from an accurate figure. Two tion. (In the unlikely event that any to two and a half million would be particular month shows a net loss to nearer the mark. Tabulations recently the book, the account is carried over to at hand from bookmakers in widely the next month.) Once the agent has separated areas of the country, showing contacted a prospective bettor and fur- the average daily amount bet by indi- nished him with the telephone number viduals, would account for the total of the book, the customer merely calls of 8 billion dollars bet by about 2 the book and places his bet, mentioning million persons yearly. the name of the agent who is to receive credit for the transaction. There are QUESTION OF PROFITS a few localities where the agent's com- A bookmaker has often been charac- mission is 35 per cent, but SO per cent terized as a man who never has a win- is the general rule. An agent with an active clientele among the fairly well- contrasted to that of the bookmakers. to-do class has a sinecure which is hard Considerations of capital requirements to beat. are of vital concern in all enterprises of Where the bookmaker is himself han- a speculative nature. Even under the dling his own customers in addition to most favorable of an those secured by his agents, he will even person with $10, tossing often propose to his larger clients a re- a coin with $1 bet on each toss, would bate of SO per cent of their net losses be an almost certain loser if he played each month on condition that they do long enough against another with $50. all their business with him. These facts The second factor, which might prop- might well give the prospective bettor erly be called a psychological one, is pause to consider just what his chances more of a disturbing element in horse of winning are likely to be. In addi- betting than in any other form of gam- tion, there are wire service expenses bling. Visual evidence of one of these (if the bookmaker is a psychological factors can be seen by telephone charges, office rental, and reading the daily betting slips at salaries to clerks, and the very con- bookmaker's. As the greater part of all siderable expense of protection, which betting with the books is done on credit, will be discussed separately. with settlement the following day, a glance at a customer's betting sheet THE DISADVANTAGES tells the whole story. In the case of a small to moderate bettor, the first few The real reason the book can expend bets made will be in amounts of $2 to a total of 60 to 70 per cent of his total each. As the day goes on, and if the winning action to conduct his business customer is losing on the balance, the and still retain a very considerable bets increase until the last few races will profit for himself is to be found in the show bets of $10, $20, and $30. There nature of the problem that confronts are no mathematical calculations which the horse player. The several millions purport to show a bookmaker's "edge" who comprise the horse-betting public in terms of the breakdown of morale are drawn from every stratum of the which is experienced by an enormous American public. There would be no percentage of horse players. Betting valid argument to support any belief with bookmakers on credit is not similar that as a group they are any less in- to betting at a track, where cash is re- telligent than the bookmakers, consid- quired for all wagers. A player at a ered as a whole. The success of the race track may well lose all the money bookmakers lies not in any particular he has brought with whereas with display of business acumen or any bet- his book the temptation to bet beyond ter appraisement of the situation than his intentions, in order to get even, is that evinced by the bettor. The funda- ever present. mental factors which cause all horse In the course of any year, every book- players, with too few notable exceptions, maker expects that some of his clients to find themselves losers on balance are will close the year owing him money threefold. which he will never collect. When the For one thing the average horse books were operating under the "oral" player is at a tremendous disadvantage system of betting at the New York on the point of his available capital as tracks, one of the larger bookmakers Action may be defined as a bet made, ac- had outstanding slightly over $100,000 cepted, and determined...... at the end of the season. Asked what

OF THE ANNALS OF THE AMERICAN ACADEMY

he was going to do about it, he said, ices and essentially fraudulent touting "Try to collect what little I can. Call bureaus surround the horse bettor. Sys- off the rest, and let them start again tems all purporting to be infallible are with me next season. If I don't, they published by the thousands. will simply bet with someone else, and Perhaps one race player in several I might as well get what I can before thousand may be able to avoid all the they go overboard again." Numerous pitfalls and stay ahead of the game. books take the same view. In contrast The rest inevitably keep the bookmak- fo a business where merchandise has ing industry in its flourishing condition. been delivered or a service performed, While every conceivable difficulty besets a bad debt to a bookmaker represents the bettor, the book need but observe merely a profit he might have had; the most elementary method of pro- there is no out-of-pocket loss. cedure. He needs solely to have work- While it is certainly true that these ing capital commensurate with the aver- uncontrolled betting habits play the age-size bet handled, and horse major part in the player's inability to player will do the rest. cope with the bookmakers, the question may remain as to what the probable ; outcome would be if the betting public were to become suddenly endowed with The persistent growth of the book- a large measure of self-control as well making industry, in spite of the illegal- as a more accurate method of making ity of the operation in 47 of the 48 their selections. While this would un- states, would seem to offer definite proof doubtedly cut into the book's profits, it as to the validity of the axiom that "it would by no means solve the problem, is easier to control than to prohibit." as there is a third factor mitigating No enterprise of such magnitude could against the player's chances. Unlike possibly continue without the conniv- most forms of gambling, betting on ance and support of political and law horse races is a self-defeating proposi- enforcement agencies. tion. As the weight of moneys wagered The amounts paid as protection in the mutuel machines sets the final- moneys, the methods of payment, and pay-off prices, any sudden increase in the ultimate recipients vary greatly in the public's ability to select the win- different localities. Where the political ning horse would drive the price down machine dominates the scene, the pro- to such a low figure that the increase in pay-offs are continuous con- the number of winning transactions tributions to the coffers of the party. would be offset by the lower odds. In such cases the police and detective The other contributory factor which forces do not participate in the divi- makes the bookmaker's operation more sion of the spoils to any appreciable secure is to be found in the mass of con- extent. Under such a setup in a large flicting, and generally speaking worth- midwestern city the early it less, information to which the race was known to be less hazardous to hold player is exposed. In addition to the up a bank than a bookmaking establish- daily racing papers and the local press, ment. This was protection with a venge- there are numerous "scratch" sheets, ance. The horse rooms ran wide open, which, in addition to giving the scratches immune from interference. This is the is, names of horses that are with- most expensive type of protection to be drawn from their selec- bought, with the rake-off usually cal- tions and probable odds. Tipping serv- culated on a basis of the number of tele- r 53 phones employed and the size and loca- of their willingness to condone public tion of the room. Pay-offs ran from as gambling on horse races, have become little as $100 a week from the smaller partners in the enterprise by sharing fry who operated only by telephone, in the proceeds, have set up a situation to several thousand dollars per week which appears ludicrous to most people. from the room operators. Two-dollar bets at the track are not Where the local party in power is not only legal but encouraged. The same in alliance with the gambling element, two dollars bet over the phone is be- and where indeed it may be making the yond the pale. If bookmaking is a most strenuous efforts to stamp out the corrupting and evil institution, it can books, the situation is in the hands be driven out by legislation which will of the police department. In recent close all tracks throughout the country. years and particularly at the present If that be neither feasible nor desirable, time, the trend in the larger cities is then the only alternative is to legalize away from direct party control of the the books and have each state so doing bookmaking fraternity. This leaves the derive revenue through taxation. The field wide open to the law enforcement plan has worked well in Nevada, and agencies to demand protection money. it is difficult to see why it should fail to There is no way out for the book. If do so in other states. Most he would play, he must pay. Those gambling is an economic waste. It is who try to evade payment find them- no less so at a race track than in a book- selves in court with almost monotonous maker's room. regularity, until, after a succession of As is usual in all cases where unpopu- fines and 30- to 90-day pe- lar prohibitory law prevails, it is the riods as the guests of the municipality, public that is caught in the middle. they either quit the game or fall in line. Under the present setup, the player who During those times when police de- wishes to make a bet, and cannot get partments are undergoing one of their to a race track, is reduced to making a periodic shake-ups, and particularly more or less furtive phone call, slipping just before and after local elections, his bet surreptitiously to his corner the "heat" goes on. The press blazons bookie, or going to some horse room forth the good news that at last the city which may be subject to one of the is to be purged of the books. Arrests periodic raiding parties. In spite of all follow arrests. The book play right this he still manages to make his bet, along as part of the game. They ex- along with several million fellow Amer- pect to take their "raps" from time to icans. If he thinks about it at all, he time, pay their fines, satisfy the hue may realize that he is in part responsi- and cry, and open up next day in a ble for the graft and corruption that new spot. Finally, election is over or goes hand in hand with undercover the new police commissioner isn't news gambling. However, when any longer, and "business as usual" afternoon comes along, he can venture takes over. out to the track and lose his money, all the while clothed with eminent Re- THE PUBLIC spectability. Why, even the Governor may be there! As the horse player's The acquiescence of the public in this chance of ever emerging anything but state of affairs is readily understand- a loser on balance is a small one indeed, able. The 20-odd states that, by virtue and as the bookie is going to get most 54 THE ANNALS OF THE AMERICAN of the money in any event, it is high way through the tax bureau instead of time that the industry be put under through the prevailing graft and protec- control and made to pay its tion methods.

Louis A. Lawrence is a professional handicapper, formerly in the insurance business. He has made an intensive study of various forms of gambling, with special reference to at and away from race tracks. He is now preparing a volume on "Specula- tion and Gambling" among non-professionals. Horse Racing and the By JOHN I. DAY

HE racing of horses is a couple of persons were required to own a certain thousand years older than Chris- number, and subjects whose wives wore tianity; but, like the Thoroughbred silk gowns or hoods" were com- breed, racing as we know it today began pelled under severe penalties to keep in England. Every Thoroughbred rac- one stallion. ing today is traceable to one of three However, it was in the seventeenth Eastern Byerly Turk, the century, under the reign of James I Godolphin Arabian, or the Darley Ara- (1603-25), whose native Scotland in speaking of the ancestry banned horse racing, that the sport be- of a Thoroughbred one does not have gan to take on the aspect of England's to go all the way back. Only three de- national pastime. Whatever else the scendants of the Eastern trio founded son of the tragic Mary, Queen of Scots enduring male lines, and every registered may have done or failed to do for Eng- race horse today is traceable to Eclipse land, he put horse racing on the map. in most cases, in some, or When he attended the races, which was Herod in a dwindling few. As for the whenever he heard a meeting was to be sport itself, there is in existence a Hit- held, he took his court with him, and he tite treatise on the training and feeding established official sporting days which of race horses written somewhere around accounted for about half the year. He 2000 B.C. Homer, Ovid, Herodotus, not only sought out and attended race Xenophon, and were among the meetings, but he made suggestions for early "turf writers," but today's horse improving the grounds. Frequently racing is patterned after the sport which what had been merely a convenient spot received the patronage of kings in Eng- for a race meeting became a permanent land. turf center after one of King James's visits. ROYAL PATRONS OF RACING It was in the seventeenth century Large and lusty Henry VIII that the stakes race, a race in which the was fond of racing and one owners of the horses put up monetary of the first to pass laws affecting it, stakes, all of which go to the winner, though his edicts were aimed primarily was devised. The race course itself was at breeding. He favored a horse of any convenient straightaway marked by size and substance, perhaps because he flags, and later, at the King's order, needed as many as eight or ten mounts roped off near the finish. England has on a hunt. He ruled that stallions for never adopted the precisely engineered breeding were to be confined to stables oval course common in America, but away from public land, and ordered that the first "round" course was built at all male horses grazing on the commons Newmarket in It was also during be castrated. The period is still re- that period that the first racing "chart" ferred to by equine historians as "The was printed and the first racing officials Age of Geldings." He also ruled that were noted. The officials were called dukes and archbishops should maintain and served in much the same seven saddle stallions. Other titled capacity as a second in The 55 1 56 THE ANNALS OF THE AMERICAN ACADEMY

tryer's duty was to look after the in- of early American racing is fragmentary terests of a particular horse, watching and in spots contradictory, but the sport the others for foul riding or interfer- was well established here before the ence. The modern counterpart of the United States came into being. George tryer is today's steward, racing's chief Washington was himself a breeder, magistrate. In America today stewards raced his horses, and officiated at race represent the race track and the State meetings. Racing Commission, and in New York The culture and agriculture of the and in Delaware Park Dela- South made it a natural center for the which operates under the aegis development of the American Thorough- of The Jockey one steward rep- bred, but one of the first permanent resents The Jockey Club. racecourses was established on Long During the rule of Charles I Island's Hempstead Plain by Governor racing became an issue in the rising Nicolls in 1665. political strife. Civil war and Puritan The name Race Street in Philadel- reaction led by Oliver Cromwell closed phia, and in other cities, locates some the race tracks for a period until the of the earlier courses. When racing Stuart restoration. Oddly enough, down the main thoroughfare became Cromwell, a former cavalryman, loved too popular and a menace to commerce horses himself, and while there is no and safe passage on the road, the town mention of his racing, he was a breeder fathers legislated it into more organ- on a large scale. In his Oliver Crom- ized existence. Permanent tracks were well, John Buchan "Horses were laid out, frequently near the church so his abiding passion. He suppressed that Sunday worship and Sunday rec- bear-baiting and cock-fighting because they were not incom- of their cruelty, but his prohibition of be combined. Then, too, horse-racing was only local and tem- where the modern racing fan has only porary, and due solely to its political to worry about traffic jams, the race- danger as an excuse for royalist meet- going colonist had to keep an eye peeled ings." for Indians, who, for motives other than As has been noted, certain rudimen- reform, were wont to disturb race tary steps were taken toward the organ- meetings. ization and regulation of horse racing From early quarter-mile dashes down in the seventeenth century. The sport race paths soon worn smooth of turf by continued to grow but without any cen- hoofs, evolved the tral authority until the establishment skinned, or dirt, track, usually a rough in or of The Jockey Club at mile around, and with it a type of horse Newmarket, which laid down a definite peculiarly code of rules and regulations pertaining who raced in heats. These four-mile to racing. heat races were responsible for a colorful chapter in the history of American EARLY AMERICAN RACING racing, particularly in the era of the These rules, along with the term North-South match races which, pre- Jockey Club, followed the Thorough- ceding the War between the States, at- bred to America. The written record tracted national attention and throngs of 60,000. In Francis Culver's Not to be confused with jockey as applied to an individual race track such as Blooded Horses of Colonial Times, it is Pimlico, which is operated by the Maryland observed that during the middle eight- Jockey Club. eenth century racing was established at HORSE RACING AND THE

"almost every convenient town and pub- trol, organized on February 16, 1891. lic place in Maryland, Virginia and the It was composed of seven members representing the race tracks and the owners Racing did not come to a full stop of horses. The Board of Control thus even during the Civil War, and as the began the first step in the general gov- country reunited, the sport boomed; ernment of racing. Jockeys and trainers but control and supervision were strictly were licensed, the rules of racing were up to the operators of each track, many revised, and certain tracks were out- of whom would not be granted a fran- lawed. chise by today's state racing commis- However, while a good-sized step in sions. the right direction, the Board of Con- trol was not the answer to the prob- BEGINNING OF REGULATION lems confronted by a fast-growing sport Conditions toward the end of the which was no longer the private pas- nineteenth century became intolerable time of kings and cavaliers. In 1893 to the men who considered racing a the horsemen met to discuss dwindling sport rather than merely a means racing revenue which had caused a re- gambling. Consequently these men duction in the purse money put up banded together to try to control and by the racing association. James R. regulate the sport. one of the most prominent The events leading up to the forma- owners and breeders of the period, led tion of The Jockey Club, today Ameri- the move toward further progress of can racing's oldest administrative body, control and regulation. He said that are outlined by W. S. Vosburgh in Rac- the Board of Control was unequal to ing in dealing with the situation, and suggested the formation of a Jockey Club Until 1891 there had been no concerted action on the part of racing associations patterned after the one in England, with toward general government of racing. Each power to allot dates for meetings, li- association was a law unto itself. Each cense jockeys and trainers, enforce for- selected the dates for its meetings, each feit lists, appoint officials, revise and had its own code of rules. While all the unify the rules of racing, and, in effect, clubs of the Metropolitan district raced constitute a final court of appeal in the under the rules of the American Jockey interpretation of rules, with power to Club (operators of Jerome Park), each discipline all persons under its jurisdic- of them had special rules for racing over tion. its own tracks. The growing popularity of A committee met with the Board of racing and the organization of new associations, however, convinced turfmen that Control, and The Jockey Club came into the time had arrived when it was necessary being in 1894. Though the authority to exert some control and a uniformity of of The Jockey Club today is limited procedure in racing affairs. It was Mr. to New York and to Delaware Park Pierre Lorillard who took the initiative at which operate under its rules, its ef- I! a dinner given by him to the representa- fect on racing is felt nationally. The tives of the different clubs and owners of rules and regulations adopted by The horses. He stated that unless some control Jockey Club have served as a pattern were exercised growing abuses would soon, for the rules under which racing is and seriously, affect the popularity of operated in every state. One of the most important functions of The Jockey The outcome of the Lorillard dinner Club has been the keeping of the Amer- was the formation of the Board of Con- ican Stud Book in which every Thor- 58 THE ANNALS OF THE AMERICAN ACADEMY oughbred is registered. No horse is go out and build and operate a race permitted to race at a recognized track track almost anywhere. Today the rac- unless he is registered in the Stud Book, ing commission grants the franchise for and the naming of horses is also passed race track operation, dictates the num- upon by The Jockey Club Registry ber of tracks which may operate, limits office. the number of days of racing, approves purse schedules, passes on the appoint- STATE REGULATION ment of officials, and licenses jockeys As racing grew in popularity, the and trainers and in some cases the state governments began to take cog- owners as well. . nizance of it. Kentucky, in 1906, was the first to undertake local control and MEANS or REGULATION regulation by the establishment of a To a large extent, credit for the regu- State Racing Commission. However, lation and control of racing must be there was no immediate rush on the given to the larger tracks themselves. part of the state governments to spon- They were prompt to adopt scientific sor racing. By 1920 only five states and mechanical aids such as the saliva had taken official recognition of horse test for the detection of stimulation of racing. During the depression years, horses; the photo-finish camera which however, legislators saw the popular eliminates the chance of human error sport as a means of added revenue, and in the placing of horses in a close by 1940 state racing laws were in ef- the mechanical starting gate which has fect in eighteen states. Today the num- eliminated much of the danger from the ber has grown to twenty-five, and the hoofs of fractious horses and all of the aggregate state taxes on the betting delay, which in the case of the American alone comes to some hundred million Derby of 1893 was 90 minutes; the dollars annually. motion picture patrol which photo- With the creation of many new state graphs the entire race from different racing commissions in the early angles and is available to the stewards another move toward national regula- for review in a matter of minutes fol- tion was made with the formation in lowing a claim of foul or an accident; 1934 of the National Association of and, of course, the totalizator. State Racing Commissioners. This The totalizator, a mechanical method group has from the outset sought uni- of recording bets and computing odds, fied action on various racing problems, based on the amount bet on each horse but inasmuch as any step taken needs in relation to the total amount in the individual legislative action in each betting pool, has done as much for rac- state, the effect of the NASRC as a ing as the invention of the linotype did national policy-making group has been for printing. Betting through the total- more influential than actual. It does izator is a refinement of the serve a very useful purpose, however, in form of betting which was invented in bringing racing problems to the atten- France in 1865 by Pierre Oiler. Oiler, tion of the commission in each state, it seems, did not like accepting the and reciprocal action on many rulings arbitrary odds made by bookmakers, is thus brought about. and devised a system whereby tickets Prior to the formation of the indi- were sold on each horse in each race, vidual state racing commissions, any- with the odds determined by the num- one who could raise the necessary money ber of tickets sold on the winner in and obtain the necessary land might relation to the amount bet on all of the HORSE RACING AND THE 59 horses. In effect the bettors were thus horse wins. The track deducts a per- wagering among themselves, hence the centage, prescribed by state law and name shared by the state and by the track, Until the invention of the ticket- from each betting pool. The remainder vending machine and the totalizator, of the money in the pool is divided however, there was room for abuse of among the winners. In the case of the the pari-mutuel system. There was no place pool, wherein place tickets on both absolute check on the number of tickets the winner and the second horse are sold or the amount of commission to be cashable, the amount in the pool, after taken from the total pool, and an un- deduction of the commission percentage, scrupulous operator might falsify the is first divided into equal parts and then records, take an exorbitant commission, apportioned to the holders of returnable and pay off what he pleased, within tickets. reason, pocketing the difference. The The track is not affected, whether invention of the ticket-vending machine the favorite (the horse on which a and its use in conjunction with the majority of the people have bet) or a totalizator eliminated the danger of hu- long shot on which only a few have bet man error or dishonesty. What was is the winner. In rare cases a "minus once a series of manual and mental pool" is created, as was the case with manipulations is now accomplished by Citation on frequent The pressing a button. The ticket-vending track must pay off at a legal minimum, machine, a development of an English usually five cents to the dollar. In a firm, prints and issues the tickets at a case of a horse like Citation, however, rate of fifty per minute. An adaptation so much might be bet on him to run of the dial telephone system, it sorts, third that when the legal commission adds, and transmits the totals to the in- is deducted and the remainder of the dicator boards in the calculating room, "show" pool is divided in three parts which show at all times just how much is to provide payment on the other two bet on each horse and in each placed horses, not enough remains to win, to place (run or to show reclaim the outstanding tickets on Cita- (run tion at the legal minimum. In such a The first completely electrical total- case, the racing association adds to the izator was conceived and built in the "minus pool" to make up the difference, United States in 1927 and 1928 and paying off at $2.10. taken to England in 1929 where it was In the days of the bookmakers, an adopted by the English Race Course individual book might be wiped out Betting Board and put in general use. should a particular favorite win, while It was not until 1933 at Arlington Park according to the "balance" of his book (Chicago. Illinois) that the first total- he might stand to win a greater or less izator was used in America. Today it is amount should any other horse in the standard equipment at all of the recog- race win. nized race tracks. In California the state provides that "after the aggregate mutuel handle for the WHAT THE TOTALIZATOR DOES season reaches $27,000,000, all minus pools are paid from the breakage collected by the As can be readily seen, an important state." In the recent (1950) Santa Anita Handicap, when the Calumet Farm entry of aspect of the totalizator is the elimina- Citation, Two Lea, and Ponder ran second, tion of personal interest, except on the third, and fourth respectively, minus pools lor part of the individual bettor, as to which place and show totaled 60 THE ANNALS OF THE AMERICAN ACADEMY

tion with offices in Los Angeles, Chicago, RACING ASSOCIATIONS New York, Boston, and Baltimore. Its AND PROTECTIVE BUREAU files contain pertinent data on all con- With all the improvements of racing, nected with racing, from the anonymous however, and in spite of its national but important groom to the steward. character, race tracks for the most part A fingerprinting program includes more were still operating individually and than 42,000 sets of prints and will ul- often competitively, and over-all regula- timately cover everyone who has any- tion had not kept pace with racing's thing to do with Thoroughbred racing. expansion. A strict check on identification does not At a meeting of representatives of all stop with the humans in racing; a lip- phases of racing called by the National tattoo system of identification devel- Association of State Racing Commis- oped by the Thoroughbred Racing Pro- sioners in Chicago in 1942, to plan rac- tective Bureau has made "ringing," or ing's adjustment to wartime conditions, the switching of identity among horses, a new national organization was formed. an impossibility at a TRA track. To- It was incorporated in New York under day some 17,000 race horses are tattoo- the name of Thoroughbred Racing As- branded on the inside of their upper sociations of the United States, and had lip with a letter denoting the year of twenty-two charter member race tracks. birth and certain digits of their Jockey The immediate function of Thorough- Club registration number. bred Racing Associations was obvious; Thoroughbred Racing Associations it unified the sport, cleared necessary also adopted a Code of Standards for procedure with governmental agencies, racing which in effect ensures racing on and helped to raise some the highest possible plane of operation for various war funds. Racing's unity at its member tracks. and the strength of its new organiza- Sharing a common interest in a sport tion met a stiff test when on January 3, which has become an industry with a 1945, War Mobilization Director James billion-dollar turnover and an invest- F. Byrnes requested the suspension of ment running into some 500 millions, racing. While this was perhaps desir- The Jockey Club, the Thoroughbred able for purposes of austerity, it was Racing Associations, and the National obviously discriminatory. Thorough- Association of State Racing Commis- bred Racing Associations' policy of full sioners work in co-operation. co-operation was quickly ratified by its " * '• members, and when the ban was lifted LEGISLATIVE HAZARDS three months later the sport was com- One of the oldest and most colorful of mended by Washington. sports is today one of the best regulated Thoroughbred Racing Associations and most honest. All of these has continued and developed as a policy- The Jockey Club, TRA, and making body, and today has thirty- have vigorously opposed legislation de- seven members. In 1945 it announced signed to legalize betting at offices away the formation of the Thoroughbred from the race track. Such legislation, Racing Protective Bureau, headed by inspired by hope of additional revenue Spencer J. Drayton, former executive from racing, would of course mean ad- assistant to J. Edgar Hoover in the ditional profit to the race tracks, but, Federal Bureau of Investigation. as the past history of open gambling Today the Thoroughbred Racing Pro- has proved, would eventually kill the tective Bureau is a national organiza- sport. Today some twenty-odd million HORSE RACING AND THE 61 go to the races annually, and if their is not the individual cheat, but the sole motivation was the desire to make a perhaps well-meaning but ill-advised bet, they could readily do so with illegal legislator who would impose additional bookmakers. Racing today is the most taxes or legislate conditions such as off- heavily taxed of sports. As has been course betting or night racing, which noted, the state taxes on the amount of would lead to abuses and ultimately money bet comes to some 100 million cause a reaction against what is a tra- dollars annually. ditionally fine sport and an economi- The principal problem of racing today cally significant industry.

John I. Day, New York City, has been director of the Service Bureau of Thorough- bred Racing Associations for seven years, and was previously in newspaper work for thirteen years. The Service Bureau is a publicity bureau devoted to racing. He is contributing editor of Thoroughbred Racing and Breeding (Tom R. Underwood, co-editor with Underwood of Call Me Horse; and author of A Footnote to Horse Racing in The Great Horse Omnibus, and of various magazine articles. Slot Machines and Pinball Games

ANONYMOUS

HE bell slot machine is the sub- machine similar to the one invented by ject of more laws, court decisions, Fey, which had met with such great newspaper articles, indictments, and success in California. The company police raids than all other types of gam- started by Mills still bears his name and bling devices and paraphernalia to- is today the world's largest manu- gether. Law enforcement officials, jour- facturer of slot machines. The first nalists, educators, clergymen, and pub- machine, though crude in appearance lic spirited citizens almost universally compared to the streamlined, chrome- agree that the slot machine is a menace plated modern version, was little dif- to our communities and a threat to good ferent in general form from devices now government, and that its by-products being produced. are corruption and economic waste. The slot machine quickly became a How, then, has the slot machine be- familiar phenomenon on the American come big business and how has this in- scene. It put commercialized gambling dustry successfully challenged the forces on a five-cent basis and made gambling of law and order for half a century? easily accessible to the general public. The slot-machine network has for No other machine was ever invented years capitalized on the apathy and the from which the profits derived were so gullibility of the American people, and fabulous on so small an investment, and corrupt and incompetent local officials with so little effort. Other companies and inadequate antigambling laws have followed Mills into the field, until today been its principal allies. The slot- ten substantial firms are engaged in the machine manufacturer knows that his manufacture of slot machines and other, chief asset is the American people's closely related, coin-operated gambling appetite for gambling, and he is ever devices. All ten of these manufacturers striving to produce a faster and more are located in Chicago, making that city enticing gambling device. the slot-machine capital of the world, the heart of the slot-machine network BEGINNINGS OF THE SLOT MACHINE which sprawls over the United States. The slot machine was first devised by EVASION OF THE LAW Charles Fey in San Francisco, Califor- nia in It made its appearance The history of the slot machine is when San Francisco was a wide-open one of constant effort to devise ways town with glittering gambling palaces. to evade the law. Thus, the first in- At about the time of the San Francisco novation in the original slot machine fire in 1906, Herbert Stephen Mills of was a subterfuge designed to circumvent Chicago started production of a slot antigambling statutes. One of the larger companies in the early twenties This article is written by thoroughly com- produced a machine which vended a petent persons whose names, by reason of mint candy bar each time a coin was their present connection with an investigation of slot-machine operations, are not here inserted and "paid off" in slugs which disclosed. could be replayed and, of course, re- . The Editor deemed in cash. This machine was 62 SLOT MACHINES AND PINBALL GAMES 63 known as a "mint vending" machine, pal reason for their limited use is the and it was the subject of litigation in price, which today ranges from to local, state, and Federal courts in every with an average of part of the country. $175 for a bell slot machine. Opera- The slot-machine people in these tors are often reluctant to use consoles cases argued that the "mint vending" because they cannot afford to have such machine was not a gambling device, an expensive device confiscated, and since the player always received value because of its size and weight it can- for each coin deposited. A large num- not be easily concealed or moved. This ber of courts gave credence to this leaves the bell slot machine still the sophistry, and enjoined law enforce- peer of gambling devices. ment officials from molesting the "mint vending" machines. Ultimately, how- STRUCTURE OF THE INDUSTRY ever, a majority of courts penetrated this subterfuge, and by the end of the Since the slot machine has always twenties the "mint vending" slot ma- been illegal in almost all the states, chine became extinct. how does the network conduct its busi- The next innovation came in the mid- ness? Many believe that the business dle thirties and brought the first sub- is conducted "underground," like the stantial change in appearance and de- narcotic racket. This is not the sign. The new machine was a large de the slot machine is manufactured and luxe table-type electrical model. The distributed openly. The ten principal conventional lever or handle, from which slot-machine companies have large, well- the "one-armed bandit" derived its staffed plants and advertise widely in name, was eliminated. The industry trade journals, and some are members called the new machine a "console," of the Chicago Association of Com- to distinguish it from the bell slot ma- merce and Industry. chine. The console has never replaced To get their machines before the pub- the original slot machine, but is still lic the manufacturers deal through dis- manufactured today in limited quanti- tributors located in most of the large ties by five of the slot-machine firms. cities in the United States. In addition, The name console, plus its radical dif- the leading companies make direct sales, ference in appearance, often serves as a principally to clubs, fraternal and vet- thin disguise for just another slot ma- erans' organizations. chine. The console, curiously enough, Anyone can purchase a new or used has been accepted in some localities slot machine from a distributor, but his where the conventional slot machine is chief customers are the operators. The frowned upon. In such places, officials operator owns the machines, services often say for the record, "There are them, and shares the profits equally no slots operating here." Thus, there with the premise owner in most cases. are localities known in the trade as The operator must compete with other "console territory." In some instances, operators for choice locations, and it cities not only wink at consoles but is this intense competition that often license them. produces violent conflict between com- The console has an even greater earn- petitors. ing power for the owner than the slot It has been estimated that the slot- machine, because of multiple coin chutes machine network is made up of ap- which permit more than one player to proximately 175 distributors and 10,000 gamble at the same time. The princi- operators. About 70,000 establishment 64 THE ANNALS OF THE ACADEMY owners are reported to have slot ma- figures are available at the manufac- chines on their premises, and siphon off turers' and distributors' levels, but these large profits from the machines do not reveal what slot machines earn they are not necessarily a part of the when placed on locations for public use. network. The Bureau of Census of the Depart- There is a close relationship between ment of Commerce in a 1949 publication manufacturer and distributor, an equally discloses that 49,271 slot machines, in- close connection between distributor cluding consoles, with an f.o.b. plant and operator, and a partnership between value of were shipped by operator and premise owner. Between manufacturers in 1947. If distributors the manufacturer and the premise owner handled the bulk of the slot-machine there is no direct relation, nor does the output, they sold to operators and manufacturer often come in contact with about $16,000,000 worth of machines. the operator. But when trouble is brew- The Bureau of Internal Revenue has ing, and law enforcement officials spring indicated that for the fiscal year ending sporadically into repressive action, the June 30, 1949, a $100 coin-operated network unites for concerted defense. gaming tax was paid by 69,786 premises The general public believes that the in the United States. This figure does industry is controlled largely by gang- not reflect the number of machines in sters. This belief is misguided. At the operation on these premises, since the manufacturing level we find educated Bureau issues only one tax receipt to men, active in civic and church affairs, each premise, regardless of the number who contribute generously to charity of machines in and are often socially prominent. To determine the total number in op- At the distributor level are men whose eration, the figures from Wisconsin, a primary business is the sale of legitimate typical slot-machine state (until coin machines. In many instances, when its drastic law was machines constitute only a small part of can be taken as a basis for their gross sales. Some refuse to dis- estimate. In 1944. the Federal gaming play slot machines, dislike handling tax was paid by 5.596 premises on them, but insist they must sell them to 225 machines in this state. This is satisfy customer demand. Many of slightly less than three machines per these men are also highly respected premise. Illinois figures support this members of their communities, but some are alleged to have gangster connections. If this figure is applied to the 69.786 The ten thousand operators claimed premises in the United States, then there for the network are mostly men with are 207,828 slot machines by small slot-machine operations. Many the network. The state of of these are engaged in legitimate busi- for example, taxes slot machines and nesses as well, and are accepted in collects 40 per cent of the gross profits. their communities. However, it is at Some $3,200,000 was collected in 1948 the operator level that we find the from 2,977 slot machines alone, which powerful underworld figure with hun- would place the gross earnings at dreds of machines and strong political 000 or $2,680 annually for each ma- connections. chine, or approximately $50 a week. Another was collected from SIZE OF SLOT-MACHINE INDUSTRY 12,066 one-ball machines, another type What profits are drawn from the of coin-operated gambling device (to be slot-machine network? Fairly accurate discussed later). The California Crime SLOT MACHINES AND GAMES 65

Commission in its Second Progress Re- due essentially to apathy on the part port also arrived at the $50 figure in of the average American towards wide- discussing slot-machine operations in spread gambling and corruption. It is California. Several former operators an apathy bordering on lawlessness, and interviewed agreed that this figure is the thriving slot-machine industry is near the national average. only one of the symptoms of this moral n- If the weekly figure is applied to illness. With this apathy as its strong- 207,828 estimated machines in the est ally, the companies justify their ex- >y United States, the network's annual istence on the ground that the public rs total gross profits are $540,352,000. wants slot machines. This argument Unquestionably, the gross earnings are is comparable to the racketeers' argu- in excess of this figure. There are ment during the prohibition era. s. thought to be more than 69,786 premises Another major ally of the slot- with machine installations. The aver- machine network is the large number of age premise owner operating slot ma- incompetent or corrupt local officials chines is not above ignoring tax formali- who, in most of the states, are solely es ties, and there is no criminal prosecu- responsible for enforcing the state anties tion provided for failure to pay the gambling laws. The slot machines' fab- in slot-machine tax. Furthermore, the tax earnings make available to the le is loosely enforced because investiga- network enormous cash funds with o tion is left to the Alcohol Tax Unit, which to control and corrupt local of- which is primarily concerned with the ficials. Certainly, in most localities, the many Federal liquor taxes. Allowing network is not above this practice. The for a reasonable margin of error in these network is well aware that a law is no calculations, the gross "take" of all better than its enforcement. the slot machines in the country may be For these reasons, the slot machine placed at one billion dollars per year. is an important social and political While the bulk of these profits goes to problem, not only because it draws from the network, a large percentage goes ex- the American public hundreds of mil- clusively to private clubs. Such organ- lions of dollars annually, but because izations, using the slot machine as a it the integrity of many revenue-raising measure, place them- public officials and helps finance selves above the law, except in the few ster and underworld operations. The states where slot machines are legal in slot machine has thus become a threat clubs. The "club" business has been to government. shrewdly developed by the manufac- Of course, not all law enforcement turers, not only because it is profitable officials follow this pattern. Most are but also because it lends respectability competent, determined, and above re- to the slot-machine business. proach. But often this type of official has difficulty in suppressing slot ma- PUBLIC APATHY AND OFFICIAL chines because present-day CORRUPTION laws are inadequate. Most of the antigambling laws are at least thirty Of course, these enormous profits pro- years old, and some antedate the Civil vide adequate incentive to operate slot War. machines, but how does the slot machine When a slot machine is placed on a industry continue to be big business premise in a state forbidding its use, it after fifty years when it is almost uni- is, in most cases, the consequence of a versally illegal? This phenomenon is conspiracy between the operator and 66 THE ANNALS OF THE AMERICAN ACADEMY the owner of the premises to evade the ment of the failure of local government," state's criminal law. While both parties and he stressed that "commercialized are in violation of the law, the operator gambling with its attendant corruption is rarely, if ever, punished. It is the and corroding disrespect for law is premise owner or whoever has custody even more dangerous." of the premises at the time of the raid New York, with double pop- that is prosecuted. Thus, the law op- ulation, had only 624 premises paying erates, though not intentionally, so the tax. Other states, in grappling with that the operator goes virtually un- the problem, have adopted legislation molested. designed specifically to eliminate the slot machine, but by far the most ef- MOVEMENT TOWARD SUPPRESSION fective has been enacted in Wisconsin. Passed in 1945, the law has virtually Although the network continues to eliminated the slot machine. In 1944, prosper, there is a definite movement Wisconsin had 15,225 slot machines in toward the suppression of slot machines. 5,596 premises on which a Federal gam- One of the first major blows was struck ing tax of $100 had been paid. In by the Federal Government when, in 1946, the first year after the new law it enacted a tax on gaming devices went into effect, only 14 premises were of now $100. This tax was levied listed. In 1949 the Federal Govern- for revenue purposes, but it developed ment reported that taxes had been paid into a penetrating spotlight on the ex- by 27 premises, and 24 of these were tent of the slot-machine network. located on Indian reservations under The Federal tax produced much un- Federal jurisdiction, and have since desired publicity for the network, and, been eliminated. as a result, brought about other signifi- The Wisconsin law has achieved these cant developments. For example, fol- amazing results in two ways. First, it the publication in September invests the State Treasurer with the 1949 of the names and addresses of the same powers conferred upon sheriffs and establishments paying a Federal gaming municipal police officers to enforce the tax, state officials in several states is- antigambling laws. The Division of sued statements against slot machines, Beverage and Cigarette under and some even by-passed local officials his jurisdiction, has under constant to enforce the law. surveillance taverns, night clubs, and Early in January Governor other establishments selling liquors and E. Stevenson of Illinois, in his re- cigarettes, all lucrative locations for port to the people of the state following slot-machine operations. Thus, the Wis- his first year in office, bluntly declared consin law recognizes that local officials that commercialized gambling was the cannot be given sole responsibility for "top headache" of his administration. the enforcement of the antigambling Illinois is the leading slot-machine state, laws, and that the slot machine is most with 6,691 premises listed by the Gov- effectively suppressed by both local and ernment as paying the $100 gaming tax. state forces working in concert. The Governor stated that in those coun- The second part of the act aims a ties where gambling "never stops, the devastating blow at the slot-machine in- State is under incessant terests by providing for the revocation pressure to come in and take over local of all state liquor and municipal food law enforcement." He said the situa- and beverage licenses where slot mation was "a dangerous acknowledg- chines are found in licensed premises. SLOT MACHINES AND GAMES 67

The tavern and restaurant owner's prin- the operation of slot machines. Nevada cipal asset is his liquor and food li- permits all types of gambling; Idaho has censes, and he is reluctant to do any legalized slot machines on a local refer- thing that will jeopardize his right to endum basis; Washington and Montana stay in business. permit slot machines in "private" In 1947, Minnesota amended its anti- and the Maryland legislature has legal- slot-machine law to include the revoca- ized slot machines in two counties of the tion of all licenses for offenders. The state. law, though modeled after the Wis- But even in these states, apparently, consin act, does not delegate to a state the licensing of slot machines is not a official concurrent jurisdiction with local satisfactory solution to the problem, authorities to enforce the antigam- according to some officials. Under the statutes, and falls short of the Idaho Slot Machine Law, enacted in Wisconsin law in several other aspects. 1947, substantial revenue was received Nevertheless, the Minnesota revocation by the state and those cities which law has been highly effective. The elected to license slot machines. How- Federal Government reports that for ever, on January 1, 1949, Twin Falls, the fiscal year ending June 30, the Idaho canceled all slot-machine licenses Federal gaming machine tax was paid and thereafter prohibited operation of on 621 premises as compared to 5,609 the machines. Four other Idaho cities in 1946, before the new law went into Nampa, Rupert, and Pocatello effect. taken similar action. On Janu- What is happening to the network in ary 4, 1949, Governor C. A. Robins of the face of this persistent, however Idaho asked the Idaho legislature to slow, movement to suppress slot-machine repeal the 1949 slot-machine act, stat- operations? If the number of premises ing, "The state cannot gamble itself into taxed by the Federal Government is an prosperity." The legislature, however, indication, the industry is losing ground. refused to act. For the fiscal year ending June 30, 1949, The Twin Falls police commissioner the number of premises paying the Fed- reported that many of the slot machines eral slot-machine tax was the lowest were controlled by a syndicate and that since the tax went into effect in 1941. the owners of the machines were de- The highest figure reached was 85,987 frauding the city (which had licensed premises in 1943. In 1947, the figure the machines at 50 per cent of the gross was 84,088; in 1948, 71,511; by 1949 proceeds) of its share of the proceeds. it had dropped to 69,786. The commissioner reported an increase in the number of armed robberies, and QUESTION OF LICENSING added that "relief agencies said their rolls were growing and that the slot One solution to the slot-machine prob- machines were a contributing factor. lem often offered is the legalization, li- Businessmen reported an increase in censing, and regulation of slot machines overdue accounts." by states and municipalities. This is In Iowa, Attorney General Robert L. said to be the slot-machine network's Larson, after several weeks of an anti- program, and this approach to the prob- slot-machine campaign at the end of lem is supported by a considerable num- 1949, declared that professional men and ber of outstanding citizens sincerely businessmen throughout the state re- interested in good government and civic ported that business was better and I betterment. Today, five states permit old bills were being paid. 68 THE ANNALS OF THE AMERICAN ACADEMY

Other states have experimented with cluded a meter which permitted the slot machines and ultimately suppressed location owner, if he desired, to record their operation. The devices were li- the number of free plays which he re- censed in Florida for two years deemed in cash or merchandise. and were brought into Louisiana After the war it became apparent to during Huey Long's but economic the manufacturers that the pinball distress and racketeering caused both game's greatest appeal was as an amuse- these states to outlaw the machines. ment device, and that the majority of pinball machines in the country were HISTORY OF GAME being so operated. Further, manufacturers realized that in those locali- Some consider the game to ties where the machines were operated be a gambling device and part of the as petty gambling devices, their indus- slot-machine racket. However, the pin- try was doomed. A survey made by ball business is today part of the coin- one of the leading manufacturers dis- operated amusement industry. closed that 90 per cent of the operators The first pinball game was manu- were using pinball machines as amuse- factured in Youngstown, Ohio about ment games only. As a result, all pin- 1929. It was a simple, mechanical, ball manufacturers eliminated the meter bagatelle game, bearing no resemblance to assure that their games could not be to the modern version. Unlike the slot readily used for awarding prizes. machine, the pinball game was originally designed for amusement only, and THE ONE-BALL GAME had no gambling feature. In 1931 the first pinball games were One slot-machine manufacturer, shortly manufactured in Chicago, and today all after the war, eyed the widespread ac- pinball games are manufactured in that ceptance of pinball games and set his city. By 1933 the machines were designers to work on a gambling ma- electrically operated and flashing lights chine which would have all the appeal and sound effects were added. and earning power of a slot machine, In 1934, for the first time, pinball and yet be acceptable as a pinball game I machines were constructed to pay out by law enforcement and licensing of- cash for winning scores. Although the ficials. The result was an ingenious earlier models had been universally ac- machine which was like a pinball game ecptable, the first cash "pay-off" models in general appearance only, but was able were prohibited in most cities. The to rival the slot machine in earnings. newer models were then designed to pay The machine was called a "one-ball" off in slugs (redeemable over the coun- game, because it offered only one ball and when this subterfuge did not for play, as distinguished from the five work, machines were built which ejected balls used in the pinball machine. The tickets for winning scores. one-ball's cost was roughly $700 as These gambling features were soon compared to for the pinball ma- abandoned, and by 1937 or 1938 the chine. Because of its price and gam- "replay" or "free play" pinball machine bling feature, the one-ball has been made its appearance. This game per- placed in the "console" class in the mitted the player to continue playing and is never referred to as a pin- the machine without inserting addi- ball machine except when an amusement tional coins, as a reward for successful license is sought. The one-ball device play. As first devised, the machine in- is manufactured in two models; one SLOT MACHINES AND GAMES 69 ejects nickels automatically like a slot themselves from the gambling part of machine, and the other uses the replay the coin-machine industry, and through meter. their trade association, Coin Machine Most officials quickly recognized the Institute, have embarked on a vigorous one-ball as a disguised slot machine, and anti-slot-machine and antigambling pro- it was banned in many parts of the country. However, in some cities the Coming from within the coin-machine manufacturers and operators were able industry, this attack has placed an to persuade authorities to license the authoritative and compelling weapon in devices as an amusement game. Those the hands of public officials and others cities are known in the trade as "one- interested in suppressing slot machines. ball territory." Increasingly, public of- Since this program has been in effect, ficials are learning more concerning this the slot machine, console, and one-ball machine, and the one-ball territory is manufacturers have formed a trade as- gradually being narrowed. In the past sociation under the name of the Ameri- year, many cities have prohibited these can Coin Machine Manufacturers' As- devices; the Supreme Court of Wash- sociation, with headquarters in Chicago. ington and the Attorney General of Oklahoma in the last two months of DEPRESSION IN PINBALL INDUSTRY 1949 held them to be illegal. Because the pinball manufacturers AMUSEMENT MACHINE MANUFAC- engaged in war production, there was a TURERS FIGHT GAMBLING tremendous demand after the war for pinball games, which was satisfied The pinball and other amusement within a two-year period. Since that game manufacturers recognized that the time a depression has struck the indus- one-ball and the slot machine were try, which accounts for the fact that five competition which they could not meet. of the pinball manufacturers have de- In slot machine, console, or one-ball serted the field for other types of amuse- territory, the amusement machines, in- ment games. The depression has re- cluding pinball games, disappeared com- sulted from loss of many foreign mar- pletely. Where gambling devices are kets and inflation in this country. The licensed, the conventional pinball games pinball operator cannot raise his price, are virtually unknown. The pinball since the nickel is still the heart of the game with a national average weekly pinball industry. gross of approximately $15 cannot compete with the slot machine's or one-ball QUESTION OF FEDERAL ACTION machine's tremendous earnings, which can run as high as $400 weekly. Be- Although the Federal Government cause the general public often links the imposes a $100 tax on slot machines, it pinball machine with the slot-machine has taken no other steps toward regu- racket, anti-slot-machine campaigns The Federation of Tax Administrators, an have often resulted in subjection of pin- organization made up of the revenue com- ball games to restrictive legislation missioners of the forty-eight states, in its Re- and high taxes, with a resulting loss of search Report 24, entitled State Taxes on sales. Gambling, published February 1949, states For both of these reasons, the pin- that pinball machines and other types of games are designed for diversion only and "com- ball and other amusement machine man- prise essentially a reputable branch of the ufacturers are determined to divorce amusement industry." 70 THE ANNALS OF THE AMERICAN ACADEMY lating or suppressing this gambling shortly be called on to provide an an- device. swer, as a bill to prohibit the shipment It has often been asked, If the slot of slot machines in interstate commerce machine is a menace to our communi- has been introduced in the House by ties and a threat to good government, Representative Preston of Georgia. If why doesn't Congress do something the measure is enacted into law, and about it? Undoubtedly, some members state laws modeled after the Wisconsin of Congress regard such action by the Act are passed by state Federal Government as an invasion of legislatures, the bells may soon toll for state rights. However, Congress may the slot-machine network. Lotteries Yesterday, Today, and Tomorrow

By ERNEST E. BLANCHE

HE $64 question making the rounds terpretation of the lottery as a gambling these days is: Should the United device and therefore no legal sanction; States establish a legalized national the other is the wide-open conduct of lottery? lotteries every few minutes in Nevada, While most people are inclined to where all forms of gambling have been answer "yes" or "no" without giving legalized. the matter much serious consideration, But let us look into the history of the the question is not one that can be lottery before we decide whether or not passed off lightly. Indeed, there are so there should be a legal lottery. many ramifications of the subject of lotteries that even those who are in YESTERDAY'S LOTTERIES favor of national lotteries urge caution The original lotteries way back in the in the establishment of the events. old Roman days were joyous affairs. There is reason enough to be cautious, Hosts of parties and entertainments for all lotteries are a form of gambling, always distributed gifts to their guests adjusted or scaled to meet the pocket- by means of drawings for which each books and the propensities of the gam- guest had a free ticket. This custom bling public. Strictly speaking, a lot- became quite popular and spread tery is any event in which participants throughout Italy. From that beginning, pay money or other consideration for commodity lotteries were arranged by the privilege of competing for prizes merchants to dispose of unsalable goods. which are awarded on the basis of With the Italians so lottery-conscious, chance. It is for this reason that manu- the first money lottery in at facturers who conduct contests always Florence was an immediate success. insist that with your box-top or empty Northern Europe and Britain accepted carton you submit something "in twenty- this Italian innovation to raise money five words or less." for public works. Under the guise of charity or religion, When Queen Elizabeth proclaimed many civic and social organizations the first English lottery in drawn presently conduct forms of lotteries for at the west door of St. Paul's Church, the purpose of raising money, and many the rules of the drawing provided, as in municipalities and counties have legal Roman times, that each person who provisions for such games. Bingo, bank bought a ticket should receive a prize. night, raffles, drawings, and guessing Tickets sold for ten shillings (about contests are established gambling games $2.50), and the prizes ranged from 50 that are conducted in many churches, cents to $25,000. The early English schools, civic clubs, and business asso- lotteries, up to 1694 when the Parlia- ciations, as well as organizations which ment approved the Million Adventure, have no intention of using proceeds for were authorized by Royal Proclamation worthy purposes. or Letters Patent, one of which con- Throughout these United States, reac- cerned America. In 1612 the Virginia tion to the lottery fluctuates between Company of England was authorized two extremes. The one is a strict in- to hold a lottery to raise money "for 71 72 THE ANNALS OF THE AMERICAN ACADEMY the present plantation of English colo- the necessary functions of the govern- nies in America." Early French gov- At one time or another, all thir- ernment lotteries were looked with teen colonies established and operated suspicion because the King was a win- lotteries; but as early as 1682 the ner in 1681. Quakers of Pennsylvania passed an act Thereafter, European lotteries had a against lotteries, cards, dice, and "such checkered development. The respec- like enticing, vain and evil sports and tive governments permitted individuals games." The Quakers put teeth into to conduct lotteries to dispose of un- this law when they passed a more dras- wanted or unmarketable articles, no- tic version in 1705. However, the tably objects of art. Later they per- Queen of England, acting on the advice mitted businessmen to operate lotteries, of the Privy Council, repealed the act with the result that lotteries became of as an "unreasonable restraint on the medium of large-scale gambling. the King's Subjects from taking inno- Sharpers and racketeers initiated a sep- cent Diversions." But the rumblings arate betting system, called "insuring," against lotteries were being heard else- which was based on the government where. lottery drawings, but from which the A group of ministers, meeting at Bos- government derived no income. In ef- ton in May 1699, published their serious fect, these racketeers illegally cornered consideration of the lotteries, summing most of the play, and the government up their judgment that "in a lottery so realized less and less. By 1823 England contrived, that when all prizes are had its fill of lotteries, regurgitated, drawn, they do not make up, and fetch and passed a law abolishing the govern- out, near the whole sum that was de- ment lottery after 1826. posited by the adventurers, there is a Other European have al- plain cheat upon the people." ternately abolished the lotteries, re- But while these few isolated voices established them, re-abolished them, and were being raised against the lottery, so on. the gambling fever flamed high through the colonies. Most of the lotteries were In American history run to finance roads, bridges, Americans were exposed to lotteries and schools. In 1750 Connecticut used from the very beginning. The Virginia a lottery to raise money for a new build- Company, having launched its English ing at Yale; Columbia University's colony and having replenished its treas- predecessor, King's College, was founded ury with funds from the 1612 lottery, with funds largely derived from a lot- sent Sir Thomas Gates back to England tery; and such institutions as Harvard, to plead for supplies. Out of this ex- Dartmouth, Brown, William and Mary, pressed need, there developed a recom- and Union benefited from early lotteries. mendation in for a "great lottery" During the Revolutionary War the to supplement the "running lotteries" of Continental Congress authorized a na- smaller adventures being conducted in tional lottery to raise ten million dollars, St. Paul's Churchyard. However, the but this lottery was unsuccessful and "great lottery" was unpopular and after was discreetly called off. a few years was overthrown, while the By the the lottery had achieved "running lotteries" continued. tremendous popularity, and during the The American colonists followed their single year of 1832 approximately 420 English contemporaries in setting up lotteries were drawn in eight states, ac- lotteries to raise funds for carrying on cording to the Boston Mercantile Jour- LOTTERIES YESTERDAY, TODAY, AND TOMORROW 73

The total sum paid for tickets in tional lottery in 1898 when the United these lotteries was 66 million States military governor abolished the five times the expenses of the Federal old Spanish provincial lottery, Puerto Government for that year. Ricans agitated for the scheme until the It is interesting to note that when Puerto Rico legislature approved it in Thomas Jefferson found himself in dire 1934. Though the United States re- financial straits at the age of 83, after tained the power of veto over territorial having served eight years as the Na- legislation, the United States Congress tion's the Virginia legislature failed to exercise this prerogative, and in 1826 authorized him to conduct a lot- the Puerto Rico lottery began operat- tery to dispose of real estate. However, ing that same year. the scheme was abandoned after Jef- Government lotteries are conducted death a few months later. in many countries of the of Central and South America, Spain, The turn of the tide Italy, France, Russia, China, Australia, and Turkey, to name a few. These lot- The combination of the financial teries differ in price, conduct, and drain on the economy, the use of spuri- awards, but essentially they consist of ous and fraudulent lotteries, and the the selection by chance of numbers or increase in crime and poverty brought tickets which entitle some few ticket about the establishment of many so- holders to cash or bond prizes. cieties for the suppression of lotteries. In the United States there is no na- In 1833 Pennsylvania and Massachu- tional lottery. Present Federal laws setts passed acts prohibiting lotteries prohibit sending lottery tickets or in- and the sale of lottery tickets; New formation through the mails or trans- York followed in 1834; and by 1840 porting them from state to state, and many other states had joined the restate laws prohibit the manufacture, form. The Southern States continued distribution, and sale of lottery tickets. to tolerate lotteries on a small scale, and Any proposal to set up a national lottery after the Civil War they endeavored to would have to provide for exception use them as a means of raising funds; from the existing Federal and state laws but public indignation stamped them herculean task, to say the least. out, the last embers dying in Louisiana Legal lotteries in this country, ex- where the Louisiana State Lottery, char- cept those in Nevada, are relatively tered in 1868 for years, gave up its minor municipal events for merchandise, fight for an extension in 1890. such as bingo or drawings for automo- Congressional action in 1890, for- biles, television sets, or similar prizes. bidding the distribution of lottery ma- Such lotteries are subject to the ap- terial and tickets through the mails, proval of local authorities under city sounded the death knell of the lottery, ordinances usually set up to permit while the 1895 action forbidding inter- fund-raising for worthy purposes. Oc- state transportation of tickets was the casionally local sponsors violate the law coup de grace. by offering cash prizes, sending notices through the mails, or making excessive ' TODAY'S LOTTERIES charges for playing. Since such bingo games and drawings The only government lottery now op- are considered smalltime, they are sel- erating legally under the American flag dom supervised by authorities and are is in Puerto Rico. Deprived of a na- often engaged in by children who 74 THE ANNALS OF THE AMERICAN ACADEMY thereby develop an interest in and at- amount from SO cents upward that they traction for gambling games. can pick winners of college or profes- All other types of sional football games. Any element of pools, baseball pools, numbers game, skill is erased by the "handicap" or policy game, sweepstakes, chain letters, "spot" which the operator attaches to pyramid clubs, and a myriad of varia- each team. As a result of the wide ap- prohibited by law, but the peal of the sport, betting cards find operators who conduct these gambling their way to every village and hamlet games surreptitiously distribute their in the country, embracing as many as tickets through "runners" with shady 25 million players. (Depending on the pasts and questionable futures. number of winners a player tries to pick, The numbers game (known also as the operators pocket from 37.5 to 80 per policy, clearing house, the bug, butter cent of all the wagers.) and eggs and other names) operates The summer variation of this gam- every day except Sunday throughout bling game is the baseball pool, usually the year, players wagering anything built around the thirty-two teams of from a penny upward on a three-digit the four largest leagues in the country. number (000 to The daily win- Combinations of four or five teams are ning number is determined, according sold, and prizes are awarded for daily to the locality, by a clearing-house and weekly high total runs or low total figure, stock-exchange activity, some runs. Considering the fact that there sequence of horse-race betting pay-off are 35,960 different combinations of figures, or some similar public an- four teams and 201,376 different com- nouncement. (Operators take from 46 binations of five teams, the baseball to 64 per cent of all money so pool offers almost the same setup as Sweepstakes tickets sold in the United the old European lottery. (Operators States are usually counterfeit, the pro- take from 50 to 80 per cent of the ceeds finally reaching some racketeer's money wagered.) pocket. It is an achievement indeed Local drawings for merchandise are when a person can get his wager into as pernicious as the other gambling Ireland's legal sweepstakes, for it is a games, for ticket sellers offer such in- Federal to bring such tickets cents for one ticket or here or to sell them or send them back five tickets for a dollar. Players buy to Ireland. many tickets in the hope of winning, While the Irish sweepstakes is best with the result that $10,000 worth of known in this country ($2.50 tickets for may be sold for prizes worth in chances to win prizes going up to total only $2,000. Suit and blanket 000), sweepstakes and lottery tickets clubs, in which players pay $1.00 a week representing events in other countries for a weekly drawing, are illegal lot- are also circulated surreptitiously. The teries. Chain schemes for distributing annual value of such foreign sweep- and selling are variations stakes tickets has been estimated at of the illegal chain letter. The pyramid various times to run as high as a billion club scheme is simply a modern version dollars, but there is no yardstick by of the chain letter, providing pay-offs to which an accurate figure can be ob- only of 1 per cent of the partici- tained. pants. Perhaps the greatest lottery attrac- It is often the gambling spark ignited tion in these days is the football pool, in a city or town during the conduct of where gullible Americans bet any such events that fans into a flaming de- (I LOTTERIES YESTERDAY, TODAY, AND TOMORROW 75 sire for and support of "big-time gam- cember 1941, Senator Thomas bling" and the national lottery. proposed that the Government sell "Remember Pearl Harbor Savings TOMORROW'S LOTTERIES Certificates" in $1.00 denominations for $1.10, the extra 10 cents representing What will tomorrow's lotteries be the price of an attached numbered cou- like? Well, just look at some of the pon for a monthly drawing of prizes in schemes that have been offered by Con- defense savings bonds. The certifi- gressmen and other reputable citizens cates themselves would be redeemable who advocate the national lottery. at any time for $1.00 or could be used The depression days of the thirties to purchase savings bonds. brought forth a number of lottery bills, Representative Knutson (R., the first in June 1933. The national in February 1942, introduced a measure lottery bill to funds for the Vet- which after the emergency would be erans Administration, introduced by used to finance an increase in old-age Representative Kenney (D., N. pensions to $60 a month, the plan being came up for extensive hearings in 1934, to have post offices sell tickets at $2.00 but the Ways and Means Committee each (half-tickets $1.00) for a monthly failed to act on it that year or the fol- drawing. lowing three years. Though Kenney In March 1942, Representative Sab- circulated a petition in 1937 to dis- ath introduced a resolution charge the Committee from further con- calling for sale of $1.00 lottery tickets. sideration, he was unable to get the nec- Of the gross income, 50 per cent was essary signatures to bring the measure to go to the Treasury Department as to the floor. Speaker Rainey summa- miscellaneous receipts and 37.5 per cent rized the opposition when he said, "The to prize winners cash, two- country has not yet been reduced to thirds in twenty-year war the extreme of accepting such a revenue the remaining 12.5 per cent being re- measure." turned to nonwinners in "non-interest The Kenney bill provided for the bearing, negotiable script, certificates or sale of lottery tickets at $2.00 each, other evidences of indebtedness matur- of which the Veterans Administration ing 20 years from date of issuance." would retain 80 cents (40 per cent), The preamble of Representative Sabath's the remaining $1.20 being distributed proposal states that "this sale of tickets in prizes. In order for the Govern- should provide the Federal Govern- ment to gross one billion dollars, it ment with several billion dollars as well would have been necessary to sell as being a medium of checking infla- tickets, which at that tion." This was interpreted by many to time was equivalent to about ten tickets mean that the Government was being for every man, woman, and child in the asked to cheat people out of money United States. The cost of conducting which they might use for other purposes. the lottery and selling tickets would In Representative Sabath have reduced the Government's gross dusted off his national lottery plan, re- income by as much as 50 per cent, vised the myth about billions of dollars though such costs would probably have for the Government in the lottery busi- been hidden in the maze of Federal nes, and suggested that winners be paid appropriations. in war bonds rather than cash. The Immediately after Pearl Harbor the Associated Press quoted him as say- flow of lottery bills increased. In De- ing, "People have a lot of money. They 76 THE ANNALS OF THE AMERICAN ACADEMY can't spend it because many of the knowledge or skill, such as quizzes or things they want aren't available, and slogan contests. if we can siphon some of it off into the Treasury in an honest gambling propo- FRANKENSTEIN sition, nobody will suffer." MONSTER I Early in 1949 Representative The entire cycle of the ups and downs ente (D., N. Y.) submitted a bill for a of the lottery has been traversed, and national lottery for the benefit of dis- many people are ready for another ride. abled veterans. The proposal called The worthy purposes which won support for the sale of tickets by the Post Of- for the lotteries hundreds of years ago fice Department for monthly drawings, are being cited in this new American at which there would be forty winners drive for legalized gambling. The pres- of $3,000 cash each. Of these ent situation boils down to the use of winners in a year, one would be selected the tenet that the end justifies the for a tax-free annual grand means. prize. Earnings from the lottery would Morally and legally wrong and out- be placed in a special fund for use in lawed, lotteries do more than mulct the construction of veterans' hospitals and rich and poor alike; lotteries change the for the care of disabled veterans of all very pattern of living, distort the sense wars. of values, and incubate the eggs of While the Treasury Department has crime. Examine the sociological and not commented on war-bond lotteries by economic implications of the lottery, the Federal Government, it has disap- and you will behold a Frankenstein proved the use of war bonds as prizes in monster capable of consuming both private lotteries, pinball, those who run the lotteries and those and "other games of chance where an who play them. The financial returns, element of personal profit is involved insignificant in proportion to the either directly or indirectly." The income or the Federal expendi- Treasury Department has indicated no tures, are like the thirty pieces of silver objection in the case of contests of paid for the betrayal.

Ernest E. Blanche, Ph.D., North Chevy Chase, Maryland, is chief statistician for the Logistics Division, General Staff, United States Army, and is a special lecturer at American University. He has also taught at universities of Illinois and Buffalo and at Michigan State College. During the war he served as chief statistician for engineering at Corporation and as principal statistician for the Foreign Economic Administration, and helped to establish a Army University at Florence, Italy. He has been gambling games for twenty years, has lectured widely on the subject, and is the author of Off to the Races (1947} and You Can't Win (1949). Gambling Odds Are Gimmicked!

By ERNEST E. BLANCHE

IFTY million adult Americans it's crooked, but it's the only one in gamble regularly, butting their town." heads and dollars against gambling For that latter group of half a million, odds and gimmicks that make it im- there is no hope. No of experi- possible for them to win. But even ence, of continued losses, of explanation continued losses over long periods of or education, will keep them from their time do not deter them from taking self-appointed rounds. But for those another chance or from pursuing the who still retain the powers of reason and mythical Lady of Luck. Nearly all the following summaries of these gamblers are motivated by the the more popular ways of losing money desire to get something for nothing, may male each suggested game a loath- or to "get rich quick." Blinded by the some, sickening purgative. prospect of huge returns from small wagers, they fail to realize that there BINGO, AND POOLS are two reasons why they cannot win. First, the mathematical odds or prob- Twenty-six million Americans play abilities in all gambling games are so de- bingo, buy lottery tickets, take part in termined that only the operator or pro- raffles, or attempt to beat the football and prietor or bet-taker can win during the baseball game pools that are so widely continued conduct of the games. This circulated. Bingo, just as much a gam- mathematical advantage runs from a bling game as the lottery, has such great minimum of 1.5 per cent to a maximum appeal because there is a winner in each of about 90 or per cent. Expressed game; but the players fail to realize that in layman's language, that means that the prize is usually worth less than half the operator or proprietor or bet-taker of the money paid by the players. devours from 1.5 to 95 per cent of all Thus, the bingo operator pockets a the money wagered by players. profit of 50 to 80 per cent. As if that were not enough of an ad- Lottery and raffle tickets are widely vantage, the "professional" operators sold to people who hope to win prizes use various types of gimmicks and that are worth somewhere between 20 gadgets to control their games and give and 40 per cent of the total proceeds. the players no chance of winning. Such For such large lotteries as the Irish games are known to members of the sweepstakes, racketeers print counter- "trade" as "fixed" or feit tickets by the thousands, with the Only one gambler in a hundred knows result that most Irish sweepstakes that the odds are stacked against him. tickets sold in the United States are In spite of this knowledge, such gam- fraudulent. Even in the blers continue to play. While some can sweepstakes in Ireland, only 20 per afford to pay huge amounts for such cent of the total money goes to the "amusement," the majority are like Irish hospitals, and 20 per cent to the "Canada Bill" Jones, who, when warned few winners. The remaining 60 per by a friend that he was playing in a cent goes to the operators and ticket crooked game, remarked, "Hell, I know sellers. 77 78 THE ANNALS or THE AMERICAN ACADEMY

In football and baseball pools, the While card games are considered by percentage "take" by the operators often many to be even that is far runs as high as 80 or 90 per cent. Try- from the actual case. In most card ing to pick winners out of the football games, the "professionals" often use selections offered each week is a pain- marked cards, trimmed cards, polished ful pastime. In addition to retaining cards, and hold-out gimmicks for retain- all money when there are tie games, ing certain cards. Manipulators deal the operators grab from to 80 per from the bottom, deal seconds or thirds cent of the wagers when there are no from the top, stack and deliver winning ties, the percentage as the hands to confederates, and perform all player attempts to pick more winners. types of tricks to deceive the unwary and the gullible. DICE AND When gambling houses run games like About twenty-two million Americans faro, black jack, seven-and-a-half, or play dice and cards for money. (Of banker, the dealer always retains an course, there are many more who play advantage even when the game, the cards or dice, but not for money or any cards, and the dealer are fair. This ad- other stake.) vantage runs from 1 per cent to 20 per Most card and dice games are crooked. cent, depending on the game and the Sharpers, switch artists, palmers, and rules. manipulators usually work in groups of two to five in a crooked card game or GAMBLING ON ATHLETIC EVENTS an unbeatable dice game. Members of AND ELECTIONS such groups frequently "switch" phoney Some nineteen million Americans bet dice for the legitimate is, on the outcome of athletic events and dice that always throw sevens and elections where there are usually two elevens; dice that never throw sevens; contestants, and the wagers are con- "tops and bottoms" or loaded dice or sidered to be "even." However, when special shaped dice which are favored wagers are placed with bookmakers, to throw certain totals more frequently the man favoring Team A must put up 6 than expected. Gambling houses often units against the bookmaker's 5. Like- use tables which have a plate that can wise, the backer of Team B must put up be magnetized by throwing a switch to 6 units against 5. If the bookmaker make specially prepared dice throw has equal amounts wagered on A and B, losing totals for players. then he takes one unit out of every Some gambling houses have gone to twelve wagered, regardless of whether great lengths to make the games ap- A or B wins. Thus, bookmakers clear pear honest; but even if the games are at least 8 of the money wagered. honest and aboveboard, the operators take from to 30 per cent of the PUNCHBOARDS money wagered by players, depending Those brightly colored punchboards on how the wagers are made. that are displayed in restaurants, tav- In the standard game erns, newsstands and small shops attract (three dice in a the operator takes about fifteen million adults who pay 8 per cent of all the money wagered. nickels, dimes, and quarters for chances In the game under seven-over seven- to win cash or merchandise. How many exactly seven, the operator takes be- million children spend their pennies at- tween and per cent, depending on tempting to win candy on penny-boards the pay-off on exactly seven. will never be determined. Whether it I GAMBLING ODDS ARE 79 be the adults or the children that play, ber. Though there is only one chance the shop proprietor pockets between in a thousand of selecting a winning 50 and 70 per cent of the cash paid for number, operators pay off at the rate of punches. If he supplies the merchan- only 400 to 600 to 1, depending on the dise for prizes, he takes as high as locality and the play. Since runners to 85 per cent profit, since the merchan- deduct 10 per cent on winners, the num- dise is usually worth only half its bers racketeers thereby take from 46 tagged price. to 64 per cent of the money wagered. SLOT MACHINES AND PINBALL HORSE-RACE BETTING The fourteen million slot-machine ad- Although most of the eight million dicts wage a perpetual losing battle horse-race bettors know that the track with the one-armed bandits, because all takes from 10 to 22 per cent of all the slot machines are fixed to take from 40 money wagered legally through pari- to 80 per cent of the coins put into mutuel machines, they persist in trying them. There is no legitimate or fair to overcome this bite. Of the thousands slot machine, and the operators adjust of systems devised, not one can show them to suit the locale or their needs. a profit over a long period of time. The shiny machines, ranging the Those systems which call for increasing nickel type to the silver-dollar cart the wager after each loss really lead to wheel, provide a rather expensive form the realization that "the more you bet, of exercise. Jack pots are few and far the more you lose." between. Even when the machine op- About half the states have legalized erates under the least take, jack pots betting at the tracks, and these states appear only once in about 4,000 spins. get from 3 to 6 per cent of the money Pinball machines are the little brothers wagered. Track operators get the rest. of the "one-armed bandits," differing But legalized horse-race betting ac- only in the fact that one or two minutes counts for only a small part of such of amusement are furnished for each wagering. For every dollar wagered coin. While the crediting of winning legally at the tracks, a hundred dollars plays or free plays gives a semblance of are wagered illegally with bookmakers "play for amusement only," many op- throughout the country. No system of erators pay out cash or merchandise control will ever eliminate the book- awards. Since this pay-out feature and makers, because they handle most of the gambling among players and ob- their business from people who tele- servers who surround the pinball ma- phone from offices and shops and stores chine are known only to habitues, pin- with "Five to win on Joe's Mistake in ball machines have not yet attained the fifth at Jamaica." the same reputation as slot machines. CARNIVAL GAMES AND ROULETTE THE NUMBERS GAME Carnival games are strictly gyps. About eight million Americans waste Most wheels are controlled by their time and money trying to beat the the operators, who can make them stop numbers game, a form of lottery which where they please. The milk bottles at is very popular in cities and is which people toss balls are weighted so generally classified as the poor man's that the players cannot knock them off form of gambling. The numbers op- the pedestal. Money games have a 20 erators take bets ranging from one to 40 per cent edge in favor of the penny upward on any three-digit num- carnival. Rolling ball games are rigged 80 THE ANNALS OF THE AMERICAN so that no player can win. In short, their wheels fitted with electrical or you cannot win at carnival games. mechanical devices so that winning An honest roulette wheel with 0, 00, numbers can be 1 to 36, paying 36 for 1, takes about where the big money is not. 5 per cent of the money wagered, but No matter how you try or how long most gambling house proprietors have you play, YOU CAN'T WIN. THE PSYCHODYNAMICS OF GAMBLING 97 present viewpoint, she seemed to have engineers invited to remain with the counted for very little in the lives of the city. children, especially his life, after child- Meanwhile, Paul married a Catholic hood. girl, for which his father forbade him Paul's father was professor of reli- ever to come to the house again, dis- gious philosophy in a small college, and inherited him, and forbade the mother pastor of the local church of his de- and brothers ever to speak of him again nomination. Paul described his father in the father's presence. For about as a modern version of an Old Testa- two years Paul corresponded with his ment prophet, aloof and austere. He mother and brothers through a post of- said, fice box. Then his father died. Shortly afterward Paul's daughter was born, I can remember nothing except my fear and his mother visited the family for of him, and whatever I say about him is prejudiced and colored by that fear. At a few months. one time I thought he just hated us kids, BEGINNING OF GAMBLING especially me, and couldn't stand to have us around. When we were bad or had About that time, Paul being brought home poor marks from school, he old, he went with some of his friends would call us into his study, where we'd one night to a fashionable club. He have to stand absolutely still while he did not drink, and knew very little lectured us about sin, the Devil, Hell and about such places. There was a gaming Heaven, and then whaled the tar out of room, and rather out of boredom and us with his cane. I hated him with all my guts and was glad when I could get away curiosity, he drifted over to a crap table from home. and watched the game, which he understood, having played it in college for At the age of 12 Paul was placed by nickels a few times. While he watched his father in a military school which he got a sudden impulse to play, and he described as a hellhole with before he could check himself he was in bearing instructors disagreeable the game. He won a little at first, then boys, where he "learned every- began to lose. He said, "The whole thing there is to learn about nastiness thing was very unreal to me: I was ex- and rottenness." cited and very much alive." About At age 18 Paul graduated from mili- one o'clock in the morning his friends tary school and went to college on a "went home. He was then low in funds, scholarship awarded because of his so he borrowed some money from one of father's profession. He worked to meet his friends and played until the place his expenses, and occasionally received closed at three when he was a few dollars from his father, accom- ahead. He walked home in a kind panied by a grudging letter. He made of dream, said nothing to his wife or occasional reluctant visits home at his mother about the matter, and the next father's insistence, and was when day he returned the borrowed money. he was mustered into the Army. For the next few days he worked as for about two years he did not have to usual and thought nothing of the inci- make excuses for not visiting the family. dent. But contrary to his custom, he On leaving college Paul secured a did not deposit his winnings in the joint position in a city which was enlarging account he had with his wife, but kept its port facilities. He apparently gave them in his pocket. Toward the end of satisfaction, for when the first assign- the week Paul began to feel restless. ment was finished, he was one of two He said, 98 THE ANNALS OF THE AMERICAN ACADEMY

My mother was still visiting us and wouldn't matter if I lost my winnings. she'd been getting on my I was running sortie real luck and wanted least that's how I excused myself. Any- to stay with it. At first I kept winning, how, before I knew it I was calling my more and more, until I thought I was wife to tell her I had to remain at work unbeatable. But then the tide turned late. That night I ate alone in a resturant again. To make a long story short, when I and then walked to the speakeasy. I stood left that place at three in morning I around a few moments and then started to was cleaned out except for a few dollars play. I was very excited; my hands were I'd saved to get me home. • • so wet you'd think I was washing them, and my heart was going a mile a minute. Confession at home That night Paul soon lost all his When I got to my house I was really money and got home early. The next sick. I woke up my wife and confessed morning he drew from the bank half of the whole thing. She cried a lot and car- the money there, and without calling his ried on, but she forgave me when I prom- wife about coming home, he went ised I'd never gamble again. I swore all straight to the speakeasy from work. kinds of oaths, cried, asked her to believe He lost about a third of his money, but me and finally felt clean enough to go to by midnight had almost recovered his bed. The next day I spent at home with the family, did a few household chores and losses. Another player suggested that began to feel like a new man again, like they go to a larger establishment he someone getting over a sickness. My wife knew, which was open all night and ran was wonderful to me. We told my mother, bigger games. They rode to a who offered to help us where she could cant gambling house just outside the if we needed her. Everything was city limits, which was equipped with all for about a week. Almost a week to the sorts of devices and games that were day after I had sworn off, I was back at new and exciting to Paul. He lost it, this time with the rest of the money steadily, and about five o'clock in the from the joint account. It went fast. morning he was cleaned out and the For almost two years that's the way I lived. I ran through everything we ever "house" gave him cab fare home. He had, what little my mother could give us, continued the story: whatever I could beg or borrow. Some- The next day I went to work as usual, times I'd win and things would look but before I left the house I took the small brighter. At home, there were always solitaire I had given my wife the year tears, scenes, fights. I'd make promises before that was her only piece of jewelry, and break them the next day. My wife a watch my father had given me when I always forgave me and I'd start out graduated from college, and a few other swearing I'd never look at a pair of dice odds and ends. These I pawned on my or a card or a roulette wheel again. But way to the office. That afternoon, around it was no use. I had the fever and couldn't two o'clock, I pretended to be sick and shake it. When I was winning I couldn't left work [and went to the suburban stop and when I was losing I couldn't My intention, of course, was to stop. I realized what this was doing to recoup my losses and quit. I told myself my and kid, but nothing seemed to that if I could once get even I'd never matter. Finally, I lost my job. They gamble again. All I wanted was to be fired me for inefficiency because I was able to get back the money I'd lost the paying no attention to my work. When night before, return it to the bank and take this happened I saw what I had to do. the jewelry out of hock. I soon had more One day I left the house ,as usual, pre- than enough to do this, but of course I tending to look for the way, my didn't quit. I got ambitious once I passed wife was working at the and I just the mark I set myself, and thought it never went back. THE PSYCHODYNAMICS OF GAMBLING

I've done nothing but gamble ever since without hope, and our work together then. I've been way up at the top and began with the handicap of his dis- way down at the bottom. I make prom- belief and despair after he had given ises to myself and break them. I've never his hesitant consent. really been able to quit, no matter how far I've been ahead or how far I'm be- ANALYSIS OF PAUL hind. Once, in the Far East, I swore off and managed to stay off for a few months To recapitulate the psychoanalysis a whole year, as a matter of fact. of the gambler, Paul, would be a lengthy I got a good job with an English outfit and and ardous task. Here, then, I shall thought I was out of it at last. But I do no more than touch on the high was just kidding myself. Believe me, I lights of the many hours we spent in hate it and hate myself. But what can that most intimate of all associations. I do? In the following paragraphs are con- densed almost two years of analysis. WITH DOSTOEVSKI Despite his initial resistance to the As I listened to Paul's hurried re- whole idea of analysis, Paul made a cital, I was impressed with the fact rapid and unequivocal transference. In that the story I had just heard was it, he recognized that he the story of Feodor Dostoevski, at wanted me to forgive him, and that least in its skeletal structure. Word the inferred promise of absolution from for word, point for point, character for the analyst accounted primarily for the character, pattern for pattern, this man fact that his original defenses against was bringing to life, evoking as by the analysis were so quickly overcome. witchcraft, the image of the brooding Behind the analyst soon emerged the Russian novelist. (Even today, as I figure of Paul's father: it was he from write this seven years after my last whom Paul wanted forgiveness. At meeting with Paul, I am impressed with first the trespasses remained vague, but the impressed that in or- a flood 6f memory relating to the ser- der to check my data I have had to read mons and lectures of the father, the another biography of the tortured crea- ineffable boredom of Sunday after- tor of Raskolnikov, Stavrogin, Ivan noons, and the wretched feeling of al- and Prince ways being "under the all-seeing eye Here was same stern of God" gave body to the sense of sin. Paul and his brothers, like Feodor and The very earliest trespass concerned the even had to stand at attention aggressive wish that the father would while the patriarch thundered lessons go away, disappear, be swallowed up and abuse at over- or drowned. bearing, miserly; the same frail mother Here it developed that Paul had been weak, worshipful; the same enuretic to his sixth year, and that his schooling, academy, father's response to it had been a fas- engineering; and, of course, the same tidious disgust. The design and aim sick passion for gambling. But these of the enuresis had been to attract the were not the very words Paul had mother from the marital bed. Because used evoked The Gambler and the of her hearing defect, his cries when he much maligned Anna Grigorievna's soiled annoyed the father. As far as Diary. could be ascertained, it appeared that Consequently, conscious only of these this led to scolding and punishment, curious, challenging parallels, I offered and eventually a technique was worked to analyze Paul. He was reluctant and out which required the mother to arise 100 THE ANNALS OP THE AMERICAN ACADEMY at intervals during the night to take not lightly to be surrendered. care of Paul. An early competition by that curious and magic "reasoning" with the father was thus initiated. peculiar to the psychic processes, the As for the "swallowing up," this was penis was endowed with very special arrived at by the usual in- qualities. It was an instrument for ex- version of the hostile wish Klein has pressing Paul's hostility against his so well But with the ac- father and a means of punishing him- cumulation of knowledge, these at first self. vague notions collected into a power- The last two ingredients in this ful death wish against the father, and, potent sexual stew had been contrib- under the impress of the obsessive re- uted first by Paul's own biology and ligiosity that governed the entire house- morphology, and second by the charac- hold, this was a cardinal sin. In short, ter of the father as it reflected upon much of Paul's chronic psychic activity the boy. As with all bright children, was concerned with poorly disguised Paul had been sexually precocious, and wishes for his father's death, and he the expression of the precocity had be- was consequently dominated by an all- come manifest earlier than in most. pervading guilt. This fact was due to the Very early in his life Paul developed tive use of his in combination an obsessive pattern. He recalled how with the aggressive-provocative and the he used to employ his playtime activi- usual functions. ties in the service of his obsession by In any event, Paul's initial and tenta- compulsive acts. His toys had to be tive masturbating efforts were severely arranged "just so," and his smallest condemned, and thenceforward Paul acts became disguised rituals con- interpreted his male parent's highly ceived and executed to counter the vocal preoccupation with the Devil, Sin, obsessive ideas and wishes. Badness and it was so meant or aimed specifically Second trespass at his (Paul's) onanistic exercises and The second major trespass for which temptations. Now it will be seen Paul sought forgiveness was of a sexual the aggressive-provocative potentiality nature. It was a complex affair, inter- of the organ was increased when it is woven with the first and yet separate considered that Paul actually used it in and distinct from it. Infant and child- this fashion; that is, for hostile pur- hood masturbation had as its uncon- poses and, as it were, in defiance. But scious object the mother, who was later still it served a self-punitive to be hidden behind screen figures as bringing the father's wrath down upon Paul grew older and as the masturba- Paul when he was observed at mastur- tion continued into adult life, through play or when he engaged in it and beyond his marriage. By organ with the very aim of calling down upon association it was involved with the himself, for both the death wishes and enuresis, and when the latter disap- the onanistic trespass, the thunder and peared, self-manipulation substituted lightening of disapproval. for bed-wetting. It evoked the mother The two desires for and provoked the father, thus becoming the father and the masturbatory com- an exceptionally powerful weapon in in the analysis of Paul the psychic armamentarium, and one as the basal responsible agents for the Klein, The of gambling. But, it must be remembered, Children, 1932. neither of them is simple. If anything, THE OF GAMBLING 101 they may be compared with the geneti- death of his father. The secret obses- cist's chromosomes, each enclosing a sive idea that they had been effective full code-script of the destiny of Paul tortured him, and he desperately wanted founded upon its characteristic genie to be unconvinced. Yet, this involved a components, and so complexly inter- terrible dilemma, and one that could be and with each other resolved only when Paul was completely two years of analysis were re- analyzed and so made aware of the un- quired merely to identify them and to conscious question that was a link in indicate their possible effects. the chain of his neurosis. With every cast of the dice, with every turn of the Test of omnipotence card, and with every spin of the wheel, The death wishes Paul had nourished Paul asked this question. Winning against his father from the tenderest was a proof of his omnipotence: it years remained with him until his meant that wishes came true, that one father actually died. Then it was as if could influence the unseen powers by all Paul's hopes and secret desires had one's secret desires and hopes, that been Yet, at the same time, wishes could and did kill. it was also as if the child that Paul had in short, meant an affirmative answer unconsciously remained was indeed om- to the question. Losing, on the other nipotent, and this confirmation of om- hand, meant the opposite, and with the nipotence was hard to bear, since it negative answer came a great relief involved an excessiveness of guilt. So from guilt. But losing also meant the long as the. wishes were there and his shattering of the fiction of omnipotence, father remained alive, burden of a delusion so strong and so deeply em- guilt was not so heavy; but when the bedded that the psychic pain conse- father actually died, the death was un- quent upon its loss is an acute one. consciously regarded as due to the This, then, was a kind of Hobson's wishes that had been such an important choice. Two immensely powerful, if if unacknowledged part of Paul's life. unconscious, motives were at work Now, in the interest of his continued here: one sought relief from guilt, the psychic equilibrium, it became neces- other sought the confirmation of om- sary for Paul to "put this omnipotence nipotence. It would be a mistake to to the test. Obviously, the compulsions say that they alternated. The fact is, he had employed to counter the obses- they coexisted and formed a typical sive thoughts had not worked, for, neurotic conflict. after all, his father had and so a Withal, however, Paul wanted to lose, new series of compulsions were in order. even at the his infantile om- But these had to have as their design, nipotence. As a matter of fact, it was not the countering of the obsessive wish of the utmost importance for his sanity for death, but the denial that the wish that he did lose, since by this he was had caused the death. The death could relieved of the burden of guilt and con- not be denied: to do that would have firmed as to his innocence of causing his been to court insanity. Yet the ques- father's death. If he could have lost con- tion, Did I (my wishes) kill him? tor- as this mented the young man; and this was could have remained at peace. But the one of the questions that took Paul to vicissitudes of chance are such that one the gaming table and kept him there. occasionally wins, and thus, for the in- Paul had to know whether his wishes ner balance to be maintained, it be- had been powerful enough to cause the comes necessary that winning be paid 102 THE ANNALS OF THE AMERICAN ACADEMY for by losing. Nor is a single loss, even great concern with it during his lifetime if it be of the same amount as a pre- and what Paul called his "miserliness," vious win, enough to balance the in- its significance was increased. terior books. The answer to the question has to be clear and unequivocal. Desire mother Thus and finally, Paul gambled to lose. It is time now to turn from the psychic chromosome of the death wish in Significance of money the genesis of Paul's obsessive gambling Paul not addressed this un- neurosis to that of the masturbatory conscious question to the fortunes of complex. It will be recalled that Paul's the also sought to influence history as a masturbator began early its answer. The analysis disclosed that and that many factors accounted for its the money he invested in gambling had persistence. It was a source of satis- a significance beyond the obvious use of faction on a number of scores, and when money as a possession to risk at bet- joined to the enuresis it became a defi- ting. In his unconscious, it represented nite means to an end. When, with re- a bribery. It had the same meaning pression, the mother as the prime sex- for him that the monetary gifts with ual object was replaced in fantasy by which grace and absolution and other substitute figures, and after indulgences were purchased from ec- had completely displaced the enuresis, clesiastical vendors before Protestant- the aims which both of these sought ism had for the folk of that time. It exerted great unconscious pressure. bought for better, was meant None of the tentative sexual excursions to buy for negative answer Paul made a young man were as he so desired. satisfactory to him as solo Beyond this, money unconsciously and even during his marriage he could represented an atonement for the never achieve full sexual satisfaction thought-crime of having desired the with his partner. In the analysis this death of his father. When Paul could much was revealed, as well as the very not obtain it readily, he would, as he significant fact that the fantasies ac- tells us in his history, go to the most companying the act throughout the extreme lengths to get it, engaging in years before and after marriage were actual crime and degrading himself to unquestionably maternal ones. the farthest depths. This was because Therefore, despite Paul's objection it was not only his passport to the to and rather summary treatment of oracle of the game as the place where his mother during the initial recital of his unconscious question could be an- his dismissal of her as unim- swered, but because both bribery and portant in his appeared that atonement became integral parts of his she was not so lightly to be regarded. obsessive neurosis. Indeed, the role she played was equally Lastly, money, by its very nature, is as strong as the part assigned to the a remarkably apt tool with which to father in the development of the gam- implement any compulsion; it can be bling neurosis. Throughout his life, handled, counted, and distributed in a Paul's mother represented the ultimate way that few other instruments for sexual temptation. That he competed combating obsessive thoughts for her with his father is well estab- In Paul's case, because of his father's lished; the enuresis, after all, was de- A further significance of money for signed as a lure for her attention. and for all gamblers will be considered below. But beyond this, Paul feared that his THE OF GAMBLING 103 father knew of his incestuous wishes, he had left home to go to school. Un- and that this also lay in consciously, the act of disinheritance, fact, the meaning strong in- the public proclamation that "he is no junctions against sex inferred in each longer my son," had a secret meaning sermon and in the totality of the father's for Paul, which the reader can easily behavior toward him. An early rein- guess. The possibility was increased forcement of the masturbatory drive re- that the screen figures which had al- verted to an underlying fear of castra- ways served him for his masturbatory tion, with self-manipulation resorted to fancies would now be revealed in their as continual reassurance that Paul had true and horrible identity. So, in the not, as he unconsciously feared, been period just prior to the death of his deprived of his member. father, the young man was threatened Yet even this common form of reas- by the return of what he had so long surance was not enough for him. To repressed. divert his father's attention from Paul's The climax of the anxiety that was so incestuous I strongly stirring within him came with must again stress, he unconsciously be- his mother's visit. As a matter of fact, lieved his father to be aware Paul told me in his first recitation that married his Catholic sweetheart. (This one of his rationalizations for return- is not to say that he was not, when he ing to the gambling establishment the married her, in love with his wife; but second time was because his mother was this motive certainly played no small "beginning to get on my nerves." This part in his choice of just that girl.) He meant more than the words themselves thus unconsciously meant this act as a convey. Actually, his irritation with kind of appeasement of his father, as her was nothing more than the defense if to say that by marrying a girl from he erected to counter the temptation a different faith against which she presented. his father had always expressed unreasonable and violent Parallel satisfactions was making a renunciation of Here we must pause to record a most love for and designs upon his curious and significant fact. Paul, who father's wife. Like all appeasements, had been a chronic masturbator from however, this one miscarried: the father earliest childhood through marriage, did not have the psychic perceptiveness abruptly put a stop to this habit when attributed to him by his son; he chose he began to gamble. In the analysis instead to regard this act in its second he distinctly recalled this, stressing the or other aspect, that of simple defiance, fact that no effort was required to ac- and he forthwith disinherited and dis- complish it, and stating, "It just hap- owned Paul. pened that way." Now gambling and masturbation present a wide variety of Effect of being disowned parallels that spring to the attention Now the disowning of Paul had an with ease. Both are repetitive acts, unintended and drastic effect on the both are compulsively driven, and the young man's future. Paul related that nervous and mental states accompany- until that time he had had only infre- ing the crucial stages in the performing quent contact with his mother; after of each are almost impossible to dif- this, and for the next two years, al- ferentiate. though distant from her, he was closer The parallels between the two are to her than at any previous time since remarked upon consistently by patients 104 THE ANNALS OP THE AMERICAN ACADEMY

under analysis. One, whom I am ana- activity and the superficial significance lyzing at this time, is a habitual slot- of the loss of goods and property. machine player. He has called my at- The clue to what this might have tention to the rhythmic-repetitive na- been will be found in Paul's statement ture of his preoccupation with "the that when he had been forgiven, he one-armed bandits" and to the corre- "felt clean again." What it meant was, spondence between his mental and phys- essentially, that losing was connected, ical states when indulging this pastime in his unconscious, with disapproval and his recollections from adolescence. for his masturbation. The disapprov- This patient has also related "hitting ing agent was, of course, his father. the jack pot" to orgasm, and believes The unverbalized formula that existed the "teasing" nature of each play is in Paul's mind was: If I win, it means equivalent to the masturbating youth's that my father approves of my mastur- manipulations of the genitals with the bation (sexual desire for my mother) unexpressed question, How far can I go and will reward me [see if I without having an ejaculation? Paul, lose, it means that my father disap- too, remarked on the orgasmal nature proves of my masturbation and will of winning, and emphasized especially punish me. the mounting pleasurable tension of the Therefore, when Paul lost, he under- interval between the bet and the out- stood by this that a punishment was in come of the play. The current patient, store for him, a punishment beyond who had also been enuretic, discussed the mere loss of his possessions. The the "stream of coins" that was dis- analysis penetrated to the core of the charged from his with Paul a expected punishment, which was cas- similar but more involved symbolic tration, the ultimate unconscious fear. equation was arrived at. Made frantic by this fear, and desper- So we cannot avoid the conclusion ately in need of forgiveness from some that for Paul, gambling literally took source, Paul had to turn to his but the place of masturbation, in this case the most she could amounting to a transposition of the after all, was not his a habit to a sphere and in a form removed kind of intermittent relief from but related to the earlier compul- gracious pardoning of his transgressions. sion, and undertaken with the design of And this wiped the slate a minimizing the anxiety mobilized by brief while. the threat of the return of the repressed. ' • • -: '• , The phantasy Need jor jorgiveness : A final genie in the sexual That this subterfuge did not work, chromosome remains t6 be considered. however, is revealed by Paul's own It will have been remarked by the statement that he required forgiveness reader that, contrary to the unconscious for his activities when he returned from aim of Paul's gambling from the side a session at the gaming tables. of the death wish, the orientation pro- it should be carefully asked vided the sexual side was toward for this forgiveness only when he had winning. By this time in Paul's analy- lost. This must the sis I understood why Paul had to lose, sis substantiates it beyond and also why he had to win. But I that losing had for him a special sig- remained dissatisfied with the rewards nificance, apart from the social signifi- of what I understood of cance of gambling as a reprehensible a personal reason. THE OF GAMBLING 105

I was then writing a book on crime fallen. In this dream, this phantasy and was collecting data on the role spun in the far reaches of the mind as of alcoholism and drug addiction in it made bets, calculated odds, and criminal behavior, and had uncovered sought to penetrate the intentions of an what I believe to be a central feature of opponent, Paul was everything and had alcoholism, to which I have given the everything he never was and never had. name "the alcoholic phantasy." By this term I mean that the psycho- THE FINALE analytic exploration of the alcoholic With the revelation and examina- (and the drug addict, too) never fails tion of the phantasy, the last piece in to disclose that he cherishes an infan- the mosaic of Paul's gambling neurosis tile, sort of daydream or fell into place. The remainder of his reverie which it is one aim of his in- analysis, the reintegrative part, is none dulgence to evoke. This phantasy our concern here. regularly stems from, and can be traced Through analysis, Paul entirely re- back to, the omnipotence experienced in covered from his illness. After leaving infancy and early childhood, and is a prison he eventually located his wife. characteristic of all addictions. He then learned that he had been Gambling, in its structure, is also an clared legally dead about ten years of a specific kind after his unceremonious leave-taking, I suspected the presence of the and that she had remarried. Paul is phantasy here as well. But where, in now a minor executive in a manufactur- this psychic puzzle, would it fit? Ob- ing company, has married, and has two viously it had to be related to the om- small children. I get a card from nipotence, not only because this was every Christmas. self a feature common to all addictions, but because omnipotence was the A MODEL CASE only genie element in the death-wish I have presented the case of my for- chromosome without its paralled in the mer patient, Paul, chiefly because I sexual. Further reasoning localized lieve that both his history and the dy- the phantasy in connection with win- namic study of his personality can serve ning. as models for the careers and psychic One of the rewards of gambling with structure of all gamblers. He repre- which Paul now dealt at great length sents a rather pure type, his complaint and in detail was the phantasy, which as he brought it to analysis uncompli- was indeed megalomanic and omnipo- cated by other major symptoms or dis- tent. In it Paul was a monarch un- tresses. In this sense, he is rather a limited in his power, unrestrained in his avis. Bergler makes the signifi- ambition. With the huge sums at his cant observation that "gambling is in disposal he dispensed a fabulous lar- every respect a losing es- gesse, conducted important pecially for the analyst, since "it rarely pies, and won renown as a benefactor happens that a gambler of his free will of the race. It was his seeks treatment." I agree with this, at the gaming found the completely. In a decade of psycho- cure for polio, sheltered uncounted analytic practice, in and out of insti- orphans, endowed great temples of re- tutions, Paul and the patient with whom ligion and learning, and rescued the I am presently working are the only two Robert Lindner, Stone Walls and Men, instances I have known where treat- 1946. ment has been freely sought. 106 THE ANNALS OF THE AMERICAN ACADEMY

On two additional occasions I have an obsessional neurotic engaged in been consulted about neuro- what might be called the making of sis. One inquirer was a screen actor magic. The proof of this lies in the whose passion had involved him in un- course of the illness, and is best demon- believable the other was strated in the instances where gambling a businessman facing total ruin because is a temporary stage in the develop- of his preoccupation with cards. Both ment of an obsessional neurotic pattern. scoffed when I prescribed treatment, and I never saw either of them after the The impossible necessity first interview. On the other hand, I The oracular nature of gambling ap- have had many cases wherein gambling pears to be established beyond dispute. was one symptom among many in a Reik, who first called attention to this, neurosis, or where the passion had ex- was not misled by his anthropological isted transiently, usually as a phase in knowledge and clinical data, but I be- the progressive development of an ob- lieve his formula was incomplete. The sessional neurotic pattern. An agora- gambler does not ask one, but two phobic woman who is under analysis questions of destiny: Did I kill my with me now fits into this latter cate- father by wishing his death? (or, in the gory. But in no case in my experience case of gamblers with living male par- have the dynamics been to ent: Are my wishes powerful enough to any marked degree, from those ex- cause the death of my and, hibited in the case of Paul. Will I be punished or rewarded for my secret sexual desires SCIENTIFIC CONCLUSIONS Herein lies the great dilemma which The study of this "pure" case enables literally chains the gambler to his place us to advance somewhat the conclu- at the gaming table. If he wins, the sions reached by former investigators. omnipotence of his wishes is thereby The first opinion that calls for revision proved and his incestuous aims con- is technical in nature. Current nosol- doned, is at the same time ogy places gambling among the so- rendered and adjudged guilty of pat- called neuroses." Fenichel so ricide and vulnerable to the tortures classifies it in his classical work, al- consequent thereon. If he loses, he is though in the latter part of his brief relieved of the burden of unconscious discussion of the gambling syndrome murder which is too much for sanity to he appears to be somewhat doubtful bear, forfeits the omnipotence But I think that placement on which he has based his life and ex- is in error and results from the fact that poses himself to the terrible penalty to too little attention has been paid to be exacted for his incestuous desires. the underlying obsessional content the We owe it to the astuteness of Bergler passion discloses under analysis. Fur- that the trenchant gam- thermore, at no time is the compulsion bler wants to been made egosyntonic, that is, a thing which the comprehensible. But it now appears gambler wants to do and in which he that the gambler must win and lose, at takes pleasure: it is always ego-alien the same time, for his sanity's sake, or dystonic. The gambler is not a and this can never be done. psychopath with a perversion, as the term "impulse neurotic" suggests: he is The role of money Otto Fenichel, The Psychoanalytic Theory The role of money, too, has been 194S. clarified by our study. It appears to y THE PSYCHODYNAMICS OF GAMBLING 107 serve the function of bribery and is used factors in the morphology of gamblers. to buy the favor of the fates, to in- They seem all to be strongly aggressive fluence the oracle. Unfortunately, coins persons with huge reservoirs of uncon- and bills do not spontaneously stand scious hostility and resentment upon on end, and this is what the gambler which their neurosis feeds; and chronic is, in a way, demanding of them, be- masturbators to boot. Freud's remark- cause he does not know what answer able discovery relating masturbation he wishes, and is made miserable by and gambling stands unimpeachable. either. It is possible that if he could The correspondence is so close that, as obtain, for his bribe, an equivocal re- we have seen, the one can and does ply such as the Delphic sibyls and their substitute for the other. like were wont to reply that Now the aggression shared by gam- could be interpreted either way at the blers appears rooted in the relationship same time and so satisfy both toward the authoritarian figure in his the gambler would be content. But this family, the father, who in every case also he cannot have. And apart from conforms to type. These fathers are the unconscious use of money for strong, domineering, moralistic, sus- bribery, its far-reaching symbolic uses tained by their convictions of self- are apparent. To win is to achieve an importance, lacking in warmth or the orgasm, to attain the potent manhood expression of warmth toward their off- of ejaculation. Lastly, money unques- spring, and niggardly in money matters. tionably relates to the eliminative func- They are the recipients of near-adora- tions. tion from their weaker wives, and for this and for their personal qualities The phantasy . they are hated and feared by their That a phantasy arising from the children. The masturbation not only omnipotence was an important factor expresses the aggression borne against in the gambling of Paul is evident, and them, nor yet only the complimentary I have no doubt that it always exists. and contrary feelings for the other and Like the carrot that dangles before the beloved parent, but in addition to these donkey's nose, it constitutes a call to and the remaining ordinary gratifica- futurity and promises a bright reward tions from the habit, it serves as a if captured. It is a lure, of course, and transitional practice toward gambling it- serves the function of insuring the If the analogy is not too strained, for and at the we may regard it as the avenue of ap- same time hoped be reproach to the divinitory altar where charged constantly in its magnetic the oracular sticks are thrown, the attractiveness. entrails examined, and the omens read. Thus the psychodynamics of gam- Common bling, that queer passion that with I believe the evidence speaks in Erinyan fury has pursued some of the favor a number of common genetic some of the men. Robert Ph.D., Baltimore, Maryland, is a practicing psychoanalyst and is psychological consultant to the Maryland State Board of Correction. He has taught psychology at Cornell and Lehigh universities and criminology at Formerly a commissioned officer in the United States Public Health Service (R), he was for many years psychologist at the United States Penitentiary at Pennsyl- vania. He is author of Rebel Without a Cause (1944) and Stone Walls and Men (1946), and editor of The Handbook of Correctional Psychology (1947). The A Profile of Gambling Among Indians

By W. AGINSKY and ETHEL G. AGINSKY

ARIOUS theories are advanced at- have selected one such tribe as an il- tempting to explain man's pro- lustration, typical in some respects, clivity for gambling in modern times. atypicalin others. Some maintain that gambling is a normal recreational activity; that it OF THE POMO is a manifestation of "greed"; some, We speak of the Indians of that it results from an underlying drive northern California, the center of whose for social others, that it is a prod- territory lies approximately miles uct of our highly competitive economic north of San Francisco and miles system. These attempts to account for east of the Pacific Ocean. These people the prevalence of gambling in our cul- lived in an area approximately 80 miles ture are as numerous as they are di- by 80 miles in size. The population verse, and the could be expanded was divided into a large number of considerably. tribes, each having its own government, It may be illuminating, therefore, to its own language or sublanguage, its examine another culture, different from own social organization, and the other our own, where gambling was held in components generally thought of as high repute, gamblers were highly hon- being present in what we call a culture. ored, and the occupation of gambling These people had a "bimetallic" cur- required almost a lifetime of training rency, the lowest denomination being for recognized proficiency. Here a a "bead" made by professional money family was happy to have an apprentice manufacturers from the thin portion gambler as a prospective son-in-law, of the clam shell. In our terminology and each family supported in every we could say that a thin bead was the way possible a family member who was equivalent of a penny. A rather thick a gambler. It may be noted that in bead made from the heel of the clam some ways, gambling in the contempo- shell was the equivalent of five cents. rary scene is strangely reminiscent of A higher denomination of hard money reported American Indian tribes. We was what was called Indian gold (mag- nesite), the value of which was based Research on the Indians and the on its size and weight. Furthermore, northern California community of which they are a part has been pursued intermittently by baskets, depending on size, perfection the authors since 1932. This research is part of workmanship, and design, made up of the work of the Social Science Field another type of currency ranging in Laboratory, of which the authors are di- value up to the reported case of a sun rectors. They wish to thank the Fund, the Social Science Research Council, basket which was sold to a white person the Social Science Research Council of Co- for five thousand dollars. Although lumbia University, the Maxwell Graduate barter and exchange were current, they School of Syracuse University, and the many were relatively unimportant compared private donors who have contributed so generously to the financing of the work. with the actual buying and selling by A partial bibliography is appended at the means of money. conclusion of the article. Among the there were various 108 THE 109

occupations which could be considered professions, since they required, as men- OF GAMBLING tioned in relation to the gambler, al- The most popular form of gambling most a lifetime of apprenticeship and among the was a species of training before the individual was con- "guessing game." The gambling de- sidered a full practitioner. Some addi- vices were four bones approximately tional occupations functionally the equal two and a half inches long, made of of professions were those of the doctor, the shins of the deer. Each team held the poison doctor, the deer hunter, the two bones. One of two bones was tied fisherman, the money manufacturer, with string, or otherwise marked. and the arrow and spear point maker. Counting sticks were placed between Within each of the professions there the two groups. When one team had was a plural number of groups of practi- won all of the sticks, it also won the tioners. Each group was composed of money that had been wagered. (This relatives from families which were con- money was in plain sight between the nected by marriage. Provided all the two teams during the match.) Each individuals of a particular practicing team was composed of two men. group were alive (which, incidentally, The object was for the team doing the was never found to be a fact), that guessing to guess in which hand of group was composed of the oldest man, each of the opponents the marked bones . who would be approximately 90 years were hidden. The men holding the of age, and a series of younger indi- bones sang lucky and powerful songs viduals spaced approximately twenty while this was going on. Grass was years apart. At the very bottom there heaped on the ground, and the men would be a plural number of youngsters holding the bones shuffled them vigor- who were being observed and from ously and swiftly between their hands among whom one would be chosen to under the grass. They then moved be the youngest apprentice member of their hands in front and back of their the practicing group. In general there bodies and from side to side. The team were usually four practicing members doing the guessing began weaving back in a group. The Porno, referring to a and forth. One of the two on the guess- young man, would say: "He is soft in ing team would act as if he were draw- the head." This meant that he was ing a bowstring. Suddenly he would snap under years of age. his right thumb while straightening his Gamblers were respected; they were left arm, pointing with his left index also feared. Like other professionals, finger, and "shoot." At the same time each gambler possessed a "bundle" which he would say the equivalent of "Both in contained his gaming paraphernalia and the right hand," or "Both in left hand," all sorts of other strange objects which or a similar designation. A team con- were thought to be full of potency. The tinued holding the bones until it had shadow of a bundle falling on a child forfeited them to an accurate guess, was considered sufficient to kill that after which the winners of the hand, child. If a gambler became too power- that is, the opposing team, had their ful by means of his traditional prepara- turn. The men holding the bones main- tions, he could not impregnate his wife; tained passive countenances and ap- but to become powerful the gambler peared to be in a semihypnotic state. had to observe a tremendous variety Observers always remained quiet until of taboos or negative restrictions, as the end of each turn. well as engage in positivistic activities. The entire population partici- 110 THE ANNALS OF THE ACADEMY pated in other forms of gambling on a Gilyak was very much the Devil. less formal basis, with the women and When a person saw Gilyak, it meant children having their own games. that he was being taken to the after- Women played a variation of "stick- world. Gilyak's house appeared white and children a variation of because the roof was covered with the darts. Frequently nonprofessionals bones of the humans whom this canni- would become involved in gambling bal had devoured. Gilyak himself ap- with professionals. Nearly everyone peared red, as fire. There was a trap participated in one or another form of just inside the door of house, so gambling. that any visitor entering was caught Tribal members were cautioned never and could not escape. to win all the money from another, for The entire cast of characters in Pomo to do so would cause "hard feelings." mythology is too large for presentation This implied that a feud might result, in here, but the two mentioned above will which the winner would be "poisoned." serve as examples. They and several When two or more tribes met for var- additional ones appear in the short ver- ious trade, to ceremonial- sions of three myths which follow. ize the death of a chief, or for religious varieties of gambling took POMO MYTHS place. There are recorded instances in There is, for example, a story of which whole tribes were nearly im- Coyote's grandson, Falcon, who desired poverished as a result of these meetings. to travel to the east to gamble with Gilyak, who was a cannibal. Because THE of the vaunted power of Gilyak, Coyote All activities, especially those which decided to accompany Falcon and help are standardized in a culture, must be him. The various animals they met en understood against the background of route to Gilyak's house tried to dis- the ideas, beliefs, attitudes and philos- courage them from continuing the jour- ophies of the population. Porno re- ney, because of the dangers involved; ligious lore provides us with many clues but Falcon insisted that he would as to the significant role of gambling best Gilyak at the gambling game. that culture. The professional gam- When they were unable to deter Falcon, blers knew and understood much of all the animals rallied to him. Even- this, but the majority of the population tually the contest took place. Coyote had little comprehension of the deep- sang a magic song while the gambling seated and pervasive importance of the was in progress. Falcon gambled with connections. Before presenting a few four Gilyaks in succession, killing them items in that lore, we indicate the place all in turn, that is, winning the game. in the culture of two of many After having shot and killed the four "supernatural" and Gilyak brothers with his bow and ar- Gilyak (or row, Falcon and Coyote then threw Coyote was a supernatural, who, ac- the father and mother of the Gilyak cording to the religion, could change brothers into the fire, so that all six himself into almost any form he de- Gilyaks were dead. They then took all sired. He was a creater god with a the Gilyak property and returned to large number of other attributes. It their homes. was he who made the world, the people, Another myth recounts that Black and the various foods, and it he Chicken-Hawk's wife, Quail, became who punished people. angry and left him. Eventually she ar- THE POMO 111 rived at Gilyak's house, where she was he went out into the mountains, donned admitted unharmed. Hawk decided to a deer mask (consisting of a deer head follow his wife. His younger brother and hide), and then looked like a deer. to accompany him, and Hawk Gilyak saw him, wanted him for a pet, told him he did not expect to return and tried to talk to him. He even alive, and so would tie his brother in his offered him various kinds of food, like hair so no one would know he was there. grass, pepperwood boughs, and greens; When Hawk was entering Gilyak's but the deer made no response. Gilyak sweathouse, Gilyak shot him in the tried beads (money) as a last resort, throat and put the body outside the and found that this was the only food house so it would die before he cooked the deer would eat. Gilyak then took it. When the body was outside, the the deer to his house and kept him in younger brother crawled out of Hawk's the yard nearby. The deer was there hair and carried his body toward their for four months, by which time he had home village. The people heard them eaten the entire supply of Gilyak's returning, realized what had happened, beads. When he was unable to get any and came to meet them. The people more beads, Gilyak returned the deer to then made arrows, and Blue Jay and the place where he had found him. Redheaded Woodpecker, who were poi- After Gilyak left, the deer changed son men, made poison for the arrow back into a man and returned to his tips. Hummingbird, who was a medi- own village. The people were happy to cine man, entered Hawk's mouth, see him. Blue Jay, their chief, told passed through his alimentary canal, the people to build a big have a removed the poison which had killed good sweat, and swim. After their him, and purified him completely. Hawk bath they gambled. They played four then returned to life, and he was told nights and days, and the man who had to stay where he was while the others been away won constantly from the went on to Gilyak's house. Arriving man who had formerly beaten him at there, they placed poison on the end of the game. On the fifth day, when Blue a long pole, pushed it inside the door, Jay asked the people to play again, and thus defiled everything in the house. they refused, saying they could not They were invited inside and then spend all their time making beads. played the grass game. Fisher and his Blue Jay became angry because the brother played against the two Gilyak people spoke to him, their leader, in brothers. Fisher shot and killed both this fashion, so he transformed them Gilyaks. After mashing the bodies, into birds. the victors took Quail and Bottle-fly (the unwilling slave) and set COURTING THE SUPERNATURALS out for home. When they reached Among the as in modern cul- Hawk he told them he could not stay tures, there was a relationship between with them any longer, because, having the status of an individual in the tribe been dead, he now smelled too bad and his security, based upon both and so would have to die again. Then own and his family's wealth. Success he flew away, and so did all the others. in ventures was dependent on observ- One last example of the mythological ance of the wishes of the supernaturals; place of gambling is presented. Very gambling was sanctioned by religion, long ago there were two gamblers in a as can be by the fact that even village. One of the two always lost. the important supernaturals gambled. When he lost almost everything When a gambler "shot" his opponent 112 THE ANNALS OF THE AMERICAN ACADEMY it was comparable to the mode of gam- conspicuous central position. A small bling among which con- sum of money on display indicated that sisted of actually shooting at one an- the family was not especially desirous other of having the patient cured. Every The gambler and his group went into case on record indicates that when the hills before a gambling match. this occurred, the person died. There, in secret, they observed a long While the doctors were engaged in ritualistic ceremony. When they re- attempting a cure, the enemies of the turned to the village they did not re- family separately attempted to acceler- pair to their houses, but instead pro- ate the death of the sick person. This ceeded to the sweathouse. During this was especially true of the poisoners who time they ate no meat, fish, or grease; had been hired to bring about the pa- they ate but a bit of cereal, and that tient's death. Hence between the two only in the morning and after sundown. groups there often arose lengthy gam- They drank only water, and that also bling sessions, for it was recognized only early in the morning and late at that the amount of money available night. They themselves and had an important effect on the final rubbed themselves with various ob- outcome. A severe illness of long dura- jects. They allowed no one to touch tion might impoverish an entire inter- them, and they in turn touched no one. related group of families, both the rela- Sexual intercourse was taboo. tives of the sick man and of the op- Before an actual gambling match, posing group suffering correspondingly. the group took the youngest member Moreover, they suffered further severe with them into the hills, where, with physical deprivation due to taboos in- many prayers, songs, and dances, they volved, relating to abstinence from prepared him for the contest. One pre- sexual activity, or eating and other requisite consisted in the youngster's usual activities; for neither a poisoner inserting his arm into a gopher hole nor a doctor could participate in any and caressing the rattlesnake therein, community life or other personal pur- while the older men chanted, danced, suits while he was involved in a case. and prayed. Furthermore, the curing of a sick Gambling occurred between two person was deemed a contest between groups, each of which had a team of the doctor and the poisoner, who called two young men manipulating the gam- upon the supernaturals for help and bling devices. The older gamblers tried to control them. If the man re- sat a few feet behind; they chanted, gained his health, it meant that his es- prayed, sang, drew power from the sence had been won by the benevolent supernaturals, and directed that power supernaturals; if the man died, it meant into their young gamblers. that his essence had been won by Gilyak. GAMBLING AND SICKNESS A family the members of which had Gambling was a factor in sickness been impoverished by gambling or by and death. According to the their "protection" of one of their sick Indians, every ill person became ill members naturally found itself unable either because he had violated a taboo to cope with any new crisis, such as or because his enemies had "poisoned" famine, marriage, or a trading expedi- him. actual poison was it was tion. But such was family loyalty that a form of black magic.) Doctors were there was a constant interchange of summoned, and the money set aside for gifts among related persons, by means curing the patient was placed in a of which individual and family security, THE POMO 113

which was the only basic security in canasta clubs; in participation in bank the culture, was maintained. . nights at motion picture theaters; and in a large variety of related activities. BASIS or GAMBLING PROPENSITY The modern gambler is not merely the Our research among many North one who participates in organized games American Indian tribes, and the avail- of chance, but also the one who "takes able literature, lead us to conclude that, chances" in relation to his income tax in order to understand the drive to return, a business enterprise, or cross- gamble among all peoples, the problem ing the street against a red light. Our must be considered from at least two competitive and risk-conscious culture points of the culture in which provides abundant opportunities to individuals learn about gambling from "gamble" in many ways without pa- their fellows and participate to a greater tronizing a gambling house or a race or less in the culturally sanc- track. tioned forms of and the But in light of the equally widespread personality of the individual partici- ostensible disapproval and prohibition pant. In the first we perceive the of gambling, it is fair to conclude that basis for the group's tolerance gam- the frequency, intensity, and amount bling in all forms. In the second we of participation in wagering of some perceive a deep-seated psychological kind is dependent to a great extent on basis for the degree of participation in, personality factors. The cultural sanc- as well as for the complete abstention tions may be contradictory, but as the from, any form of gambling. participation varies from one person to In the case of the gambling another, it can assuredly be said that was honored by the populace, sanc- the depth to which gambling habits tioned by religion, and openly partici- may extend below the gambler's surface pated in; but in our own culture, the adherence to law and his protestations laws and religious taboos are recog- of religious belief is dependent on his nized and known to forbid wagering. unique personal psychological adjust- Yet it is an undisputed fact that through ment. the activities of a tremendously large Consideration of gambling as it oc- segment of population, gambling curs in a variety of cultures demon- has become an integral part of our cul- strates that it is universal. It is found ture in a degree almost equal to that in wherever there are groups of people the case of the organized as functioning societies. Un- This is seen in our business practices, derlying it are deep-seated internal in- especially in the stock market; in pro- volvements of personality, culturally motion of the numbers game; in fa- and individually determined, while ex- miliar gaming activities at carnivals, ternal manifestations vary markedly fairs, and the horse and dog tracks; in from culture to culture and tend to ob- bingo games and in the maintenance scure the emotional base upon which and tolerance of bridge, and they

W. Ph.D., New York City, is associate professor and chairman of the Department of Sociology and Anthropology at The City College. Ethel G. Aginsky, Ph.D., New York City, is assistant professor of anthropology at Hunter College. The authors have done field research together among various American Indian tribes, and in China, Japan, Hawaii, and Mexico. As directors of the Social Science Field Laboratory they have made an intensive study of the Indians of California and have contributed numerous articles concerning these people to scientific journals. The Argot of the Dice Gambler

By DAVID W. *

AMBLING is inherent in Ameri- burgh. It followed the frontier, espe- can life. It came early to these cially the gold rush, and settled down shores with the Spanish and French ad- in swank splendor on West Coast, venturers; it was reinforced by the with headquarters in Tia Juana, San British garrisons in New England; it Diego, Reno, Los Angeles, San Fran- was the sport of the first families of cisco, and a score of other coastal cities. Virginia, from aristocrats to thieves In fact, I do not know of any major and it spilled the edges of American city that is not profoundly New Orleans and migrated up the Mis- influenced both politically and economi- sissippi Valley to father a great mid- cally by professional gambling interests. western underworld with concentrations in Memphis, St. Joseph, St. Louis, Kan- IMPLICATIONS OF GAMBLING sas City, Chicago, Minneapolis, St. In itself, gambling can hardly be con- Paul, Cairo, Terre Haute, Louisville, sidered criminal, although it is so clas- Newport, Youngstown, Pitts- sified in the statutes of most of the states and in some Federal codes. * Acknowledgments: To my wife, Barbara Parenthetically, the professional gam- S. Maurer, for her expert assistance in draw- bler is a recognized and legitimate tax- ing from my files the material for this study payer under the Treasury Department's and for her help in field verification, and editing. To Mr. Everett DeBaun, an income tax program, with the craft of inmate of a large Eastern Penitentiary, and computing the gambler's net income author of "The Theory and Practice of long acknowledged by gambler and gov- Armed Robbery," Harpers Magazine, Febru- ernment alike. ary For many years Mr. DeBaun has been a co-worker in the field of nonstandard Although gambling may not be crimi- language, and I am indebted to him for the nal, its viciousness lies in the fact that painstaking work of verifying this material it gradually corrupts city, state, and against both his own rich experience and that Federal Government agencies; it pays of many others in the prison. He is now preparing for publication an argot dictionary of off regularly to political machines; it very high quality. To Rawson and imports strong-arm men and gangsters John Scarne for their generous contribution to enforce its it nominates to techniques and their patience with a simple and elects public officials; it consti- in a few instances I have used in tutes a powerful and semilegitimate this study direct quotations from Scarne's authoritative Scarne on Dice, which I trust front for the underworld. On its heels will not be taken amiss, since I wrote, or come the harlot, the pimp, the pick- helped to write, most of his glossarial ma- pocket, the narcotics peddler, the safe- terial; at the same time, knowing that John cracker, the stick-up man, the black- Scarne is a perfectionist, I do not imply that he may be responsible for any of my mistakes. mailer, the extortionist, the professional To Mr. Stuart Flexner, Suzanne Resnick, thief, the confidence man, the labor Sylvia Widerschein, and other graduate stu- racketeer, the municipal fixer, the dents for verification work. And to the shakedown copper, the machine boss, professionals (all of whom by preference re- the corrupt judge, and other paid pro- main nameless) who have made available their own technology and experience on the tectors of crime less easily condoned level of field work. than gambling. 114 THE OF THE DICE GAMBLER

Within our own times it has made on a crap table to 80 to 1 against the household words of such proper names as player on the slot machines. Often Capone, Pendergast, Rothstein, Annen- such houses do not consider themselves berg, Costello, and scores of others. At in any way dishonest, but look upon the same time it has commercialized the this percentage as a normal profit com- lust for easy money in millions of legiti- parable to that taken by any legitimate mate citizens, who are of interest in this business, which, in a sense, it is. How- study only as the suckers supporting a ever, most of them maintain both the vast, lucrative, and highly organized men and the equipment to separate any industry operating almost exclusively lucky sucker from large amount's of under paid protection from the law. money he may win, and this separation Needless to say, there is no such may take place on the basis of either thing as an "honest" professional gam- skill or violence. bler, although there are still a few Individual who do gentlemen gamblers who rely on their not work for the house but may work phenomenal understanding of the game against other individuals or against and a sort of sixth sense which makes the of necessity skilled and cheating superfluous; but these men seasoned sharpers who combine great play for sport and not for a living. The manual skill with specially prepared professional gambler depends upon an equipment and a subtle knowledge of edge, or advantage over the nonprofes- human psychology. sional player. On the basis of personal honesty, Naturally, the mechanical devices by gamblers vary as much as do ordinary which the gambler cheats for his profit individuals; but on the whole they ap- are legion, and the manual skills which pear to be more scrupulous in the pay- he develops are often superb. It is ment of their debts and the not our objective to examine these de- nance of their credit than the average vices or techniques in detail here, ex- legitimate citizen, because the main- cept insofar as they are reflected in tenance of a good reputation in this re- the technical language used by profes- spect is an absolute necessity the sional gamblers. Sometimes the "edge" underworld. Some professional gam- is not a deliberate cheating device, but blers carefully cultivate and protect a rather a set percentage which the gam- reputation for high personal integrity. bler must take from a total of the indi- Naturally, this does not always carry viduals with whom he plays; that is, a over into their professional life. bookmaker must make a living. If he "dutches" his books, he cannot pay off THE PLACE OF THE GAMBLER IN THE his customers. Therefore, he combines UNDERWORLD some knowledge of mathematics with the genuine desire to improve the breed By underworld standards, the profes- (which is said to motivate most race- sional gambler ranks between the con- track and takes a rather fidence man and the thief; that is, steady percentage from all who place he is in the upper brackets of what is bets with him. known as "the grift." Usually, success- A similar situation exists in many es- ful gamblers combine some of the psy- • tablished gambling houses, where all skills of the confidence the gambling devices are set to yield rackets with the manual skills of the an over-all percentage for the house; thief, adapted, of course, to their par- this many range from, say. 13 per cent ticular racket; in fact, there is a good 116 THE ANNALS OF THE AMERICAN ACADEMY deal overlapping between the con among all types of gamblers are multi- rackets and gambling, in that some of farious. the best confidence men make their ex- The organized gambler works with a penses when traveling about the world mob which ranges in number from two by as "deep-sea gamblers." to ten or twelve individuals, if we in- Some professional gamblers, often those clude all the steerers, tailers, paid employed by reputable gambling houses, policemen and others. In Detroit sev- double as confidence men during either eral years ago a grand jury discovered short-con or big-con touches, which are that more than a hundred public offi- laid the gambling house either with cials were in the employ of organized or without the knowledge of the man- gamblers, and sent them all to agement. much to the surprise of everyone. These Sometimes, also, gamblers lean heavily were, of course, all auxiliary or acces- toward respectability and operate as sory to mob operation. bookmakers in social areas which ap- In the mobs there is a rather sharp pear to be remote from the underworld. division of labor, with the steerer, Others lean the other way, toward the roper, or outside man rooting out marks occasional use of violence, and main- and steering them to the game, where tain effective business connections with the amount of money in evidence is the so-called "heavy rackets." Within calculated to arouse the native larceny the last ten years it has become the in the sucker and prepare him for the fashion in the underworld to avoid vio- kill. If the mob operates on the verge lence and to work more and more on of the confidence rackets, the dealer, an ostensibly respectable level; the banker, or stickman may sometimes word has gone out in most organiza- serve as an inside man; usually, he is tions, "Don't do anything spectacular." simply a highly skilled technician. The This tendency toward gentility has cappers or shills win and lose during paid off handsomely, with the result the play according to the instructions that we now an underworld far of the inside man, who directs their more extensive and far more prosperous play in such a way as to produce the than anything which existed in the desired reactions on the part of the gangster days of the twenties. Pro- suckers. The play may occur any- tected gambling, of course, is the hub where, from a swank gambling house to around which this underworld revolves. a cheap hotel room. Some mobs operate consistently in ORGANIZATION one city or one vicinity; others travel regular routes over the country (mitt , Gamblers operate primarily on two mobs, smack teams, tat workers, and levels: as lone-wolf or individual so Some dealers travel from and as a mob. The free-lance or • house to house on a sort of rotational lone-wolf gambler is a survival of schedule, being moved into certain lo- the old frontier days, which produced calities for certain types of play, or oc- some remarkably competent operators. casionally to handle individual suckers Among dice gamblers today these men are who are known to be ready to play with known as hustlers. Usually they work large amounts of money. Some gam- against everyone else in- bling houses are stable and enjoy a cluding other they may good reputation for fair play within the on occasion team up temporarily with a limits of the percentage they are known mob. The types of mob organization to take. These are really a form of V THE ARGOT OF THE DICE GAMBLER 117

semilegitimate business. Others are less vance for a gambler to operate in that savory, and change their personnel as community. He collects an advance a frequently as possible in order to stimu- plus the regular weekly payment, plus wo late play and to allay suspicion which campaign contributions, plus extra pay- n- may fasten itself upon any of the house ments when "the heat" is turned on by personnel. reform groups, by honest enforcement v- Some houses are large, luxuriously officials enough to they ed furnished, and prosper under secure can buck the or by competi- political protection. Others range down tors trying to muscle in. Often this ed the scale to the corner drug store where fixer is a person of both local and na- controlled dice are used, or to the door- tional prestige; almost never does he way bookmaker who is prepared to "go have open or ostensible connection with over the hill" when mathematics fails the rackets. Gone are the days when him. the corner saloon keeper acted as the rp Because of the high degree of organi- fix for all the rackets in his neighbor- zation among gamblers and because of hood. the close dependence of the profession While some fixing is done on a good- re upon such nationally organized aids will basis, most of it is a cold com- is as wire service, form-sheet publication, mercial transaction by which a law or the manufacture of crooked gam- violator buys immunity up to a certain he bling equipment, and because of the point; after that, he buys assistance in ge similar technical and social habits de- the courts; if that fails, he buys leni- t veloped by gamblers, the gambling ency from an appeal judge; occasionlly, es fraternity consists of a rather close- when all fails, a gambler goes to prison. is knit social group. This racket extends He is the exception, for a well-oiled over the entire continent, even reach- machine operates in every community, ng ing abroad, while at the same time it in every state, in every congressional ns penetrates every small community with district, with the fixing done through enough money to interest a gambler. very potent political channels. Some he • . of it eventually goes to Washington. he THE In each community, however, the po- y- lice department is the focal point of to Probably no other underworld group the fix, and every gambler must decide enjoys such universal and effective po- whether or not he wants armed and in lice protection as the professional gam- uniformed police for his business or bler, especially since gambling has be- against it. Usually he is a step ahead itt come an important industry with a tre- of even the most dishonest policeman, nd mendous national gross. For a nominal and fans the spark of larceny dormant weekly payment, the gambler can opin most gendarmes with a sheaf of erate in comparative safety from law notes calculated to build it instantly o- enforcement agencies, from reform into a hot and consuming blaze. And groups, from irate victims, and from so the gambler who in frontier days :rs nonpaying competitors. found himself driven from city to city th Sometimes the "fix" is a simple trans- by armed and irate citizens now basks action between the gambler and the in security and prosperity under the a policeman on the beat; usually it is blessings of civilized government, which he more subtle than that. In most cities protects, to some degree, not only the there is a fixer (or several, one for each gambler but all forms of organized of type of racket) who arranges in ad- crime with the exception of kidnaping. 118 THE ANNALS OF THE AMERICAN ACADEMY

Since the line between the grift and THE DICE GAMBLER the heavy rackets is not always a There are many types of gambler op- sharp one, there are also embedded in erating on many different social levels the speech of the dice gambler occa- in an infinite number of communities. sional elements shared in common with Some make their living entirely as pro- the heavy rackets, which usage reflects fessionals, some are the ancient and multifarious connec- and others are strictly amateur. They tions which all criminal enterprises gamble by all the means known to hu- have. man kind. By no means all of these are underworld characters, for the de- GENESIS OF ARGOTS sire to gamble cuts across all social The extent of the entire body of strata. The point is that anyone who criminal argots is vast, and the motives likes to gamble with dice can perhaps underlying it obscure. Superficially, be called a dice gambler, and many an we might say that the growth of this otherwise legitimate citizen studies and phase of nonstandard and semisecret practices with the dice to learn to "con- language from strong group trol" them. Eventually he learns about rapport; from a reaction to outside crooked dice and how they are used. forces, many of them hostile; from a He may secure one of the catalogues desire for recognition or professional from the several solid mail-order houses status; from a compensatory tendency which prepare equipment. Sometimes to establish superiority; from the need he learns to use it but more for becoming established as one of the often it simply makes him a better fraternity; from individual compul- mark for other gamblers, for the real sions; from atavistic tendencies toward quality of a gambler lies within himself the animism of language and its con- and not in his equipment or even in his trol over the material world; and not skills. One must have true grift sense, least from the large variety of equip- and what often appears to be an in- ment and technology which go with the nate capacity for taking money from racket. strangers. Certainly minimal is the popularly There is something about criminal accepted theory that argots are used enterprise which breeds a special type to conceal meaning from outsiders. of language, or argot. All rackets de- While outsiders usually understand velop special modes of speech, and little if any of a criminal argot, the ele- in the United States nearly all argot ment of deception can hardly be called falls into two broad of intentional, since argots are seldom the heavy rackets and that of the grift. spoken in the presence of outsiders, Each of these broad areas comprises especially victims or potential vic- innumerable rackets, with the gambler tims. Usually argot is spoken freely ranking high within the grift. In turn, and without inhibition only among the there are many gambling rackets, some initiate, where it serves as a sort of of which, as has been over- union card. Some professionals in all lap with the confidence games, and fields shun the use of argot as declasse; each of these gambling rackets develops others cultivate it with great wit and a specialized argot of its own, retain- originality. Some men speak only the ing, at the same time, many elements in argot of their specialty, either through common with all gambling argot and pride or lack of experience in other with the parent argots of the grift. rackets; some speak several argots flu- THE ARGOT OF THE DICE GAMBLER 119

and have a peripheral knowledge at large. There are some back currents of many more. of course, with some usages working in The argots are more than specialized toward the but in the main the forms of they reflect the way legitimate fact, the lit- of life in each of the numerous crimi- erary constantly being nal cultures and subcultures; they are bombarded with idiom from the profes- the keys to attitudes, to evaluations of sional groups. Some of it dies as soon men and society, to modes of thinking, as it emerges from the speech of spe- to social organization, to technology. cialists, but some of it persists until Often they show the keenest sort of it is adopted by the standard language perceptive mechanisms and involve im- on many different levels. agery that is sharp, clear, and cynical. Argots are not the creation of dull SCOPE OF PRESENT STUDY minds, except insofar as barbaristic The speech of dice gamblers is typi- usage is picked up and used with un- cal of gamblers' argot, although of conscious irony. Underlying most argot course it differs in content and imagery is a body of vivid imagery and a cur- from other gambling argots. In this rent of humor which is not always study I have held closely to usage in- apparent to the uninitiate. Parentheti- digenous to the fraternity and have cally, the argots of criminal and semi- on the whole excluded terms from re- criminal who live pri- lated rackets and from other social or marily by their a large criminal groups, even though those and only partially explored matrix from terms may be current among dice gam- which a heavy proportion of current blers. This is done to conserve space slang is derived. and to give a clear picture of gambling The argots of various types of gam- argot in a rather strict sense. However, blers differ from other argots in many I have included here and there single ways, of course, but principally in that entries borrowed from other types of they are known in part by many non- gambling or from other rackets, or professionals and noncriminals. Every words which have generalized or spe- person who gambles learns a little argot cialized as they emerged from the dice- even though he may never penetrate gamblers' argot proper, and have so beyond the sucker level, and though labeled these isolated examples that what he knows on this level may be im- the reader may have one or two perti- properly used or understood. People nent examples of each for reference. who gamble a great deal know quite a Furthermore, this check list is not bit of it, and sometimes take pride in complete, since the dice gamblers are this usage, although they too are ex- legion and since the behavior pattern cluded from the inner circles of the of the individual as well as the type hustlers, the dealers, the diemakers differs widely according to both social the card markers, the ropers, the inside and geographical distribution. These men, the shills, the bookmakers, the variants in the pattern are naturally numbers short, the profes- reflected in linguistic usage, which sionals, where a large percentage of the changes both extensionally and inten- new and fresh coinages first appear. sionally at a rate relatively rapid com- The main flow of argot seems to be pared to standard printed American out from this professional center to English. I have omitted the conven- the semiprofessionals, to the legitimate tional slang of legitimate dice gamblers, gamblers, to all players, to the public since it can hardly be called argot. 120 THE ANNALS OF THE ACADEMY

Therefore survey, while conducted though the policy varies from house to with great care, cannot claim to be house, usually the player either pays a either comprehensive or exhaustive. It direct fee for each wager or else accepts represents an attempt to generalize on smaller odds, as specified on the table the basis of some years of experience layout. BANKING See BANK CRAPS. with both the culture and the language BANKER: (1) A dealer who collects and patterns of the professional criminal. pays off bets for the house. (2) A bank-roll man or money man. GLOSSARY BANK-ROLL (1) A person who fi- The number one on a die. nances a dice game. (2) One who acts ACTION: (1) The betting between as a cashier for a game, usually the "There's plenty of action." (2) Fast dealer. play with the dice. TO BAR A POINT: A type of bet which seems ADA FROM DECATUR: See EIGHTER FROM to vary from house to house. It in- DECATUR. volves barring certain combinations of ALONE: Playing against the house, usually numbers on the dice so that even though used in reference to a cheater trying to the shooter makes his point, if it is beat the house by himself. made through one of these combina- ANGLE: A method of playing or cheating. tions, he loses the bet. "Barring a "He's got an angle that he thinks will point is strictly a proposition-bet laid give him the best of it." on tens and fours, nothing else, at even ASS-ENGLISH: The actions of a shooter money." "Some say the bet (bar-bet) who believes that by various contortions is sometimes made on other points with and cabalistic actions he can influence the shooter giving odds, but I doubt it." the dice. "To bar a point is a sucker-bet. They BACKER: The of the game, whether wouldn't stand for it in the East." it be an individual or a house. . . no bar-bets in bank-craps, only BACK OF THE The space on the lay- small games, or games out where bets are placed after the come-out. See COME-OUT. "Bets are BAR BET: Same as to BAR A POINT. (Hus- sometimes placed back of the line to tler usage.) get odds of 2-1 on 4." BATTERY JOINT or BAT : A place where elec- (1) An observer of the game who tric dice controlled by batteries or cur- does not play. (2) A member of a mob rent are used. Also JUICE-JOINT. who does not win enough to pay his BEEFER: A player who consistently com- own way. plains when he loses BAGGED: Cheated. Said of a house which BEHIND THE SINK: Broke. (Probably a has been beaten by an employee in variant of BEHIND THE from faro collusion with a player. bank.) BAG-JOB: A setup by which a house is BEHIND THE DICE Or BACK OF THE beaten by an employee (a dealer or Said of the player who, having just lost working in collusion with a the to the current shooter, has the cheater. privilege of fading in round-table games. The dealer in bank craps. (2) The BEST OF IT: An advantage accruing The house. (3) The house bank roll. from chance, percentage, or dishonest "The bank is money used to pay off." techniques. "Even-up or six and eight BANK CRAPS or BANKING A crap gives the player the best of it." game played on a layout in which all To BET BOTH To bet the dice either bets are made against the house. to win or lose. "The table has two- way action because the players can Because this study is predominantly socio- bet both ways." logical in interest, the linguistic elements have BETS ON THE The cry of the stick- been minimized. •' man before the first roll, indicating that THE ARGOT OF THE DICE GAMBLER 121

players must put their money on the ing. "The sucker blowed the move"; line. or "The sucker blowed." (Generalized To BET THE DICE TO To bet that the underworld usage, but much used by dice will not make a point, neither will dice gamblers.) they make seven or eleven on the first To BLOW THE WHISTLE: To complain to roll. the police; said of a sucker who has To BET THE DICE TO To bet that the lost. (Somewhat generalized.) dice will make a seven on the first roll BOARDS: The raised rail around a crap or repeat the point before a seven is table against which the dice must be thrown. thrown. Also RAIL; CUSHION. To BET ON THE LINE Or BET THE LINE BOOK: (1) The man who collects the (1) To bet that the dice will win or that money and pays off bets. (2) The the shooter will make a pass. (2) To backer of the game. (3) The house bet before the come-out that the shooter bank roll. will win. See COME-OUT. BOUNCER: (1) The employee who keeps To BET THE HIGH SIDE Or BET THE HIGH order in a gambling house. (2) A NUMBERS: To bet that the dice will worthless check. (Somewhat general- show points 8, 9, 10, 11, 12. "Betting ized.) the high side isn't used in craps. Per- BOUNCE SHOT: A control shot somewhat tains to the game Under and Over similar to a box shot except that it is Seven. The percentage on this bet in not made off a cushion or backboard. craps would be which makes it a The bottom die falls dead because of sucker-bet. . . "He is mistaken. It the impact of the top one which strikes (betting the high side) is a hustler's it. bet used in street games sometimes. BOX: (1) The container on the crap table Also sometimes used in casino craps in which the stickman keeps the dice. where 6-5 odds go with the bet. Actual Also used in other types of dice games. odds are or 7-5. (2) The dealer's box, usually made of To BET AND EIGHT: To bet with leather. Subject to various cheating players beside one. devices and techniques. To BET ON ONE'S MUSCLE: To bet on credit BOX Two sixes on a pair of dice. without the money to repay losses. BOX-CAR Large sums of money. To BET THE LOW SIDE or BET THE LOW "He's OK for a short tab but make sure NUMBERS: To bet that the dice will you don't let him go into box-car num- show points 2, 3, 4, 5, 6. Cf. to BET bers." THE HIGH SIDE. BOX-MAN : The houseman who sells chips BIG Point ten in craps. Also BIG or changes money at bank craps, usually DICK FROM BIG DICK THE LADIES' exchanging new bills for old. FRIEND. BOX NUMBERS: A space on the layout BIG EIGHT: Eight on the layout (usually where each point number appears within drawn large). a square or box. Cf. OFF BIG GAME: See BIG TABLE. • • • To BOX To bet on any number BIG Six on the layout. Cf. BIG EIGHT. but the point by laying the money BIG TABLE: A dice table where the wagers in the proper square on the layout. or limits are large. Also BIG GAME. BOX UP or BOX THEM The cry of a BLANKET ROLL: A type of controlled roll, player who wants to change dice. The so called because it can best be made on stickman then mixes the dice in the bowl a blanket or rug. Also PAD ROLL or and the player takes a new pair. EVEN ROLL. BOX SHOT: A control shot whereby the To BLOW: (1) To lose a sum of money. shooter may control the fall of one die. "I seen I had the edge so I zinged it in, The dice are thrown one atop the other. but either they was lucky or had the The bottom die strikes at the junction gaff working. Anyhow I blowed the of playing surface and cushion and, (2) To become aware of cheat- being prevented from rolling over by 122 THE ANNALS OF THE ACADEMY

the weight of the top die, rebounds BUST-OUT MAN: An accomplished manipu- from the cushion in a slide. Cf. GREEK lator of crooked dice whose specialty is SHOT. switching the dice when necessary. To BREAK A GAME : For a player to a To CACKLE THE To pretend to game to its conclusion by winning all shake the dice by making them rattle or most of the money. Indication that when actually they are being prevented the game is broke or busted is some- from turning freely in the box. times given by turning the box upside CALIFORNIA or CALIFORNIA A bet in down on the table. which the player covers all the box BRICK: A die that has been shaved or cut numbers and takes back the winnings, so that, while its sides are planes, it is though not the original bet after each not a true cube. Also throw. BROKE MONEY: A small sum of money, as CALIPERS: Dice that are true to one-thou- $5 or $10, given to a broke player by sandth of an inch or thereabouts. Also the house. PERFECTS. BROWNIE : A buster. See BUSTERS ; WHERE'S CANE: The croupier's stick (hickory, rat- BUSTER BROWN? tan, bamboo) used to retrieve the dice The BRUSH or A technique of after each throw. switching a buster for a legitimate die, CAP: The gross take. "Expenses are taken employed as the player returns the die off the cap." (Rare.) to the shooter. Cf. BUSTERS. CAP DICE or CAPPED DICE: Crooked dice BUCK: A marker placed on a number to which are covered on certain sides so indicate the point in a house game. that these are more resilient than the BUCK FEVER: Fear of risking one's money. others. The dice tend to bounce off the (Sucker word.) worked sides. To BUCK IT: To repeat the come-out num- CAP WORK or CAPPED WORK: See CAPPED ber on the second roll. DICE. To BUCK THE GAME: To bet against the CASE DOUGH: One's last bit of money. house. (Probably borrowed from faro players.) To BUCK THE LINE: To bet the dice to NOTE: One's last bill, theoretically a win. $1 bill. (Probably from faro.) BUM MOVE: (1) A suspicious action on the CAUGHT Said of a person who has lost part of a player. (2) An error. his credit because it is known that he BUM RAP: A framed charge or conviction. owes money which he cannot pay. A large roll of money. CENTER Or CENTER BET, CENTER To BURN THE DICE: For a houseman or The combined wagers of the shooter and another player to stop the dice before the as distinct from all other bets. they have finished rolling, usually when CHALKED: Widely known as a cheater. a roll appears suspicious. It is not done To CHALK : To bar a player an estab- in casino games except where one or lishment or a particular game. both of the dice fail to reach the cush- A houseman who checks steerers ion. It is sometimes done by a super- to see how many players they bring to stitious individual to change the player's a game. luck. Cf. to GATE. To CHILL: To lose interest. To BURN UP: Said of dice when a player is underworld usage.) having a winning streak. Cf. HOT. CHIPPY: (1) A sucker. (2) An inexpert BUSTERS : A pair of mis-spotted dice. These player. are made in many combinations de- To CHISEL: To place small bets, always signed to turn up certain numbers. with a favorable percentage. Either one or both may be switched into CHISLER: A cheap, careful player who and out of the game as the situation plays strictly for the best of it. demands. See TOPS. CHISELER'S TABLE: A table which will ac- To BUST IN AND To switch busters cept small bets and one at which the or tops into and out of a game. limit is not high. Also SMALL TABLE. THE ARGOT or THE DICE GAMBLER 123

CHOPPER: The cutter in a dice game. To COP: To win. (Probably borrowed To to knock the dice together in- from the circus grift.) in the process of making a To COPPER THE DICE: To bet the dice to switch. lose. (Probably taken over from faro CLEAN : to get rid of crooked dice or bank.) any incriminating objects. "He cleans COWBOY: A reckless gambler. Also HIGH- himself of gaffs." (2) Free of incrimi- ROLLER. nating objects, such as cheating devices The numbers 2, 3, and on dice. or guns. (Origin obscure, perhaps French.) CLEANED: Broke. CRAP HUSTLER: A professional crapshooter CLEAN Any cheating move cleverly who makes his money by betting where executed. he can take a high percentage, by of- CLOSED GAME: A game open only to cer- fering sucker bets, or by the use of tain players, often a private game be- cheating methods. tween big-money men. To CRAP OUT: To roll a 2, 3, or 12 on CLOSE TO THE BELLY or Cautiously. the first roll. Said of a dice player who bets only (1) A dice game, fully described when almost sure of winning. (Bor- by John Scarne and Clayton Rawson rowed from cards.) in Scarne on Dice. (2) The dice. COCKED DICE: A dice throw which does CRIB: A gambling house. not count, either because the dice roll CROSS: The act of beating someone who off the table or because there is doubt is engaged in cheating. "Every gaff has as to which surface is uppermost. its cross." "We gave him the cross." COLD: Said of dice that are losing more CRUMB A small-time chiseler. often than winning. CRY ACT: The bewailing of imaginary Numbers facing each other losses; characteristic of hustlers. when the dice are held for certain con- CUP: A leather receptacle for shaking dice. trolled rolls, the pad roll and the drop Also BOX. shot. CUT: The percentage taken out by the To COME: To succeed in either repeating house or the operator of a game. the number of one's second roll or mak- To CUT UP BIG WINS: To reminisce; to ing one's point before rolling a seven. talk over old times. A bet that the shooter will CUTTER: An operator who charges a player either repeat the number of his second making one or more passes in an open roll or make his point before rolling a game. seven. . . he'll throw a natural on CUTTING GAME: A round-table or street the come-bet roll. . . game in which a percentage of the (1) Small bets given a sucker center is taken by the stickman after to build up his confidence prior to two or more consecutive passes. cheating him. (2) Any action designed DEAD HEAD or DEAD A person who is to stimulate the sucker to get him into not playing, the implication being that the game. (Generalized.) he is broke. COME-OUT: The first throw of the dice after a shooter's decision. To DEAL: To collect winnings and pay off COMING OUT : A phase used by the stickman losses in a crap game. to signify the come-out. Usually an DEALER: The banker in a dice game. admonition for the bettors to get their DEUCE: Point two on the dice. bets down. The DICE ARE Said of dice which are SHOT: Any of a number of meth- not true, either because they are cheap ods of throwing the dice whereby the dice or because they are crooked. shooter is able to control their fall, if DICE PICKER or DICE DETECTIVE (East) : not totally, a high proportion of the A houseman whose job is to pick up the time. See DROP SHOT; GREEK SHOT; dice that have fallen from the table. SPIN (THEM) ; WHIP SHOT. Also FLOOR MAN (West). 124 THE ANNALS OF THE AMERICAN ACADEMY

A hustler. (West). EVEN See BLANKET ROLL. DO: A win bet, meaning "bet they (the EVEN-UP: A bet or proposition that is dice) do win." "Bet they do, bet they fifty-fifty. don't, bet they will, bet they won't." To OFF: To place certain faces of DOCTOR: A signal or office, used by cheaters the dice against each other as in certain in the presence of suckers. "O.K., control shots. This is done in shooting Doctor," sometimes in conjunction with either from the hand or from the box. a hand signal, informs the cheater that To FADE: To cover all or part of the his move has been noticed by another shooter's center wager. cheater who will ride along with him, FADER: The person who covers the naturally expecting a share of the win. shooter's center wager. "Is the Doctor working?" FADING GAME: See OPEN CRAPS. To DOG IT: To refuse to honor a wager or FAT: Said of a person with a large bank debt. roll. DON'T: A lose bet, meaning "bet they (the FEVER: (1) The gambling habit. (2) Point dice) don't win." five in craps. DON'T-COME or BET: A side FEVER IN THE SOUTH: Point five in craps. bet in which the bettor wagers that the FIELD: A space on the layout containing dice will lose, considering the next roll a group of numbers, 2, 3, 4, 9, 10, 11, as the come-out. See COME-OUT. 12, or 2, 3, 5, 9, 10. DON'T-PASS LINE: A line on the layout FIELD BET: A bet that one of the "field where don't-come bets are placed. numbers" will be thrown on the next DOORMAN: Anyone who admits players to roll. a gambling room; part of job is to FILL: Weight put into dice to favor cer- look for weapons. tain combinations. DOOR Crooked dice which roll seven FILLS or FILLED Dice which have or eleven predominantly. Some com- been loaded. •. binations include three. : Point five on dice. DRAG: A bettor who does not let his FIRST FLOP DICE or FIRST POP DICE : A type money ride. of heavily loaded dice which tend to To DRAG DOWN: To take back all or part bring up the same number each time of money won instead of letting it ride they are thrown. Used with a slick box on the next roll of the dice. or slick cup. Also SETTLERS. DROP: The location where players are FIX: (1) Arrangement with a politician picked up (by housemen or steerers) or police official under which a gambling and driven to the game. house operates. (2) The money paid. DROP SHOT: See GREEK SHOT. FIXER: A person who has political con- To be DROWNED: To lose heavily. nections through which he can secure DRY: Broke. the protection necessary to operate a To DUST (someone) OFF: (1) To flatter a gambling house. player by telling him how smart he is. The FIX A situation in which pro- (2) To cheat a player out of his money. tection is bought and paid for by gam- (Hustlers' usage.) , blers; while this protection is not ab- An advantage. solute, it enables gamblers to operate EDGE WORK: Dice which have been al- freely. tered (beveled) along the edges. To FLAG: (1) To call or signal a con- EIGHTER FROM DECATUR: Point eight in federate. (2) To bar a player from a craps. game or establishment. ENGLISH: The simultaneous sliding and FLAT A side bet made among players spinning action of the dice characteristic that the dice will or will not win. of most control shots. FLAT: See BRICK. ENGLISH SHOT: A control shot, nearly al- FLOATING GAME: A game which is shifted ways a drop shot. from place to place in order to escape THE ARGOT OF THE DICE 125

police detection or a raid by a holdup GIMMICK: (1) A cheating device. (2) mob. A means whereby dice are gaffed, q.v. FLOATS: Crooked dice which have been To be GIVEN THE (1) To be hollowed out inside so that they are off shortchanged. (2) To be cursed and n balance. This type of work cannot be called names. g done on transparent dice which are now To GIVE (someone) THE ARM: (1) To x. used in most games, so floats are al- strong-arm a man in order to take most obsolete. money away from him. (2) To fail (1) A houseman who acts as to pay money owed. manager of a house. He is usually To GIVE (someone) THE BUSINESS: (1) owner or part owner. (2) A houseman To harm or cheat someone. (2) To use who watches both players and employees crooked dice or cards. (3) To give k for cheating moves, who picks up dice someone a brush-off, that is, diplomati- that are dropped on the floor, etc. cally refuse his allay his suspi- FLUSH-SPOT DICE: Dice with spots flush etc. with the surface, rather than indented To GIVE (someone) THE NEEDLE: To rib as is customary. or tease someone. To FREEZE OUT Or SQUEEZE (1) To To GO A MARKER: To advance funds to a force a gambling house out of business. player whose credit is good with the (2) To force a gambler out of a game. house. d FRISK ROOM: An anteroom in some gam- To GO FOR IT: To be taken in by some bling houses where players are searched crooked plan. immediately after they enter. GOOD (1) A player with a large FRONT LINE: See PASS LINE. amount of money. (2) A good cheater. FRONT MONEY: (1) Money used to make To GO SOUTH or HEAD (1) To an impression on suckers. (2) Bank- take one's money out of a crap game. roll money. (2) To steal the bankroll. Legitimate dice, or square dice. GRAVITY DICE: A type of loaded dice. Cf. >e FULL TABLE: A crowded dice table. FLOATS. .o GAFF: Any secret cheating device. (2) SHOT: A controlled cast of the dice. The method by which dice are altered. The dice are set one atop the other, Crooked dice of any kind. with the desired faces up. They are See the HARD WAY. then thrown with a whiplike motion GAG-BET: A bet that the point will be which causes them to twirl rapidly. made with a pair. Dropped properly on a soft surface, GALLOPING DOMINOES or A pair of they will fall dead without sliding or dice. (Sucker word.) rolling. Also DROP SHOT. To GATE: To stop the dice before they •e To GRIND AWAY or To bet slowly have finished rolling, usually when a a and steadily. Also to GRIND UP NICKELS roll appears suspicious; also done by AND to GRIND UP A LIVING. superstitious gamblers on occasion to change the shooter's luck. HAND: Collectively, the rolls between the GETAWAY LAYOUT: A layout for craps shooter's taking up and losing the dice. which can be moved quickly and easily. The HARD Making the points 4, 6, 8, To GET BEHIND THE For a dealer or 10 in pairs, such as two 2's, 4's, or stickman to go to to open etc. Also the GAG. a the game. BET: A bet that the point will To GET ON THE To work at the be made with pairs. Also GAG-BET. crap table, either as dealer or stick- To HAVE A SIGN ON BACK: See man. CHALKED. To GET OUT or GET To regain one's HEAD: The gross take. "Off the head :d losses. means paid before expenses are de- )e G. MARBLES: Dice. (Obsolescent.) ducted." 126 THE ANNALS OF THE AMERICAN ACADEMY

HEAD TO HEAD: Betting between two HORSES: A type of mis-spotted dice. players. (Usage obsolete except in the cata- The HEAT ON: Said of a situation in logues.) which a house has been closed because HOT: Said of dice when they continue to of unfavorable publicity, complaints by win. Cf. RED HOT; COLD; ICE-COLD. customers, or police shakedowns. HOT SHOT: A plunging bettor. To HEDGE: To cover a wager with a (1) The bank or proprietors of a compensating bet to avoid a loss or to game. (2) The bankroll. (3) Any- break even. thing pertaining to the management. HEEL: A cheap gambler. HOW'S THE PLAY? Or HOW'S THE ACTION? HEELED: (1) Carrying a gun. (2) Carry- A question asked to learn whether or ing a large sum of money. not there is lucrative play going on at HEP or (1) Understanding a crooked the crap table. game. (2) Understanding the proper The HUDSON: A type of controlled shot. odds on proposition bets. This is a spin shot in which the dice HEP-GEE or HIP-GEE: A person who under- are thrown so that they spin with the stands the angles of a game. Also same face down rather than tumble. HIPSTER. HUSTLER: See CRAP HUSTLER. HIGH Craps for big stakes. "When ICE: Protection money. I was in the rocks I used to play a lot of high craps." Said of dice that are losing con- HIGH-ROLLER: See COWBOY. sistently. Cf. HOT. The HIGH SIDE: Numbers 8, 9, 10, 11, 12 INSIDE WORK: Any internal alteration of on a dice layout. dice. HILLBILLY A private or street crap IN THE BLACK: Winning steadily. game. IN THE Having a large amount of HIPSTER or HEPSTER: See HEP-GEE. money. HIT: A pass in dice. IN THE CLEAR: (1) Free of debt. (2) Not To HIT: To win. wanted by the police. HITS: Mis-spotted dice that do not throw IN THE HANDS OF THE In- seven. debted to loan sharks or other gamblers. To HIT AND RUN: To win quickly and IN THE (1) Owing money. (2) withdraw from the game. Losing steadily. To HIT IT: To make a point. JIMMY HICKS: Point six on dice. To HOCUS: To alter fair dice to crooked JOE: See LITTLE JOE. dice. JOE GOSS: The proprietor of a gambling A method of holding extra dice house or game. (From so-called Aus- concealed in the hand. See PALM HOLD- tralian rhyming argot: Joe Goss, the OUT; SOCKET HOLDOUT; SUCKER HOLD- boss.) OUT. JOINT: Gambling house. HOLDOUT ARTIST: A gambler who conceals JONAH: (1) A superstitious player who the full amount of his winnings from a tries to control his luck with phrases or partner or other members of the mob gestures. See PRAYING JOHN. (2) One and pockets the difference. whose presence is thought to bring bad To HOLD HEAVY: To be well supplied luck to others. (3) To try to influence with money. ., the dice by words or gestures. (4) HOOK SHOT: See the HUDSON. To appear to bring bad to some HOOP: A finger ring sometimes put into one. a crap game when the player is out of JUICE: Electricity, especially as applied funds. to control of dice. HOPTOADS: dice, in general. A gambling house where (East.) electric dice are used. THE ARGOT OF THE DICE GAMBLER 127

JUMP SHOT: A control shot used in street . der the spots, which causes the die to games where the dice are thrown for turn up a certain number more fre- some distance in the air. quently than the law of averages would To KILL ONE: To control one of the dice, permit. (2) An unfavorable percentage. particularly the bottom one. "When six-ace flats are riding, the field To KNOCK or KNOCK A To reveal a has a load instead of an edge." cheating device to a sucker, thus dis- LOADS: Loaded dice. couraging his play. LOB or LOBBY A house employee who KNOCKERS: See TAP DICE. cleans, runs errands, etc. (Probably A person who watches both from the argot of the old-time opium housemen and players in order to guard smokers.) against trickery. So-called from the LOOKING FOR Seeking a gambling elevation where he stands to observe game. the game. Used only in large gambling LOOKOUT: An employee of the house who houses. watches everyone and every action to LAGGED: Arrested. spot cheating or trouble. LAYER: A consistently wrong bettor; that LOOSE TABLE: A table with only a few is, one who bets the dice to lose. players. To LAY To bet that the dice will lose. LOP (1) A sucker, especially a stupid - To LAY IT ON or LAY IT To bet one. (2) An inexpert player. heavily. LOW SIDE: On the dice layout, the num- LAY IT ON THE GREEN : A phrase sometimes bers 2, 3, 4, 5, and 6. used by the houseman to indicate that A steerer for a crooked gambling the house will accept a check offered by house or game. a gambler. The green refers to the To MAKE A HIT: To win heavily. felt-topped table. MAIN: The shooter's original stake and To LAY THE ODDS: To bet that the dice its fade. will lose. See ROLLERS. LAYOUT: A diagram showing the odds and MARK: A sucker. . bets on the board or crap table. MARKER: (1) An (2) A disc LEGIT GAME: An honest game. placed on the point number so as to in- LEGIT GUY: A person without underworld dicate it. Also BUCK. connections, though not necessarily an MASON: A person who will not take part honest man. with his money. Also STONEWALL. To LET IT RIDE: To place all the money MECHANIC: A gambler skilled at manipu- won on a new wager. lating crooked dice. LEVELS: Honest dice. Cf. PERFECTS; MEMPHIS DOMINOES: Dice. TOPS; EDGE WORK. (1) Too low in funds to cover a MICHIGAN BANKROLL: A large bank roll bet. (2) Said of dice which are loaded consisting of $1 bills topped by larger so as to give a slight percentage to the ones. Also shooter. MISS or MISSOUT: A losing decision made LIMIT: The maximum amount which can by either rolling craps on the come-out be wagered on any bet according to or rolling a seven before a point num- house rules. ber. LINE: See PASS LINE. To MISS or MISS To roll craps on the LITTLE JOE, JOE, Or LITTLE Point first roll or to roll a seven before the four in craps. point number. LIVE ONE: A sucker with money. (Proba- MISSES or MISSOUTS: Crooked dice which bly from the argot of the old-time tend to lose more than legitimate dice. circus grifter.) MIS-SPOTS: Dice on which the standard LOAD: (1) A weight, sometimes consist- sequence of numbers is altered. Also ing of mercury or gold, concealed un- TOPS; TEES; TONYS; and others. 128 THE ANNALS or THE AMERICAN ACADEMY

MONKEY: (1) One who complains to NUMBERS. (Called off numbers in pri- police. (2) A timid person. vate craps, and box numbers in bank MONICKER: The house-mark on dice. craps.) To MURDER: To win money quickly, OK: Protection furnished by politicians and in large amounts. permitting a game to operate; the "go- MUSCLE MAN: (1) A tough guy. (2) A ahead" signal to open for business. person who tries to cut in on the ONE DOWN: The stickman's cry when one from a gambling game. (3) One who die has fallen from the table. plays on credit without the money to ONE ROLL A bet which is decided on make good his losses. the next roll. NAILED: (1) Caught cheating. (2) Ar- To be ON THE ERIE: Attempting to over- rested. hear a conversation. NATURAL: A seven or eleven thrown on ON TAB: Gambling on credit. the come-out roll. Cf. COME-OUT. OPEN CRAPS: A house game permitting NEVER GIVE A SUCKER AN EVEN BREAK Or side bets among the players. NEVER SMARTEN A SUCKER UP : A grifters' OPEN LIMIT GAME: See NO LIMIT GAME. saying common among dice gamblers. To OPEN UP: (1) To start the game. (2) NICKEL GAME: A game in which correct To divulge information. odds are paid players. "Old John OUT IN FRONT: Winning money at dice. brought the nickel game to Philly The OUTSIDE: Players as distinguished around 1910." from employees of the house. NICKEL MAN: The dealer of a nickel game. OUTSIDE (1) An employee of a gam- So called because he collects the bling house who directs players to the charge for the house. house. Also LUGGER or STEERER. (2) NINA or NINA FROM CAROLINA: Point nine Any player other than the stickman in craps. who switches in crooked dice. NINETY DAYS: Point nine in craps. OUTSIDE WORK: Any external altering of NO A roll which does not count, the dice. either because one of the dice has rolled OVERLAY: (1) A bet made by a player off the table or is standing on edge, or who cannot cover it with his bankroll. because the shooter has not observed (2) A wager made at higher than "natu- the rules. ral" odds. . . as even money on a NO GOOD UNDER Said of a dice six-eight cheater who can manipulate the dice OVERS: Bets which have been overlooked; but becomes nervous when he is taking a sleeper. (Sucker word.) money away from someone. NO LIMIT A game in which players OVER THE A winner who is play- may bet any amount they wish. ing on the house's money. NUMBER: Any point. "He picked up the PAD ROLL: See BLANKET ROLL. dice and throwed six numbers." (That PALM HOLDOUT: A means of concealing is, made six passes.) extra dice in the palm. A difficult and NUT: Expenses or overhead required to sometimes dangerous move. "The hand operate a crap game. which has developed the necessary mus- (1) One who finances a game or cle to operate a palm holdout looks gambling house. See BACKER. (2) See clumsy and large and is likely to create CRAP HUSTLER. suspicion." (Not necessarily true, though ODDS: The ratio of unfavorable chances to believed by the speaker quoted.) favorable chances. PASS: To roll either seven or eleven on OFFICE: Any secret signal used by gam- the first roll or to make a point, any blers. one winning for the shooter. OFF NUMBER: (1) Any number appearing PASS LINE: A space on the layout where on the dice except the point which the bets that the shooter will pass are shooter is trying to make. (2) See BOX placed. THE ARGOT OF THE DICE GAMBLER 129

Crooked dice that show a higher POINT BET : A bet at odds that the point percentage of passes than do legitimate will or will not be made. dice. POSING DICK : A gambler who likes to show PAST THE BOX: A phrase used in some off. crooked games, meaning that the dice PRAYING One who believes that the cannot be bounced against a nearby fall of the dice may be influenced by cushion. a rule is made that the incantations, secret signals, etc. See dice must be thrown past the box. This JONAH. is to give the stickman a chance to PROPOSITION BET: In private craps any bust in." bet except a point, an off number, or a PAY The collection of a bet. flat bet. (2) A combination bet favored PAY OFF ODDS: The odds at which a bet by hustlers. is paid off. To PULL See to DRAG DOWN. PEEK See the HUDSON. To PUT THE BEE ON : Variant of the phrase PEE WEE DICE: Very small dice, usually to PUT THE BITE ON ; that is, to attempt made of bone. to borrow money, usually from a fellow To PEE WEE: To throw the dice to de- gambler. termine the order in which players To PUT THE EARS To attempt to make will shoot. Not done in hanking games. a controlled shot. (Possibly trans- Also tO PINKY. ferred from cards, where a crimp may To PEG (a To place a marker be called an ear.) on a number to indicate the point. To PUT THE SINGER ON To file PERCENTAGE or A advantage a complaint with the to identify in many different someone. through offering less than true odds, To PUT THE HEAT To apply pres- through crooked dice, through con- sure on someone. To cause a raid trolled shots, or through a combina- on or police investigation of a gam- tion of these methods. bling house. (3) Police raids to force PERCENTAGE general term for payments for protection. crooked dice which gradually build up To PUT THE HORNS ON : To give a player bad a percentage in the cheater's favor. luck by changing positions at the table, Cf. SURE POPS. altering a bet, or using any other device PERFECTS: Dice that are true to approxi- involving superstition. mately one-thousandth of an inch. QUEER: Counterfeit money, sometimes PHOEBE: Point five in craps. Also FEVER passed into circulation through gambling IN THE SOUTH; WEST (rare). games. To PICK THE DICE: See to CACKLE THE Point nine in craps. RAIL: See BOARDS. PIECE: A percentage or cut of gambling- The RAP: A fine or prison term taken by house profits. an employee or a gambler. To PINKY: See to PEE WEE. RATS or RATS AND Dice in general. PLACE BET: A right point bet at bank (Clipped form of the rhyming argot.) craps. See POINT BET. RAZOR EDGES: Dice cut perfectly square. The PLAY: See ACTION. They are preferred in many gambling POKER DICE: (1) A set of five dice used houses because they show up wear more in shooting for the highest score. (2) easily and because they are more diffi- A set of five dice engraved with replicas cult for the holdout man to manipulate. of face cards which are used to play RED HOT: Said of dice that are winning dice with values of poker hands. steadily. POINT: Any of the numbers 4, 5, 6, To RIDE WITH THE For the 9, 10 which the shooter throws on the house to let its cut on a round-table first roll and then tries to repeat before game remain as part of the center bet. throwing a seven. This is usually done only on request by 130 THE ANNALS OF THE AMERICAN ACADEMY

players who have even or "lucky" money SCRATCH: Cash, as distinct from other in the center. If the shooter passes, assets. the house then collects a double cut. SEND IN: A plunging bet. ' ' (2) To let a bet ride; to parlay a bet. To SEND IT IN: To make a large wager, RIGHT BETTOR or A player who especially to parlay one's winnings in bets the dice to win. the hope of breaking the game. To RING (1) To introduce crooked To SET THE To arrange the dice surreptitiously into the game. (2) dice properly in the hand for a con- To force someone in on another's plans. trolled shot. To have a RING IN ONE'S NOSE: To lose SETTLERS: See FIRST FLOP DICE. heavily. A new start given a broke To have a RING IN SOMEONE ELSE'S NOSE: player by other gamblers; done only To be able to beat him at will. in small or street games. To RIP: To swtch dice. To SEVEN To roll a seven when roll- RIPE or RIPE FOR A TAKE: Ready for ing for a point number. Cf. CRAP OUT. fleecing or for a "touch." SHAPE: A crooked die that has been al- ROCK: A player who refuses tered so that it is not a true cube. to lend money or to make foolish bets. Shapes are made in many different ways, STONEWALL JACKSON. some slightly concave or convex, ROCKS: Money. To To use a control shot. (Sucker To ROLL: To cast the dice. >• word.) ROLLERS: Dice (often crooked, though A hustler. not necessarily so) which have rounded Housemen who pose as players corners. The advantage of honest to stimulate the play. rollers is the fact that they may make SHORTSTOP: A small bettor; a chiseler. control shots more difficult. SHOOTER: The player who rolls the dice. ROLLING (1) Dice, so called from The rolls until a single decision the old-time dice which were made of is arrived at. (2) A means of controll- ivory or bone. (2) Gambling with ing the fall of honest dice. (3) One dice. who can control the fall of the dice. ROLLING FULL (1) A phrase de- SHY: Owing money. scribing fast play with the dice. (2) SHYLOCK: A loan shark. A phrase applied to a place that is op- SICE: The point and the number six. erating wide open under police protec- : Working alone, usually said of tion. hustlers. To ROPE: (1) To cheat. (2) See LUGGER. SIX-ACE FLATS: A pair of crooked dice ROSCOE: A pistol. whose six and ace sides have a larger To ROUGH IT UP: To bet heavily, thus area than tht so that they tend livening up the tempo of the game. to throw missouts. ROUNDS or ROUNDERS: Ball-cornered dice. SIXTY DAYS: Point six in See ROLLERS. To SLAMBANG: To clip patrons or other ROUND-TABLE GAME : A game in which players with cheating methods. players bet among themselves. SLEEPER: A wager or part of a wager over- RUBBER: Worthless. Said of a check. looked by the winner. (Probably bor- To RUMBLE: To excite a mark's suspicion. rowed from faro-bank.) Used in the transitive only. Intransi- SLICK BOX or CUP: A leather dice box tive use restricted to TUMBLE; that is, with a polished interior to facilitate roll- you rumble a mark, but a mark tumbles. ing out the dice without altering their SACKS: A term used by gamblers to in- position. A cheating device. dicate that everything is "in the bag." SLICK DICE: Crooked dice which have some To win. The amount won. sides polished so that they are smoother To SCORE A BIG TOUCH : To fleece a player than the remaining sides. "Slick dice of a large amount of money. are seldom used, since they must be THE ARGOT OF THE DICE 131

thrown on cloth to be effective and the (1) A crap stick. See CANE. (2) P.C. is weak." A house employee who acts as a player. To SLOUGH or SLOUGH To compel A the closing of a game or house. (2) A croupier at a dice table. To close a game. STIFF: (1) An unlucky player. (2) A SLUG: The small metallic weight used to losing number. load dice. STONEWALL Or STONEWALL A SMALL TABLE: See CHISELER'S TABLES. tightwad. Cf. MASON; ROCK. SNAKE EYES: A one-spot showing on both STORE DICE: Cheap dice that are not true. dice. STREAK: Consistent winning or losing at SNEAK GAME: A game operating without dice. Cf. SPELL. police protection. SOCKET HOLDOUT: The space between the STRONG: Said of crooked dice which give base of the thumb and the forefinger. the player a heavy percentage over SPELL: A consistent winning or losing legitimate dice. streak. (HOT SPELL; COLD SPELL.) STRYCHNINE: Point nine in craps. To SPIN To control dice by spin- To be To be losing at dice. ning them across the playing surface with STUFFED: Having plenty of money. the desired faces up in such a fashion that SUCKER BET: A bet that provides the op- they appear to have been given a fair erator with a high percentage. roll. Cf. WHIP SHOT; GREEK SHOT. SUCKER HOLDOUT: Dice retained in the SPLITTER: A crooked die which is sub- curled little finger are said to be in the stituted for one of a pair of crooked sucker holdout. Possibly so called be- dice in the play so that it splits the cause it is easy to detect, since this move combination; that is, changes passers requires that the hand be held in a to missouts, etc. Cf. BUSTERS. cramped and unnatural position. To SPRING: (1) To pay the check. (2) To SUCTION DICE: Crooked dice with one con- get someone released from custody. (3) cave surface each. The concave faces To get out of jail. (4) To take out have a tendency to come up more fre- one's money or wallet. quently, since they cling slightly to the To SQUARE A BEEF: To take care of a com- surface. plaint, either by returning part of the To be SUNK: See drowned. money or by talking the victim out SURE POPS: Heavily loaded dice. Cf. of legal action. PERCENTAGE DICE. The Any kind of device ap- BOYS : Gamblers. So called be- plied to increase the favorable percent- cause they always have an edge on the age for the house. (2) The control law of averages. Also used ironically to operating a cheating device. refer to gamblers who always want or SQUEEZES: Flats which have been made, think they have a system or device which not by shaving off certain surfaces, but is infallible. by squeezing them in a vise. STAND: The platform on which the look- To SWITCH: To substitute one object out sits to observe the game. (such as a crooked die) for another STAND-OFF: A situation in which there it (such as a legitimate die). Cf. BUST no decision; that is, everyone gets his IN. money back or all bets are off. The TAKE: The receipts of a gambling STAND-UP GUY: A trustworthy person. house. STEERER: An individual who persuades To TAKE: (1) To accept bribe money. customers to patronize a certain gam- (2) To cheat. bling house, which is usually crooked. To TAKE A BATH: To lose heavily or to STEER JOINT: A crooked gambling house, go broke. usually employing steerers to bring To TAKE IT: To bet the dice to win by suckers. making the odds. 132 THE ANNALS OF THE AMERICAN ACADEMY

To TAKE IT OFF THE To pay out so that an observer does not see more money from the gross receipts before than one of any number on the three any division of profits is made. sides within his field of vision. To TAKE THE (1) To accept a bet TOPS AND BOTTOMS: See TOPS. to lose at odds. Cf. to LAY THE ODDS. TOUCH: (1) A loan. (2) A score. (3). The percentage taken by the To borrow money. house. TOWN'S UP: An expression applied to TAKE-OFF A cutting game. a town where there is not much money TAKE YOUR BEST SHOT : Phrase applied to a circulating. game among cheaters in which all use TREY: Number three on dice. their crooked devices and all are aware TRIP BOX: A type of dealer's box with a of the techniques being used. leather rim inside to turn the dice over To To follow someone. as they come out. Used to discourage TAP DICE or Loaded dice contain- attempts to control dice within the box. ing a shifting mercury load which can TRIP DICE: Crooked dice utilizing rough be changed (by tapping) to percentage sides and edges to bring up certain num- dice and back to square dice. bers. Cf. SLICK DICE. TAP OUT: (1) The last wager. To go To TUMBLE: To become aware that cheat- broke. ing methods are being used. See RUM- To TAP (someone) (1) To bet the BLE. exact amount of money which the TUMBLERS: See ROLLERS. other player has. (2) To force a game TWO-NUMBER A bet that a specified to its conclusion by winning all the two numbers will or will not be thrown money. before a seven on the next roll. TAT: (1) A mis-spotted die bearing only UP JUMPED THE The cry of the high numbers, which is used in a short stickman when the shooter seeking a con game. (2) The short con game point sevens out. making use of this die. VELVET: Money that has been won or TATS: Dice, especially crooked dice. secured in some illegitimate fashion. TEES: Mis-spotted dice. See TOPS. VIGGERISH or (1) percent- To TELEGRAPH: To betray a cheating age taken by a gambling house, which move prior to executing it, usually by may be overt or hidden by altering the some unconscious or clumsy movement. odds in favor of the house. Usually 3 THERE'S WORK DOWN: An expression sig- to S per cent. (2) See BROKE MONEY nifying that crooked dice are being used. (used around New York). THEY The cry of the right bettor on WEIGHT: The pace of the game. making a bet. WHERE'S BUSTER BROWN? An expression THEY MISS: The cry of the wrong bettor informing stickmen to switch crooked on making a bet. dice into or out of the game. (Used THEY'RE BURNING UP: Said of dice which only around suckers.) are consistently winning for the shooter. WHIPSAW BET: A bet that the shooter will or will not make either the point or its TIN : A police referring to the complement before he throws a seven. badge. To be To lose two or more TONY: A word or signal meaning mis- bets on a single roll, as in the case of a spotted dice. "Is Tony here tonight?" shooter who makes a and TONYS: See TOPS. sevens out without having made either The TOP: Gross receipts of a game or gam- his shot or come-bet. bling house. WHIP SHOT: A difficult control shot in To TOP IN : To switch tops into a game. which one die is controlled. It spins TOPS: Mis-spotted dice on which some sliding from the hand and is aimed to numbers are repeated. Usually made strike the side rail at a short angle, with identical numbers on opposite sides throwing it against the end also at THE ARGOT OF THE DICE GAMBLER 133

a short angle, from which it rebounds, who will not treat anyone else. See still in its spinning slide, with the de- SPRING (4). sired face up. Cf. TO SPIN. WOOD or DEAD WOOD: Hangers-on, non- WINDOW'S OPEN: An expression used by players, or gamblers without money. cheaters signifying that switching of WORK or WORKS: (1) Crooked dice. (2) dice is being done ineptly and that the The method of making dice crooked. alternate die or pair of dice can be The WORST OF IT: A disadvantage. Cf. seen in the player's hand. the BEST OF IT. Crooked dice that tend to make WRONG BETTOR or WRONG PLAYER: A player more than the usual number of passes. who bets the dice to lose. The A signal used between gamblers. The x or to HAVE THE x (1) To WIRE JOINT: An establishment where elec- control gambling in a town. (2) To be tric dice and layout are used. able beat another player consistently. WON'T SPRING: Phrase applied to a person ZING or to ZING IT IN: To bet heavily, who will not gamble or take a chance, or particularly to parlay one's winnings.

David Ph.D., Louisville, Kentucky, is professor of language and literature at the University of Louisville, and staff consultant for Joseph E. and Sons, Inc. He has also taught at Ohio State University and the University of Tennessee. He is an active member of several research groups, his activities including industrial research. For the past twenty years he has on the aspects of language, especially the speech patterns of professional criminals, and has published widely in this field. He is member of the Advisory Board of "American Speech," an adjunct of Columbia University Press; The Modern Language Association; The American Dialect and other organizations. Gambling in the Latin American Countries By MANUEL LOPEZ-REY HE fact that in most of the Latin Gambling, that is, playing games of American countries some of the chance for money, cannot be considered main forms of gambling are similar to an innate human instinct. It is true those practiced in the United States that it is related to certain primary or does not necessarily imply that gam- basic human traits, but it does not bling, as a social problem, presents the necessarily follow that gambling is same characteristics or that it has the either natural or unavoidable. Actu- same gravity in both continents. ally, gambling can become a habit as a result of certain existing factors. If GAMBLING AS A SOCIAL PROBLEM these factors are restricted or sup- As with other forms of social con- pressed, gambling can also, to a conduct, gambling is not in itself a social siderable extent, be restricted or sup- problem. It becomes one only when its pressed. The difficulty is that in some extent and repercussions require that countries some of the factors which it be submitted to legal control. Gen- favor gambling cannot so easily be con- erally speaking, the purpose of such trolled, because of political corruption control is to limit as much as possible and the professionalization of crime. the harmful effects of gambling. Both of these elements are strong Historically, not all forms of gam- enough to hinder any honest effort to bling have been restricted or prohibited. abolish even the most dangerous forms The reason is that gambling, to a cer- of gambling. tain extent, is a necessary element in In some countries, gambling is not a certain social groups. Any law in- problem. Even in those countries tended to prohibit all forms of gam- where it is practiced, very often only bling would be a complete failure. a small proportion of the population Therefore, we may conclude that the indulge, and some of these only rarely. term "gambling" has a definite cultural Nevertheless, gambling persists not only content; that is, its meaning changes as a social problem but also as a through the ages and from country to nological one. What are the factors country according to the prevailing responsible for this? system of cultural values. My purpose is not to elucidate all In the Spanish-speaking countries these factors. To do so would take there is no precise equivalent for the much more space than is here avail- English word "gambling"; in these able. Rather will I merely outline, in countries the word (play) covers general terms, the following main fac- any form of playing whether for money tors which should be considered in any or not. If we assume that language is review of the problem of gambling: the most important cultural form for psychological and cultural conditions, the expression of ideas and values and (2) professional crime. These deeply rooted in any people, such a factors will be presented from the gen- distinction between the Spanish and eral social point of view, not the indi- the English terms should help us to un- vidual. derstand the different attitudes of the Before examining how the above- respective people as regards gambling. mentioned factors influence gambling in 134 GAMBLING IN THE LATIN AMERICAN COUNTRIES 135

the Latin American countries, a word instincts. Therefore it should be con- should be said about the meaning of sidered more as a social habit. Con- the term "Latin American countries," sequently gambling does not become a which covers at least four groups of problem unless it is practiced by a nations, closely related but each with substantial number of persons or social its own special characteristics. Fol- groups. lowing the geographical order, the first In the Caribbean countries and in group is Caribbean states. The Brazil gambling appears to be prac- second is the Indian Latin American ticed more generally by all social groups group typified by Mexico, Guatemala, than in other Latin American countries. Ecuador, Peru, and Bolivia. Strictly The reason is that here the native popu- speaking, this group could be subclassi- lation is not segregated in the same in view of the differences among way as in Bolivia, Ecuador, and Peru, the Indians cultures represented. There- and there is therefore greater partici- fore any social study of this group must pation in the common patterns of cul- consider the Indian populations. It is ture, especially if it is recalled that true that in the above-mentioned coun- imitation plays a very important part tries the Indian population is not the in all social activities. ruling one; in spite of this, however, We shall consider next those coun- it plays, both directly and indirectly, tries where the population is largely a very important role in the social life composed of Indians. In Bolivia and of these countries. Peru the prevalent ethnical The third group consists of the south- the and the not ern Latin American gamblers; historically, gambling has tina, Chile, and Uruguay. The fourth never played a part in their cultures. is not, strictly speaking, a group at all, Neither is it widespread among those but only one country, Brazil, which of mixed white and Indian stocks, the merits special consideration because of mestizos. In these countries gambling its large size. seems to be indulged in chiefly by the From any point of view, each of the white minority groups in which the new above groups has its special characteris- European immigrant, especially in Bo- tics; these do not, however, exclude livia, is gradually becoming an impor- some common features among the four. tant element. Practically speaking, Any social study should take into ac- only in this ruling minority group does count differences as well as the common gambling take place. The Chinese features, but the latter should not be Peru chiefly in Lima, exaggerated, as is all too frequently and a few other done. well known as a group which practices gambling. PSYCHOLOGICAL AND CULTURAL In Mexico, gambling is, again, very CONDITIONS rare among the Indian population. Among the Mexican population which Gambling as a national social prob- is not Indian, gambling is more wide- lem implies a general homogeneous cul- spread than in similar groups in Peru ture and psychology. As previously and Bolivia. (As will be seen later, the stated, it should be borne in rnind that problem of gambling in Mexico has re- gambling is not the result of natural ceived a certain amount of attention trends or instincts, but rather of ex- from governmental authorities.) ternal factors supported by primitive In the southern Latin American coun- THE ANNALS OF THE AMERICAN ACADEMY tries (Uruguay, Argentina, and Chile), perhaps not always obvious, degree to because of the greater cultural ho- which it affects those of other, or mixed, mogeneity of the population and the strains. consequent freer participation in the Additionally, the Latin American prevailing cultural patterns, gambling countries are by no means yet com- is widespread to a certain extent even pletely under the influence of among the lower classes. ogy (mechanical and inventive "prog- From the above it is obvious that be- ress") ; they are not, strictly speaking, fore it becomes a social problem, gam- technically minded countries. bling presupposes: first, a fairly ho- The influence of technology on the mogeneous culture pattern, and second, spread of gambling is marked in two that this culture should have a mate- ways. First, in spite of the material rialistic In other words, in progress which technology offers, it order to become a social danger, gam- also dehumanizes man. Many of the bling must be practiced by a substan- problems of our epoch are due to the tial part of the population. Its wide- fact that technology all too frequently spread practices implies a receptiveness dominates man instead of being domi- to gambling on the part of the popula- nated by him. This dehumanization lation concerned; this receptiveness is means more individual dissatisfaction, greatly facilitated by the two condi- an increase of tension, and a general tions mentioned above. lowering of moral and family values. At present, not all Latin American Second, technology furnishes new forms countries can be placed in the same of gambling. The roulette wheel is a category as other countries as far as good example; an even better one is the cultural background is concerned. For slot machine. In facilitating gambling example, the cultural basis of these among all social classes and groups, countries is predominantly agricultural technology has, at the same time, de- way of life which does not conduce humanized the gambler. From an emo- to gambling as does an industrial cul- tional point of view, the slot-machine ture. Gambling is widespread only in gambler is the least human of all. If the relatively industrialized countries, games of chance are simply an expres- such as Argentina, Brazil, Chile, and sion of primitive competi- Mexico. Yet even here it should not tive strugle for life, the dependence on be considered as a national social prob- the favor of the it lem. The Indian cultures, especially in cannot be said that there is any real Bolivia, Peru, Ecuador, Guatemala, and gambling in the slot machine. The re- Mexico, do not encourage the spread lationship between the slot machine of gambling. These cultures, in spite and the gambler is that of a business of the segregation of the Indians, have and not that of a game of chance. And an important influence on the mestizos business, to be successful, needs to and also on the white population, es- create the habit of dependence upon it pecially when the latter live in the by the this case, the Indian environment of the interior of hapless victim. the country. This Indian influence upon the non-Indian groups awaits de- PROFESSIONAL CRIME tailed study for the strong, although The relationship between crime and This expression is used here as equivalent gambling cannot be neither to materialistic Weltanschauung. should it be exaggerated. GAMBLING IN THE LATIN AMERICAN COUNTRIES 137

When professional crime becomes sufficiently well organized and powerful, FORMS OF GAMBLING PUBLIC new fields are sought from which to PARTICIPATION IN THEM obtain not only additional money but In the Latin American countries, the also increased political influence. The most widespread forms of gambling are: latter the essential prerequisite to lotteries, raffles, horse racing, poker, obtaining a practical impunity, police roulette, baccarat, de fer, and protection flowing as the "natural" consequence of such corrupt political The lottery is considered a national influence. Among the more or game, run either by the state or under less related to crime, professional gam- its direct control. The buyer of tickets bling is probably the most remunera- in a federal or state lottery is not con- tive. Therefore, such gambling in all sidered a gambler, but a person par- its forms is organized chiefly by per- ticipating in a normal, honest game. sons related, in one way or another, to No one is ruined by such their crime and political corruption. No social and individual harmful repercus- justification can be found for permit- sions are not serious; they are generally ting gambling to be conducted as a a source of revenue for the government. business; the only measure which can Very often a substantial part of the stop this kind of gambling is the revenue is devoted, according to the strictly enforced prohibition of those law, to one or another form of social forms considered to be socially dan- assistance. Private lotteries are pro- gerous. hibited. Generally speaking, any raffle Past experience has very clearly has to be specially authorized and must shown that where professional criminal have as its object the raising of money or groups are strong, for some welfare or social cause. In gambling is widespread not only among some countries the number of raffles has criminals themselves but also among increased considerably during the past law-abiding elements. This is because few years, and these have given rise to the latter are considered the most de- abuses and penal and In countries with a federal political therefore everything is done to interest organization there is not only a federal as many of them as possible. lottery, but state lotteries as well. Usu- In Latin America, professional crimi- ally, federal lottery tickets are sold nal activity engages only a negligible throughout the country, and state lot- proportion of the population. It is tery tickets only the limits of the more likely to be an individual than a issuing state. This gives rise to the gang or criminal organization that is smuggling of tickets between jurisdic- involved in such activity. Gambling tions and therefore to some forms of therefore is not made a matter of crimi- penal contraventions, but these are not nal group or organization "business" as severely punished by in some other countries. It is true that lotteries do exist in some in some instances professional gam- countries. In Brazil, the most wide- bling has been facilitated by corrupt The term "crime" is not often used in the politicians and protected by corrupt Latin American countries. Generally speak- police, but as an activity organized for ing, the penal offenses are divided by law into two groups: i.e., felonies or profit it has never been practiced by meanors, and or simple police criminal gangs or groups. infractions. 138 THE ANNALS OF THE AMERICAN ACADEMY spread is the jogo do The or- penal and criminological problems; the ganizers of and participants in this latter viewpoint is supported by a less form of lottery are severely punished substantial group of persons. with prison terms and fines of from Those who advocate its prohibition, 10,000 to 50,000 recognize gambling as a frequent source Horse racing is popular in Argentina, of family disruption and individual Brazil, and Chile, and to a less extent economic dislocation, leading to dis- in Mexico. The is au- honesty, fraud, larceny, embezzlement, thorized only at the track. Bookmak- and other forms of criminal behavior. ing and poolrooms are in general pro- Those who favor legalization argue there are very few bookmakers that gambling is inherent in human in business, and when caught they are beings and that attempts to prohibit it severely punished under national laws. will only increase the number of crimi- gambling houses are author- nal Moreover, they point out ized in Argentina, Chile, and Uruguay that gambling can furnish governments during the summer season and at the with substantial revenues which may be summer resorts of Mar del Plata, devoted to social assistance or welfare Valparaiso, and Montevideo respec- programs which otherwise could not be tively. Persons under age are not au- carried out. thorized to visit these places, where It is the writer's personal belief that roulette, baccarat, and fer total prohibition of all forms of gam- are the usual games. bling can never become a reality, even Poker is played widely by the upper should such a law be drastically en- and middle classes in almost all Latin forced. Only public gambling should American countries. The lower classes be prohibited. The maintenance of have other kinds of games of their own. summer resorts does not justify public Gamblers are almost exclusively gambling; actually, its suppression in women are not usually gamblers, ex- such places has not affected their pros- cept perhaps in the upper and middle perity. classes. In the summer resorts the It is claimed that prohibition is not number of occasional gamblers increases feasible because of the difficulty of considerably. establishing which forms of gambling In Argentina, Brazil, Chile, Mexico, should be prohibited and which should and Peru, gamblers seem most often to not. The question turns on the mean- be drawn from the following ing and extent of the phrase "public Slav, Syrian, Lebanese, and Chinese. gambling." The difficulty can easily Very often the members of these minori- be overcome, first by specifying the ties hold important positions in the games permitted by law and those which industrial, commercial, and financial are prohibited. fields and, increasingly, even in politics. It is the writer's opinion that legalization of gambling implies that LEGAL STATUS OF GAMBLING (a) a factor in family and economic Two very definite tendencies may be disruption is legalized; (b) a factor in noted regarding gambling in Latin crime becomes more or less legally America. One favors its prohibition (c) the satisfaction of the and the other its legalization. The social needs of a few is obtained through former is supported not only by the the disgrace, misfortune, and dishonor majority of public opinion but also by of many gambling as a way those who deal professionally with of obtaining money is put at the same GAMBLING IN THE LATIN AMERICAN COUNTRIES 139

level as any legitimate way of earning American laws and regulations regard- it; and (e) the police are recognized ing gambling cannot be made here, only as incapable of coping with a social the most typical will be reviewed. As problem, because of corruption or inef- a general feature, all Latin American ficiency. penal codes originally contained pro- In most Latin American countries, visions penalizing public gambling. In the prohibition of gambling comes about some countries this was considered a largely as a result of public opinion. In minor in others a police infrac- some other countries, governmental tion only. On the average, penalties policy differs, with the result that some were low: fine and/or jail up to sixty forms of public gambling are legalized. days. Experience shows that the legalization These penalties soon proved inade- of gambling and betting on sports quate to prevent gambling from becom- events has always a corrupting result, ing a social problem, particularly in especially when private persons or urban areas. Therefore in almost all groups are permitted to dominate the Latin American countries special legis- activities. The police cannot avoid cor- lation on gambling was passed, deriving ruption when legalized gambling is al- from the general conviction that gam- lowed to be operated as a private busi- bling is a factor in crime. ness or industry. Corruption is con- The common characteristics of this siderably restricted when certain forms special legislation are: of gambling, such as lotteries, are op- 1. State lottery only is permitted; erated by official institutions or govern- any other form is prohibited. ment agencies. 2. Lottery is generally considered a The belief that a state lottery has a source of public revenue, a substantial disrupting influence upon the citizenry part of which is very often devoted to is an erroneous one. Only private lot- meeting social needs. tery, as in the United States during the 3. Public gambling is prohibited. nineteenth century, produces this ef- 4. Legalization of gambling exists in ot fect. The fact is that in the United only a few countries; in effect, only of States, where no state lottery is allowed, some summer resorts are allowed to gambling corruption is deeper and more maintain public gambling places, or widespread than in any Latin American casinos. country. This is due to a variety of 5. Violations of gambling regulations factors, the most important of which is are now severely punished as misde- that in the United States the principle meanors and not as simple police in- of free and individual enterprise has fractions, as formerly, except in very been applied to gambling. It is es- few cases. timated that at present there is in the United States a fifteen-billion-dollar CARIBBEAN AREA gambling industry handled by big book- The most representative legislation makers and their associates. The con- for control of gambling in the Carib- clusion is an important difference be- bean area is that of Cuba. The Cuban tween a lottery conducted as an of- penal code of 1936 considers gambling ficial income-producing state operation a misdemeanor and defines it as any and gambling as a business operation. game in which chance, and not the skill The former is far less corrupting than or dexterity of the player, is the de- the latter. cisive factor or element in obtaining As a complete study of all Latin money. This definition practically re- 140 THE ANNALS OF THE ACADEMY produces a parallel provision in the lation of May 13, 1930 all forms of Spanish penal code of 1870, and is open public gambling were prohibited in the to some criticism. Actually, in many mining regions, and by a law of Octo- forms gambling, skill or a certain ber 6, 1938 all public gambling houses knowledge of the game is decisive in were forbidden throughout the Repub- winning. lic. However, in 1942, by special au- Lottery as a source of public revenue thorization, public gambling was al- is regulated by the law of July 7, 1909. lowed at the capital, La Paz. This Gambling has also been considered as a exception was severely criticized by the possible means of increasing the tourist public, and was not renewed the follow- trade. Therefore the law of August 8, ing year. 1919 legalizes certain forms of public gambling in recognized casinos. Other Mexico forms of public gambling have been Gambling has been considered in authorized by the regulations of Janu- Mexico chiefly as a matter of social ary 29, April 5, 1936, and Feb- concern in certain urban areas, espe- ruary 1, 1938. In practice, the courts cially Mexico, D. F. rule as to which new forms of gambling Historically, the penal codes of 1871 are covered by the regulations here and 1929 a certain ex- enumerated. tent gambling. The present penal code of provides fines INDIAN LATIN COUNTRIES and imprisonment from three to six months for public gambling; but owing Bolivia to the organization of the country, these The old Bolivian penal code of 1834 apply only in the Federal District and contains several provisions on gam- Territories, but not in the other states. bling, most of which are obsolete to- Each of these therefore has its own day. In Bolivian legislation, the dis- jurisdiction, and some of them tolerate tinction between prohibited and non- or permit gambling, while others do not. prohibited forms of gambling has never Moreover, from 1933 to public been clearly stated in the law. gambling was legalized not only in the In the projected penal code of Federal District and Territories, but in gambling was considered a misdemeanor several states as well, with a resultant and a distinction was made between increase in frauds, larcenies, embezzle- prohibited and authorized forms of ment, and related A remedy gambling. According to the draft of was sought by the law of June 8, 1936 this law, public gambling was to have prohibiting any form of public gam- been prohibited. The penalties pro- bling and canceling all existing conces- posed were fine and imprisonment up sions on gambling; but again the fed- to two years. eral organization of the country pre- The state lottery is considered to be a vented the nation-wide application of source of official revenue. By a regu- the law. The government's national campaign against gambling had now to The law was drafted by the author at the face the fact that public gambling was request of the Bolivian Government and sent "moving" to the other Mexican states. to the Senate in November 1943 for its con- During World War II, additional sideration. The revolution of December 23 and the subsequent political uncertainty powers were granted the President, within the country have halted further action which gave him opportunity to intro- on it. duce a bill by which public gambling GAMBLING IN THE LATIN AMERICAN COUNTRIES 141

was considered a Federal com- of the country does not permit the ap- ing under Federal jurisdiction. The bill plication there of laws issued by the Federal law on December 30, Federal District. Public opinion is al- 1947. Its most distinctive features are: most unanimously against gambling and Only the following forms of gam- its legalization. bling are permitted: chess, checkers, billiards, and related games; racing; SOUTHERN LATIN AMERICAN football and similar sports; raffles; COUNTRIES state lottery. (2) All other forms of Argentina gambling are prohibited. (3) Betting on races and sports is regulated by law State lottery in Argentina is a source under official superivsion. (4) Penal- of official revenue not only in the Fed- ties include imprisonment from one eral District and Territories, but also n month to three years, and fines from in the provinces The Fed- to 10,000 Mexican pesos. eral law on lottery dates from Novem- The new law has been rigidly en- ber 2, 1895. forced, and results to date have been In general, public gambling is pro- very satisfactory. Racing is important hibited, but there are several excep- only in Mexico, D. F. and a few other tions. By the law of August 9, 1902 cities. Betting has a minor importance gambling in any form was prohibited :s only. In general, opinion is against in the Federal jurisdiction; but the x public gambling and betting, and the law of November 18, 1944 created al- Mexican Government, reflecting this, is most an official monopoly of gambling, g exerting itself suppress any form of especially in the fashionable summer d illegal gambling. resorts of the Federal District. This law has been supplemented by other n BRAZIL provisions, the most important of which e are those of December 30, 1944, and Gambling presents the following January 3 and September 26. 1945. c characteristics in Lottery as a Horse racing is widely practiced in e source of revenue is regulated by the Buenos Aires and other cities; betting n Federal law of February 10, 1944, and is legally regulated and allowed only at clandestine lotteries are severely pun- the tracks. The main illicit forms of ished. Any public gambling, even at lottery and horse betting are respec- y summer resorts, is prohibited, while tively quinielas and redoblonas, both of 6 betting on horse races is regulated by which are punishable by fine and im- law. The main provisions on gambling prisonment up to six months. While are contained in the law on minor penal public opinion is opposed to gambling infractions, which carries penalties and its legalization, the federal or- mainly of fines and imprisonment up ganization of the country does not to one year. make easy any blanket or uniform leg- During the last few years, the policy islation against it. In some provinces of the Brazilian Government has been gambling has a legal status; in others to suppress public gambling severely. it is more or less tolerated. In 1948, at Rio de Janeiro, 1,260 per- In spite of these facts, public gam- sons were indicted as gambling of- bling is not considered to be a serious fenders. In spite of this policy, gam- social problem in Argentina. Only in bling is a matter of serious concern in the large urban areas is gambling a some states, as the federal organization matter of some concern. The present 142 , . THE ANNALS OF THE AMERICAN ACADEMY legalization of gambling is under severe gambling was legalized at the summer criticism, public opinion holding gen- resort of del Mar, near Santiago, erally that the devotion of a substantial officially to encourage tourists. The part of gambling profits to welfare pur- establishment of a casino (public gam- poses does not thereby cleanse it of all bling house) was considered necessary, taint. To derive money from gambling and it was accordingly exempted from is generally considered immoral. the provisions of Articles 277, 278, and 279 of the penal code. The board of Chile the casino is composed of three mem- The law of August 30, 1890 holds bers appointed by the President of the only authorized lotteries to be legal. Republic. All other forms are under the penalties The revenue derived from gambling prescribed by Article of the penal is distributed as follows: 67 per cent code. The law of October 30, 1924 for improvement of the casino, and 33 originally prohibited all forms of lot- per cent for the hospitals of Valparaiso, tery and raffles, but one year later the where Vifia del Mar is located. This situation changed and the decree law distribution can hardly be justified, es- of August 26, authorized the Uni- pecially if it is compared with that es- versity of Concepcion to operate a lot- tablished by law for the lottery of the tery. Following this precedent, the University of Concepcion. In effect, law of September 11, 1930 created a the greater portion is allocated to "im- national lottery, the proceeds to go to provements," although the meaning of public welfare, although it also is op- this term has been interpreted in a erated by the University of Concep- rather elastic way. cion, which practically monopolizes the The fact is that Vifia del Mar is the Chilean lottery field. Of the total value one place in Chile where gambling is a of tickets sold, 66 per cent must be de- social problem and a well-recognized voted to prizes. The net revenue is source of dishonesty and even of crime. distributed in the following propor- At present, only political considerations tions: per cent to the University of and vested interests can justify the ex- Concepcion; 15 per cent to the reserve istence of such a casino. capital of the same and 30 It is interesting to note that the law per cent to the Chilean Red Cross, was passed under the regime, welfare purposes, hospitals, and so which was never considered democratic. forth. The remainder covers operating It is not unknown in Latin America for and maintenance expenses. legalization of gambling to take place The popularity of these two lotteries under regimes only nominally demo- is very great. One reason is that the cratic. Under the same regime, the law University of Concepcion has from its of May 28, 1931 authorized the crea- inception established a good educational tion of casinos in other parts of the reputation, so that even among the country, especially in the poorest classes it is considered worthy summering or wintering places. of support. To prevent any abuse, the Horse racing is very popular in Chile. law of October 14, 1944 prohibits the By the law of March 27, 1929 betting sale of lottery tickets at prices higher on horses is authorized at the tracks, than those officially established. Vio- while bookmaking and poolrooms are lations are punished by fines of from 50 prohibited. Any infraction of the bet- to 1,000 Chilean pesos. ting rules falls under the provisions of By a law of February 7, 1928 public the penal code. GAMBLING IN THE LATIN AMERICAN COUNTRIES 143

anization, and emphasis on monetary Uruguay at the same time there Lottery is under official control in is a heightened awareness of the oppor- Uruguay and is considered a source of tunities inherent in the native and revenue. Gambling is prohibited by Latin ways of life, which together pro- the penal code but it is authorized by vide an abundant source for a truly several laws, especially those of Feb- original, Latin American culture. Un- ruary 24, 1933 and July 10, 1936, ac- fortunately, present tendencies run con- cording to which public gambling is trary to this direction, the older forms legal, especially at certain summer re- of gambling being replaced in the sorts. Betting on horse races is per- process by newer and more mechanized mitted but it must comply with regu- forms. lations, and a substantial part of the Individually considered, most gam- revenue is devoted by law to welfare blers lack imagination and dislike nor- institutions. It is interesting to note mal creative or cultural outlets. The that in accordance with Article 10 of writer believes that gambling creates the 1936 law, no information about nothing of it is corrosive of horse racing and betting is allowed to both individual and cultural values. be issued from the tracks after one The writer is, therefore, opposed to hour before the race is scheduled to public gambling and to its legalization, start. To facilitate the enforcement of which is usually only a legal farce, espe- this provision, Article 11 allows the cially when gambling is permitted to police to control all telephone lines be operated as a private business. Very emanating from the tracks. often the final result is the corruption of the law enforcement agencies, and CONCLUSION the professionalization of the criminal From the foregoing it may be con- elements which ultimately dominate cluded that, generally speaking, gam- the operation. Only a state lottery bling in most Latin American countries may be considered an acceptable minor is rather a restricted social form of gambling, but this again de- This may be explained largely by the pends upon prevailing cultural pat- distinctive cultural pattern of the coun- terns. General public opinion in Latin tries, itself the result of their historical America does not consider such a state and social development. Gambling will lottery as gambling, but in the United probably increase to the degree that States the opposite view is held. This Latin America is increasingly domi- does not, however, prevent other, more nated by materialistic corrupting, forms of gambling from their concomitant dissatisfaction, mech- flourishing in the United States.

LL.D., Lake New York, is a Chief of Section in the Social Department of the United Nations. He has held fellowships in Germany, Austria, and France and has been Minister Plenipotentiary from Spain to Rumania. He has also served as Director-General of Prisons, Madrid, as professor of penal law at the University of Madrid, and as visiting professor on the faculties of law at universities in Argentina, Chile, Bolivia, Peru, and Venezuela. He has published numerous articles in his field, and several books, including Criminology (1945), What Is Crime? (1947), and The Value Truth Serums in Criminal Procedure Betting on Football Matches in Sweden

By AHRNBORG

NGLAND "the original home of tions governing the company the follow- football betting in Europe. For ing may be mentioned: many years, large private undertakings The board of directors of the com- have been found in England which pany would consist of five members, have arranged betting on the results of of which the Government were to ap- the soccer matches in the English soccer point two, one as chairman and one as series. During the these enter- vice chairman. prises began to expand their activities From eventual profits, S per cent of to other European countries, among the invested capital, which constitutes them Sweden. In Sweden, to be sure, only 45,000 crowns, was to be distrib- there were laws against the placing of uted to the shareholders. such wagers, whether through foreign Of the income from bets, 50 per cent or domestic enterprises, but there grad- was to be distributed to the winners of ually arose a wide illegal activity be- the bets; not more than 30 per cent cause representatives of the English was to be used for the company's ex- betting enterprises distributed tip sheets penses. by various means for participation in The rest of the annual profits was to the betting. be used according to directives issued by the Government. FOUNDING OF SWEDISH BETTING The original intention to use the CORPORATION total profits of the company for the In spite of the fact that there were support of sports and outdoor recrea- many prosecutions and the Swedish tion was changed later, when the profits representatives were fined, the illegal had risen to far larger proportions than movement grew to such dimensions that had been anticipated on the formation the state found it better to legalize bet- of the company. Today the main ting through a Swedish enterprise than part of the profit goes directly into the to tolerate the moral injuries that ac- State Treasury, and only a small part company an underground activity, and of it is used for athletic purposes. The better than to allow considerable sums proportion allowed for operating ex- of money to leave the country. This penses was reduced from 30 per cent to legalization occurred in 1934, when 25 per cent, but no more than about several representatives of Swedish 15 per cent has ever been used for this sports received permission to form a purpose. corporation with a monopoly on arrang- ing betting contests. The grant of this How THE BETTING WORKS monopoly was made under strict guar- anties that the corporation would not Weekly from the end of July to the be operated for private gain but for beginning of June the company ar- public benefit; the total profits of the ranges betting on the results of soccer enterprise were to go to the state to be matches. During the fall and spring used for the support of sports and out- Swedish soccer matches are used, and door recreation. Among the regula- during the winter, when soccer cannot 144 BETTING ON FOOTBALL MATCHES IN SWEDEN 145

be played in Sweden on account of contest for specialists, which is actually weather conditions, matches little used. are used. The betting takes three dif- Like lottery tickets, the coupons are ferent cipher, and furnished with individual numbers for each type, special cou- through which each coupon can be pons are printed. identified. If, for example, an issue of On the cancellation coupon twelve 2,000,000 coupons is printed, the cou- matches are always included, and it is pons are numbered in a series from, let necessary for the participant, by mark- us say, 300,001 to 2,300,000. s, ing the coupon, to guess whether the Each coupon is made up of three )- result will be a win a loss for the identical parts, marked one, two, and home team, or, as a third possibility, a the "tab." The bettor is required to tie. This type of betting is incompara- fill in parts one and two, which are )f bly the most popular, and is alone returned in to the company, and, though :s sponsible for more than 90 per cent it is not required, he usually fills in of money placed. The coupon has the tab which he can retain as a receipt eight columns, and it costs the partici- for his payment and as a reminder of pant ore (about 5 cents) for each how he bet. How the different parts )f column that he fills in. Thus, on each are handled is described in greater de- coupon he can participate in the con- tail under the heading "Organization test with eight variants. By filling in of the Company." several coupons he can increase the According to the rules governing the :o number of variants, as well as his stakes, company, half of the takings are dis- d without limit. Those who, because of tributed as winnings in the following special calculation, wish to cover a manner. In "cancellation" betting, the larger number of are allowed groups which have made the highest, certain fill in the . the next highest, and the third highest coupons by a so-called which number of correct guesses receive each ;s constitutes a simplified method of des- one third. To prevent disproportion- n ignating a number of variants accord- ally large winnings, the maximum has n ing to certain mathematical rules. been fixed at crowns (about n The cipher coupon lists six soccer 000 dollars) per row of the coupon. e matches, and the problem here is to avoid disproportionally small winnings, guess the exact score in each match which cause an immense amount of (for example: 3-2, 4-4). It is ob- work for the company, the minimum viously much more difficult to guess the sum has been fixed at 5 crowns (about exact score of a match than to guess the 1 dollar) per row. The distribution of winner, and therefore one cannot work winnings for the "cipher" bets is two- with more than six matches. Further- thirds for the group with the highest more, only once has anyone guessed number and one-third for that with the right on all six. next highest number of right scores. The pool coupon, which includes five The minimum win, in this case, is set different contests, requires that the at 3 crowns per row. For the "pool," participant mark a certain number of special rules are applied according to matches, from a list of many, as a win the principle of odds. for one or the other of the teams or as a tie. He can, for example, from a HANDLING THE COUPONS list of thirty games select five in which The company has a head office in the visiting team will win. This is a Stockholm, twenty-five district offices 146 THE ANNALS OF THE AMERICAN ACADEMY

(central and approximately turned over to government-appointed seven thousand agents. The agents, inspectors who deposit these portions of who are primarily tobacco and news- the coupon in a vault before the be- paper dealers, have the task of provid- ginning of the soccer games. Parts ing the public with coupons, receiving two are used as working material for the coupons of the bettors, and finding the winning bets, and are collecting the payments. If the soc- turned over to a couple of hundred ex- cer matches are played on a given Sat- aminers on Monday when the results urday or Sunday, the coupons must be of the soccer matches are known. handed in to an agent the Wednesday With the help of a master card or de- before the day of the game, at the vice invented by the company, the total latest; coupons handed in later are not mass of coupons, which often exceeds receivable. When the coupon is handed 1,000,000, can be examined in one day, in, a specially constructed apparatus and the main results of the betting are stamps in the agent's name, the sum announced on Tuesday. The master bet, and a number, after which a knife card consists of a transparent celluloid separates the tab from parts one and card with the same division into col- two of the coupon. The tab, which umns and squares as the coupon. It is also carries the stamp already men- readjusted each week by covering the tioned, is returned to the bettor. The squares which correspond to the cor- numbering in the apparatus is con- rect marks with black paint. It is, tinuous, which makes it possible for consequently, the incorrect results that the agent, in his accounting, to be sure are seen through the transparent that no coupon received is lacking. The squares, the examiner need numbering cannot be changed by the cast a glance at the card to see which agent. When the time for handing in coupons are out of the running. There the coupons has expired, the agent sends are examiners who can, with the aid of to the district office a report sheet, this device, examine more than 5,000 which has also been stamped in the ap- columns per hour. paratus with the last number used dur- At the time of the examination of ing the week in question, plus the cou- the cancellation coupons, only those pons and the receipts of the week. with 12, and 10 correct results are At the district office, the account of withdrawn; but if it is feared that no each agent residing in that district is "12" can be found, coupons with 9 cor- checked thoroughly, and the coupons rect solutions can be withdrawn, too. and receipts must tally exactly. A check is made even to see that the num- DETERMINING THE WINNERS ber series stamped in the machine is unbroken. This examination takes The winning coupons withdrawn by place on Thursday or at the latest on the examiners are turned over on Tues- Friday, after which the accounts are day to the government inspectors, who, forwarded with the coupons and re- with the aid of a large staff of women, ceipts to the head office in Stockholm, compare the withdrawn parts two with which receives this material not later the corresponding parts one held in the than Saturday morning. vault, to see that the two parts agree At the head office a large staff of em- with each other. In the event of a dif- ployees takes care of the incoming ference, part one is considered to be coupons and receipts. Immediately the correct one. After it is thus es- after arrival, parts one and two of the tablished who the winners of the week's coupons are separated and part one is betting are, a list of winners is made BETTING ON FOOTBALL MATCHES IN SWEDEN 147 ted up which is printed and distributed to The last-mentioned sum is not the of all the agents of the company, from only profit that the state makes on the >e- whom the bettors are able to learn the betting. The winners pay a tax on rts outcome. In addition, the scores of the their winnings that is withheld at the for games are read each week over the time of payment and amounts to about Swedish radio, enabling the bettors, with 4,800,000 crowns; furthermore, a spe- ex- the help of their tabs, to see how the cial tax on the betting charge must be Its contest turned out. paid by the bettor when he pays for Since it is conceivable that a mistake the coupons. These last two items may occur now and then during the ex- amounted to a total of about amination, the company gives the bet- 000 crowns during the year mentioned. :ds tors an opportunity to enter a protest The Swedish Government, then, col- during a fixed period of about three lects about 35,000,000 crowns annually weeks after the end of the contest. on the betting. Of this sum, only about ter The exact amount of the winning sum 6,000,000 crowns per year is now used )id cannot be determined before the expira- for the benefit of sports and outdoor tion of this period, for only then does recreation; the remainder helps to meet is it appear exactly who is to be awarded the public budget. he the winnings. Then payment of the winnings is THE COMPANY AND FOREIGN is, made promptly, the company using the COUNTRIES State Postal Checking Account System. :nt Heavy work is sometimes required for Other countries soon began to notice the distribution of the winnings, since the activity of the company. Delega- ch it can happen that 30,000 to 40,000 tions and individual representatives re persons are winners in a contest. from the governmental or athletic au- of thorities of many lands have requested 00 FINANCIAL RETURNS FROM BETTING and received permission to study the organization of the company. The com- of In the beginning, the sums involved pany has received such visitors from Aus- in the company's contests were quite tria, Belgium, Czechoslovakia, Denmark, small on account of the competition of- Finland, France, Germany, Great Brit- no fered by the illegal betting enterprises; ain, Holland, Hungary, Iceland, Nor- but after a while the monopoly enter- way, Rumania, Siam, Spain, Switzerland, prise was able to displace all compe- and the United States. Denmark, Fin- tition, and thereupon the sales figures land, Norway, and Switzerland have climbed rapidly. After just one year's monopoly betting companies activity the turnover was in their respective countries, the Swed- by crowns per week, and a few years later ish company serving as a model. es- sales exceeded 1,000,000 crowns per The company has co-operated in the 10, week. The financial report for the busi- collection of funds for the re-education ness year 7/1/1948 to 7/1/1949, which of Finnish war invalids in Sweden. embraced 40 playing weeks, shows that This co-operation was managed by the he betting receipts totaled addition of a coupon ee crowns; of this sum, 27,500,000 crowns to the regular coupon, the use of the if- were paid out in winnings, 8,000,000 added coupon costing the bettor an ex- be went to expenses (including 5,500,000 tra 5 ore. crowns paid in commissions to the 7,000 This device brought in about and 20,000,000 crowns in pro- 000 crowns up to December 31, 1947, fits were paid to the state. and during the 1944 to 1947, 148 THE ANNALS OF THE ACADEMY

Danish, Norwegian, and Swedish mili- however, the direct opposite to that tary and civilian defense invalids were which the adversaries of betting had also included in the benefits. expected. There was general disap- From the beginning of the spring proval among the bettors and especially season of 1948, the cou- those interested in athletics, partly be- pon was replaced by a red-and-white cause they were the most interested coupon; the funds thus collected are bettors, and also because they were in diverted to the Swedish Aid to Europe, need of betting funds for the mainte- which had thus received approximately nance of sports. The sport sections of crowns up to July 1, 1949. the press increasingly disapproved of the criticisms voiced by the editorial OPPOSITION OVERCOME departments, and there was a general demand for a return to weekly betting. The legalization of betting in Sweden At the time, one could figure that from took place under great opposition from 1 to million people out of a total wide circles, who thought it shameful population approaching 7 million par- of the state to encourage the youth, ticipated in the betting in Sweden, and especially, to gamble to the degree that their wishes could no longer be ignored. one might expect. According to the Thus the last resistance to free opinion of these people, there should of monopoly betting was broken, instead be an effort to make the law and today no authoritative voice is against betting effective by prosecution raised in Sweden for a repeal or even a of all operators of illegal betting enter- restriction of betting activity. prises. This was objected to by others, responsible people too, on the ground BIG GAMBLERS NOT ATTRACTED ' that it had already been proved im- This tolerant attitude is aided by the possible to enforce the laws against bet- fact that in Sweden betting has not at- ting; it was well known that illegal tracted big gamblers or speculators, but betting had a turnover of many hun- has remained an innocent diversion for dred thousand crowns per week and the masses. The statistics of the com- that the lawbreakers were but rarely pany show that the average bet per bet- apprehended. The punishments were tor is about 1 crown, and that the bet- so light anyway that they did not tors that work a system, and thus par- frighten those caught into quitting the ticipate with a number of variants, keep business. within an average bet of approximately When the income from the activity 5 crowns per bettor. It is evident that of the company began to rise, there be- a gamble that does not attract higher gan a violent debate in the press, in bets cannot be accompanied by any which the Government was exposed to moral injuries worth mentioning, but is strong criticism for having granted a instead a pleasure that costs the public concession to the company, the name no more than a visit to the movies or to of which is Tipping Service, Inc. (A. a coffee shop. The demand for at least A decisive reason why plungers are limitation of the scope of the betting not interested in the betting is that business became so strong in leading it is not profitable to make large bets newspapers that one year the company in a game where one knows that even was forced to restrict its contests to a perfect score will not necessarily yield every other week. a worth-while pecuniary gain. Since The reaction to this measure was, the winnings are divided equally among BETTING ON FOOTBALL MATCHES IN SWEDEN 149

all who guessed an equal number of the beginning refrained from advertis- correct results, the amount per win- ings its activity, but the public and the ner depends upon how many there are press have advertised it in a way that of these in each contest, and no one often has surpassed what the company can predict that. On rare occasions 12 may have wanted. Almost every day correct results have paid crowns the sport sections of the newspapers (with a 20 per cent tax write about the prospects of the soccer te- but at other times there may be hun- teams named on the coupons, and each of dreds of bettors who have 12 hits and week the bettors are given advice by of receive only a couple of hundred crowns experts hired for that purpose by the apiece. newspapers. When large winnings are The experience of the company shows made, the winners are tracked down that most people gamble as much out of and interviewed, and all news of the >m interest in the soccer games as for the betting is given prominent space. The sake of the monetary winnings, and that company would willingly see this adver- they appreciate the many small win- tising reduced from the dimensions nings as rewards for clever judgments. which it has now attained, but can ob- The bettors stubbornly claim that bet- viously do nothing about it, since the ting is not a matter of chance, but a press decides that the public should get game that requires thorough study and such news as it is known to be inter- is knowledge of the soccer teams. This ested in. a naturally does not hinder a "seam- In any case, one can observe from stress" from occasionally making a the company's sales records of more lucky bet and winning 75,000 crowns, recent years that the betting activity which always entices a lot of new peo- has been stabilized at a certain level ple to try their luck. that will not rise appreciably, and will t- certainly fall if the general economic ADVERTISING situation becomes worse. It is interest- or It may be worth mentioning, in this ing to note how closely the sales statis- 1- connection, that the company has from tics of the company follow the general t- economic development of the country; It has happened a few times that a seam- t- stress, through pure guesswork, has won the every change in employment and in- maximum amount. come is reflected in the betting sales.

Ahrnborg, LL.B., is a practicing lawyer in Stockholm, Sweden. He was one of the oj Tip Service, Inc., and is still a member of the board and is the corporation's lawyer. He taught the practice law at Stockholm University 1928 y to 1948, and is a contributor to Swedish law • is ic o

•e ts n d :e g Book Department

INTERNATIONAL RELATIONS AND conditioned arguments for and against the WORLD GOVERNMENT existence of war during the events under discussion. Dr. Grob, speaking as analyti- GROB, FRITZ. The Relativity of War and cal jurist, finds the results of that examin- Peace: A Study in Law, History, and ation confusing. To make a long story Politics. Pp. 402. New Haven: short, he concludes that in a legal sense Yale University Press, 1949. an over-all definition of war is not pos- The book is divided into two parts, one sible. There are obtainable only defini- historical, the other theoretical. In the tions in the legal sense of specific actions historical part the author discusses under or situations which represent disturbances the headings "War or Peace" and "Battles of peace, definitions made with a view of in Peace" a number of events, such as rendering these actions or situations sub- "American Naval Operations against ject to restrictive or remediable measures France, 1798-1880." The over-all ques- by an authority legally competent and mation is this: Did these events constitute terially equipped to enforce such measures. war, or did the countries remain at peace? He demonstrates the practical aspect of If they were neither at war nor at his findings by reference the pertinent or if they were at war and at peace at the provisions of the Charter of the United same time, what was their status to be Nations dealing with the subject of pre- termed? serving peace by prevention of war. In the case of these "American Naval The reviewer agrees with Professor Operations against France" one group in Pound that "Dr. Grob has made a real the House of Representatives considered contribution to analytical jurisprudence." the country in a state of war. Old treaties But he wonders how much that contribu- with France had been declared inoperative, tion will avail the statesman who, at the exequaturs of French consuls had been present time, cannot afford to consider revoked. The captured French crews had the issues of war or peace from the purely been treated as prisoners of war. Still the analytical juristic aspect, i.e., in a legal majority group in the House did con- sense. The reviewer's wonderment ex- sider war as existing; it spoke of existing tends of course to the predicament in differences, and of the possibility that war which the United Nations in this respect might break out. Talleyrand wrote that finds itself. "France never thought of making war" That Dr. Grob has his own misgivings and "that every contrary opinion is an in- on this score is evidenced by his choice of sult to common sense." Vattel, great con- the cartoon found on p. picturing two tinental international jurist of the period, burly Orientals running hefty swords said "there was no war." The United through each other's expansive midriffs, States Court of Claims, in cases arising with Uncle Sam towering over the pair, from these "operations," held that there asking with despair in his eyes: "Are you was war. In 1939 President Roosevelt fellows having a War?" spoke of them as quasi war. The Boston The cartoon might have served well as Evening Transcript wrote an editorial en- frontispiece or on the jacket as an attrac- titled "Was it concluding that "it tion to politically conditioned readers. is not yet decided." Professor Pound con- Appreciation of Dr. Grob's book grows in fesses in his Foreword that "some of the retrospect. JOHANNES MATTERN arguments seem more worthy of a Gilbert The Johns Hopkins University and Sullivan opera or of Lewis CarrolPs professors than of legal treatises." INSTITUTE OF PACIFIC RELATIONS. Prob- In the theoretical part the author ex- lems of Economic Reconstruction in the amines the legal validity of the politically Far Report of the Tenth 150 1 BOOK DEPARTMENT 151

of the Institute of Pacific Rela- ress has yet been achieved in the develop- tions, England, Sep- ment of indigenous mercantile and finan- tember 5-20, 1947. Pp. xxix, New cial groups to replace the Chinese and York, 1949. Indian middlemen or in the training of The tenth conference of the Institute of competent administrators and technicians Pacific Relations was far the to take over essential tasks formerly per- subject of its deliberations. Among its 88 formed by Westerners. In fact it was in participants, there were eight Chinese, this sphere of management organization three Indians, two Burmese, two Siamese, and technical skill that the greatest unseen and one Korean; but no Filipinos, Indo- damage has been done to the economies nesians, Indochinese, or Japanese. All the of Southeast Asia." conference officers and rapporteurs were J. B. westerners. Yet the report ends with the University of California sentence: "The day is at hand when the West, which has grown accustomed to ROMAN. molding the East, may find the current of Marshall-Plan. history reversed and be its turn Pp. 72. Oberursel (Taunus), to accommodate itself to the new social Verlag Europa-Archiv, 1948. DM 9. institutions of a new and dynamic Asia." This study will favorably impress most On Japan and Korea there was discus- readers by its systematic presentation. sion of the need for industrial and com- The author attempts to assess the signifi- mercial rehabilitation, but awareness of cance of the Marshall plan for the revival the difficulties and some fear of reviving of the foreign trade of Europe by proceed- militarism. On China, the familiar themes ing in three logical steps. In the first part, of civil war, political demoralization, pop- he examines Europe's contribution by ex- pressure, and inflation had a pessi- port and import to the world economy. In mistic tinge. There was a similar pessi- the second part, he deals in greater detail mism in regard to the prospects of indus- with the foreign trade of the two antago- trial development in southeast Asia. The nistic blocks, the sixteen Marshall-plan remaining round-tables on Agricultural countries and the rest of the European Improvement, Industrial Development, In- continent. In the third and last part he ternational Economic Problems, Education concentrates on Germany's external eco- and Technology, were concerned with nomic position and especially on her bal- variations on these familiar themes. ance of trade. The analysis is based on All this was in 1947. But the editor, broad statistical material supplemented William L. Holland, brings the story up by graphs and tables. to date with a useful introductory chap- No question can be raised concerning ter. Few western economists know the the timeliness of the subject. Still we may Far East as well as he does, and his sum- doubt whether the publication was not mary of the basic reasons for the deterio- premature. The study relies on no figures ration of economic hopes in that region is more recent than those of 1938. Since the convincing. In 1947 the situation was great war was fought for the purpose of but it was not so clear then as it economic as well as military exhaustion, is now "how much more extensive the unprecedented destruction and dislo- complicated were the underlying internal cation of human and material resources wounds inflicted upon the Far Eastern should not be overlooked. Only under the economy as a whole as distinct from the assumption of an irresistible trend towards specific injuries done to the eco- early restoration of prewar conditions nomic systems of individual countries." could an analysis rely exclusively on the Mr. Holland goes on to stress not only statistical figures of the prewar years. An- the breakdown of intraregional trade, but other objection is to be raised against the the "invisible nerve channels of credit, method of comparing the shares of the managerial skills and commercial good- western and the eastern blocks. Because will"; and concludes that "very little prog- of the prevalence of small states in the 152 THE ANNALS OF THE AMERICAN ACADEMY western group, the foreign trade figures With his own property in the east con- of this area compared with those of Russia fiscated by the Russians and a large part involve a relative "statistical inflation"; of his fatherland in ruins, Herbert von for some of the corresponding figures of Dirksen, former German ambassador in the geographically larger economy appear Moscow, Tokyo, and London, has written as elements of its domestic trade. It may an apologia pro vita Once a familiar seem surprising that an author who stresses figure in the chancelleries of Europe, he is the same phenomenon by comparing the now spending his remaining days in a United States with Europe (p. neg- small room in the home of a relative in lects it in another equally important case. Bergdorf Kreuth. Like millions of other There can be no doubt that the foreign Germans, he is just emerging from the trade figures per capita given as $81 and shock of the catastrophe that hit Germany. $13 for Marshall-plan Europe and eastern In this book of memoirs he tells the story Europe respectively (p. 41) are open to of his diplomatic life, with emphasis upon misunderstanding. German-Polish relations, Rapallo, Locarno, The author wishes to prove that Ger- the German-Russian industrial and credit many again holds, as she did after World agreements, Godesberg, the War I, the pivotal position for the recon- Munich and in general the "tragic struction of Europe, which at this time is development" of German foreign policy a necessary condition for the reconstruc- since World War I. He is forced to rely tion of the world. The author truly says for the most part on his memory, with the that Germany's integration with the world exception of documents published in Eng- economy ranks with the most pressing in- land concerning his stay at the London ternational problems of our age. Yet as post in 1938-39, for "as a refugee from background material for current decisions the East my notes and papers were stolen the evidence submitted to the reader is from me." inadequate. The economic role of present- Despite the publisher's blurb the book day Germany cannot be accurately as- throws comparatively little new light on sessed unless her division into western German foreign policy during twenty cru- and eastern parts is considered, in addi- cial years. Under both the Weimar Re- tion to the unprecedented direct and in- public and the National Socialist regime direct war damages. As long as the east- von Dirksen served as a career diplomat, ern provinces are incorporated into the as a kind of aristocratic supercargo, useful Russian orbit, we can hardly agree with to both Republican and Fascist leaders the author's contention that it "sensi- persistently fascinated by heritage and ble" to disregard the territorial split (pp. titles. It is curious how little he knew of 7, 20). Hope for a political unification what was going on at home during his should not interfere with a realistic diag- various tours of service and how little he nosis. In fact, to add the prewar foreign influenced foreign policy in his time. trade figures of the whole of Germany to With his distinguished carriage, his im- the foreign trade figures of the Marshall- peccable manners, and particularly with plan countries, as the author does (pp. the shining duel scars adorning a proud is to overestimate the strength of Prussian face, he was undoubtedly re- the economic position of the western garded as the ideal representative for Ger- powers. many in foreign lands. It is abundantly FRITZ MANN clear that he was a man of good will who American University ...... loved his country and who served it to the best of his ability. DIRKSEN, HERBERT The book gives some effective ammuni- tion for those who contend that the Ger- gen zu 20 man national character was molded arti- Pp. 279. Stuttgart: ficially in the Prussian image. There is W. Kohlhammer Verlag, 1949. DM German "our guests at the 12.80. . Tokio Embassy in one winter season BOOK DEPARTMENT 153

bered 2469" (p. 181). There is strong nation-wide pogrom in retaliation for the class might have murder of Embassy secretary vom Rath developed into a great and strong states- in Paris by a Jewish youth on November man, but there was a breath of decadence 7, 1938. The heartbreaking failure of this about him, as so often is the case with plan cost several million Jewish lives. families which have quickly acquired Louis L. SNYDER great wealth" (p. 44). Von Dirksen de- The City College of New York fends the German student duel, which most people outside Germany regard as a barbaric throwback, because "it fashions character by teaching self-control" (p. 12). AMERICAN GOVERNMENT, HIS- There is a propensity for inaccurate and TORY, AND POLITICAL THEORY simplified analysis of German history: * "The geographical situation of Germany DAVID E. This I Do Believe. in the central part of Europe without Pp. xxiii, 208. New York: Harper & natural frontiers hindered the development of German national unity until 1871" (p. 1949. And there is the familiar habit of HOWARD Primer In- blaming others for Germany's plight: tellectual Freedom. Pp. xv, 191. Cam- The extravagant enthusiasm of a great bridge, Mass.: Harvard University mass of decent people, who have been Press, 1949. fooled by a band of thoughtless revolu- These two books are a further testi- was the darkest tragedy of mony to the repristination of the American the German nation" (p. 1S7). Idea as a fighting faith in freedom. How- Von Dirksen's service for the Nazi ard Jones's Primer is a primer in the sense monomaniacs was an exercise in humilia- that it assembles expressions of the idea tion and frustration. His first interview of freedom as the primary ideal and pro- with Hitler lasted two to three minutes: gram of the republic of scholars every- "Hitler moved uneasily in his chair, ex- where, and signally in the United States. cused himself, and left abruptly. I was His anthology begins with a group of dec- confounded and furious when I left him" larations which administrative heads of (p. 186). He never became reconciled to great national institutions of higher learn- the "insincerity, superficiality, in- ing recently made to alumni and others efficiency" of the Foreign Office under who proposed the disciplining or silencing Hitler. He despised Ribbentrop with all of faculty members holding, or suspected the contempt of an aristocrat for a par- of holding, opinions with which the pro- venu, describing him as "an unwholesome, ponents disagreed. A second group dis- half-comical figure." After Munich von cusses the underlying philosophy of the Dirksen "gave up the idea of trying to First Freedom and its role in the Nation's convert Ribbentrop to a reasonable politi- ethos. This ranges from dissents by the cal policy" (p. 233). The author seems to late Justice Holmes to excerpts from John be totally unaware of the irony of his own Stuart Mill's great essay on liberty. The confession: "That it was more honorable last group cites Thomas Jefferson, John perhaps not to serve the Hitler regime Milton, and Francis Bacon. During the altogether was a thought that lay far from three and a half centuries from the presi- me at that time" (p. 198). dent of the Massachusetts Institute of These memoirs give a historically valu- Technology, defending the freedom of a able inside story of von Dirksen's role faculty member to inquire, to challenge, in the effort of President Roosevelt to and to doubt in 1949, to the English law- organize an international commission to yer and parliamentarian defending learn- supervise the emigration of Jews from Ger- ing as a search after truth in 1605, the many. This "humane solution to the Jew- principle has been invoked to meet creedal ish problem" was shattered by the brutal- attack or the challenge of authoritarian ity of Goebbels, who ordered a shameful power. , 154 THE ANNALS OF THE AMERICAN ACADEMY

Mr. Jones's introduction aptly points up Nation's "system," hence, is to have no the import of the principle for our own system, but to endeavor always and every- times. His case studies provide a hardly where to enable the individual to "know less apt background for David Lilienthal's that there are some things that he decides formulation of his personal faith, which or has a part in deciding and that he is a has for its subtitle "An American Credo." needed and useful part of something far This book is also born of a critical occa- bigger than he is." The Tennessee Valley sion. That was an inquiry, by a Joint Authority and the Economic Cooperation Congressional Committee on Atomic En- Administration, the combinations of knowl- ergy, into its author's fitness for senatorial edge and know-how they require, the ever- confirmation as chairman of the Commis- compounding give and take of human rela- sion on One Senator, an tions they develop, have led Lilienthal to overage with standards fully the conclusion that the most enduring and honoring this affiliation, for years frus- effective base for the co-operative organ- trated by Lilienthal in his loyal lust to exalt ization of individual liberties is the de- the Tennessee Valley Authority to those centralization and distribution of social standards, made the most of the occasion. power joined to the widest distribution of Of course "communist" and "leftist" did knowledge through public education. He not fail of the happy employment the hon- quotes Jane Addams to the effect that the orable statesman was able to give them. essentials of free government are truth At a certain point in the Senator's exercise and consent. He would extend consent to of this ethical function, Lilienthal was cover a period of public as a to reply: "This I do carry in my career but as a personal commitment head, set forth briefly and something like " William James's moral poignantly the fighting faith in freedom equivalent for a public interlude of a public servant carrying forward the in a private life that bring to the Nation's greatest tradition. problems of the national life insight and This book is an amplification of that judgment grounded in experience, and that statement of faith. It is an amplification could thus, in the eternal vigilance which in terms of the record of works insight is the well-known price of liberty, replace into the organic relation between faith myth by realism and fear by courage. and works. It is in a sense freedom's suc- This I Do Believe will, I believe, be- cess story, which has taught the believer come another book in the Bible of democ- that freedom as a goal cannot be served racy. It could well be made a current text by methods which are contrary to freedom in our high schools and colleges. as a means. Mr. Lilienthal's experience of H. M. KALLEN a lifetime in the administration of great New School for Social Research public enterprises has taught him that in- quisition, censorship, secrecy, and other LE CORNELIA GEER. Amer- traditional "security" methods serve in the ican Democracy and Natural Law. Pp. main to defeat the ends they are presumed viii, 204. New York: Columbia Uni- to serve. He has come to know that human versity Press, $3.00. beings are individuals, each different from Natural law is the phoenix of American the others and each with an equal right to political theory. We would need an add- liberty and safety. He has learned that, ing machine to count the number of times because of this parity of the different, a it has been pronounced dead by positivists, free society has to be a working democ- materialists, and men of science racy; and that a working democracy can only to be revived by poets, Thomists, be committed to no exclusive scheme of corporation lawyers, and men of faith. organization, economic or other; that a Certainly we hear more of natural law to- working democracy must be society of day than we did ten years ago. genuinely free enterprise whose members This little book takes a fresh approach must be free to try all things and to cleave to the problem of natural law and its via- unto those which work out as true. The bility for modern men. While attacking BOOK DEPARTMENT 155 no and rejecting what she calls the "meta- practical plan. This is the plan to make y- physical" doctrine of natural law, as possible individual, free, righteous devel- shaped by such diverse thinkers as Plato, opment within a happy and prosperous es Cicero, Aquinas, Hooker, del Vecchio, and commonwealth." And that plan, of course, a Maritain, Miss Le Boutillier of Hunter is American democracy. ar College nevertheless finds it a well This book is not the final statement of ey worth discussing and stripping down for the position Miss Le Boutillier adopts. It on further use by American democrats. Her will have no effect whatsoever on fuzzy manner of accomplishing these ends is doctrinaires and ethical absolutists. But novel and provocative, if occasionally it is surely an admirable addition to one a- somewhat esoteric, indirect, and jargon- of the most ancient and meaningful of to istic. Her basic thesis is that natural law, intellectual debates. as a principle of commanding importance CLINTON L. ROSSITER n- in American political thought and action, Cornell University e- has almost always rested on a "utilitarian" foundation. In this sense natural law is BILLINGTON, RAY ALLEN. Westward Ex- of nothing more nor less than that huge, ka- pansion: A History of the American leidoscopic pattern of law, morality, rights, Frontier. Pp. 873. New York: and institutions that out and de- The Macmillan Co, 1949. th [s] those rich and varied human American history has been interpreted to values latent in individual and group." This from various points of view. The im- a natural law, she asserts, is an "empirical, minent determinism of our past, which has nt demonstrable, and verifiable pattern," the provided our present and is contributing product of centuries of experience in the to our future, is a debatable issue. No stu- de fight for human freedom rather than of dent of the history of these United States he "right reason" acting in search of eternal, worth his salt can ignore the motivating nd immutable principles of justice. Natural force and the significant influence of the at law, whether utilitarian or metaphysical, frontier upon American civilization. Fred- ch she correctly equates with the rights of erick J. Turner in the first two decades ce man, and her point of view is summed up of this century made a lasting contribution in the unequivocal assertion, "The rights to American historical interpretation when, of man is history, not postulates." through his essays and in his classes, he American Democracy and Natural Law began to stress the influence of the fron- xt should prove an exciting and rewarding in- tier. There soon arose the Turner school tellectual experience for those thoughtful of American historians. Among the fore- Americans who want to believe that there most of the present students of this school is some "higher law" that we ignore at our of thought is the author of this book. By peril but cannot bring either no means has Professor written by faith or reason, to acknowledge the the only book on American history factual existence from time out of mind emplifying the Turner thesis, but West- of a "brooding omnipresence in the sky." ward Expansion definitely ranks with Pro- Even more valuable than her devastating fessor Frederick L. Paxson's History of an exposure of the logical fallacies of the the American Frontier, 1763-1893, the d- metaphysical natural law is her persuasive two being the most valuable productions es reminder that the law of nature as proof this school of thought since the ap- ts, claimed by the founding fathers was actu- pearance of Turner's The Frontier in ce ally nothing more than an empirically de- American History more than a generation ts, termined set of "limits" beyond which it ago. :h. was thought unsafe for governments to This volume is divided into three parts. .o- push. Her conclusion is this: "Whatever The first section treats the colonial frontier Americans may say or may have said and consists of eight chapters which em- about the law of nature, about a brace the period 1492-1783. The em- they appear to mean or to have phasis is correctly placed on the intimate ng meant, not a transcendental essence, but a relationship of the early American frontier THE ANNALS OF THE AMERICAN ACADEMY

with European expansion. The American and Louisiana (1812) were practically as wilderness environment, though by no extensive in their suffrage provisions is means identical in the north and the south, omitted. If Professor intel- encouraged a feeling of self-reliance among lectual eyes seeking liberal democratic the settlers and, eventually, a growing con- facts became blurred as he looked south- consciousness that their destiny lay in ward across the Ohio River, it must be securing independence from the mother admitted that in this defect he is not country. The contributions of the west alone among distinguished American his- in the American Revolution are adequately torians. presented. One of the best features of this book, The middle portion of the book deals and there are many, is the seventy-seven with the years from 1783 to 18SO. Be- pages of double-columned bibliography ginning with a description of western prob- with items classified and evaluated. land and its GEORGE C. OSBORN during the Confederation period, the au- of Florida thor discusses in turn the settling of the Appalachian Plateau, the opening up of CHESTNUT, MARY BOYKIN. A Diary From the Great Lakes Plains, the occupying Dixie. Edited by Ben Williams. of the Gulf Coast Plains, the economic Pp. Boston: Houghton background of sectionalism, and the emer- Co., 1949. $5.00. gence of frontier-influenced sectional pat- This, the most famous diary produced terns. The final chapter of this division in the Southern Confederacy, was first reveals the intimate connection between published in 1905. That edition contained the development of railroads and the less than half the material now made growth of sectionalism. available in Mr. Williams' volume. For Finally, part three, "The Trans-Missis- almost half a century students of the sippi Frontier," which contains as many Civil War period have wished for the com- chapters as the other two sections complete Chestnut diary. The writer's unique bined, discusses the several frontier areas ability to recreate a wide variety of situa- west of the Father of Waters. This divi- tions in the war-torn South made her sion shows a definite tendency to focus readers hope for additional details. Fur- attention on historical continuity rather thermore, Dame Rumor whispered widely than on mere chronological narration. If that the numerous deletions of the earlier there were multiple geographic frontiers in edition were necessary to prevent many the expanding trans-Mississippi west, there Southern gentlemen from resorting to the were also a number of what might be code duello. (I termed vocational pioneering areas. These A comparison of the two published edi- included the trader's frontier, the miner's tions shows that the parts of the original frontier, the transportation frontier, the journal which were omitted in the 1905 cattleman's frontier, and the farmer's edition deal with numerous topics. Al- frontier. All of these are ably treated, most all of this earlier suppressed material each in a separate chapter. The Spanish is of minor importance, historically. Of nationalistic barrier and Indian resistance considerable consequence, however, are the are revealed in their proper relationship to passages which deal with the author per- the onward trek of American frontiersmen. sonally and her outspoken hatred of slavery It is regrettable that in such a splendidly as a Southern institution. written and scholarly volume the author The diary begins on February 15, 1861 reveals what may be a sectional bias. For and closes with an entry on August 2, 1865. example, in discussing the acceleration of During these chaotic four and a half years democracy in the west (p. mention this South Carolina journalist takes the is made of Vermont Ohio (1802), reader's imagination with her as she travels and Indiana (1816) in the granting of from Florida to Charleston and from Mont- complete manhood suffrage, but the fact gomery to Richmond. During the war this that Kentucky (1792), Tennessee (1796), Southern belle, who was to the aristocracy BOOK DEPARTMENT 157 born, traveled somewhat extensively in and America. The multiplicity of names the eastern Confederate states, especially and events makes any short summary im- in South Carolina and Virginia. Across possible. The as a whole deserves the pages this significant journal move and close study, but it is not an President and Mrs. Davis, members of the easy book for reference use, largely be- cabinet, Confederate Congressmen, im- cause of the nature of the table of con- portant generals, and many military men tents and of the index. of lesser rank. The reader sees the mili- The editors (N. S. B. Gras and Henrietta tary hospitals crowded with groaning and M. Larson) regret that Hidy was denied dying men. He sees also a society of gay, use of the Baring accounts, and thus frivolous ladies, anxious for the latest bit could not emphasize costs and profits. of gossip and sometimes to con- The author very properly apologizes tribute a story slightly off shade. the fact that his 132 pages of notes were Life in the Confederacy is revealed in relegated by the publisher to the back of intimate detail in this book. It is not too the book. The reviewer will apologize for much to say that as Samuel Diary the index, but he cannot excuse it. Fifteen is to the reign to Charles and as Gideon pages simply were not enough to furnish Wells's Diary is to the Lincoln administra- a guide to all the names and events re- tion so is the Chestnut Diary to the South- corded. Myriads of names of persons ern Confederacy. and institutions are not listed at all, and The has included in his intro- far too often there are no subheadings duction brief biographical sketches of the to guide the reader through a long series chief persons mentioned in the diary. of page references. The table of contents Some footnotes of explanation were added furnishes little in the way of relief. Even throughout the book. There is an ample with the subheadings, there is no great index. The editor has done a splendid job amount of help in such chapter headings in making available this significant con- "The Year of the Locusts" and "Following temporary commentary on the War be- a Mirage." tween States. It will be widely read FRED A. SHANNON and will be gratefully used by history stu- University of Illinois dents for many years in the future. GEORGE C. OSBORN BAILEY, STEPHEN KEMP. Congress Makes University of Florida a Law: The Story Behind the Employ- ment Act of 1946. Pp. xii, 282. New RALPH W. The House of Baring in York: Columbia University Press, American Trade and Finance: English Merchant Bankers at Work, 1763-1861. This is an excellent study of the real- Pp. xxiv, 631. Cambridge, Mass.: ities of the legislative process, one which Harvard University Press, 1949. should be read by any person interested in Students of American economic history the movement to make Congress equal well know that much of the financial back- to the needs of a democracy in the second ing for commercial and industrial ventures half of the twentieth century. As far as and for the construction of railroads in it is possible to do Dr. Bailey traces America came from England. Dr. an idea from its origins, through its legis- now gives in infinite detail the story of lative travail, to its enactment in a stat- how this financing was done by one of ute which was much weaker than most of the English banking firms during the cen- its advocates hoped. He notes how Con- tury when that work was most significant. gressional rules, personalities, and tactics Starting with the emigration of the first and strategy all influence the result in of the Barings from Germany to England ways that are not contained in the pure in 1717, the author carries the history of theory of representative government. the family and of its banking house step One of the most notable contributions of by step through the generations, weaving this book is the account of the effect of together the financial threads of England the committee staff upon the legislative 158 THE ANNALS OF THE ACADEMY

process in a chapter entitled "The Staff That is why the New York State Legis- of Room As the average member lative Annual, 1949 with its three earlier of Congress spends 80 per cent of his time annual editions of memoranda are valu- on nonlegislative work, and as able and unique primary references in and other legislatures provide more staff understanding the annual legislative out- for themselves, it is reasonable to expect put in New York State from 1946 that the staffs will have greater and greater through 1949. In the foreword of the influence. This staff in did ghost- 1949 edition, John F. X. Finn attaches writing of speeches, testimony, magazine great significance to the explanatory memo- articles; it stirred up it randum published in this annual when he planned strategy, such as splitting business states that it has been "judicially ap- opposition; and it mobilized the pressure praised as stating the legislative groups in the "Lib-Lab Lobby." intent." The theory of representative govern- The memoranda of the laws of 1949 are ment assumes that the electorate may hold presented in fourteen separate sections their representatives answerable for legis- covering justice; agriculture, commerce, lation. Who, then, was responsible for and industry; banking and the Employment Act of 1946? No one civil education; elections; govern- person or group, concludes the author: and health and "Legislative policy-making tends to be housing and real property; fought out at the level of largely irre- labor; motor public utili- sponsible personal and group strategems ties; and taxation. A number of these and compromises based upon temporary sections have short introductory state- power coalitions of political, administra- ments written by persons thoroughly con- tive, and non-governmental interests. This versant with the current legislative situa- type of policy-making is . . . certainly tion in the substantive field under con- aided and abetted by the rules, structure, sideration, as Charles A. Brind, Jr., counsel and procedures of the Congress. . . of the State Education Department for The cure, if cure there be, for this irre- education, John T. De to sponsibility he sees in "strengthening the the Civil Service Employees' Association only two instruments in our political life for civil service. In addition the counsel which have an inherent responsibility to to several joint legislative interim com- the nation as nation: the President and mittees introduce their respective sections the national political parties." by giving a brief summary of the com- DAYTON D. mittees' legislative program. It would Dartmouth College be well if all the sections were prefaced by these short introductory statements, for New York State Legislative Annual, 1949. they do serve as threads of continuity, Pp. ix, 333. New York: New York supply background material, and also point . Legislative Service, 1949. up the prevailing political climate in which some bills moved successfully to enact- Sources that constitute the legislative ment, while never left the com- history of bills not only facilitate their mittees. actual enactment, but are indispensable in However, the real value of the annual administration and in interpretation by is to be found in the actual texts of the the administrative agencies and the courts It is in these memoranda after they become "law." These sources that the case for the legislation is made. in published form are easily accessible The following excerpt is from the memo- in the case of federal statutes through randum of the Feather Industries of printed reports, hearings, the debates of America in support of an extension of time Congress, and the frequent public in which wild bird plumage in inventory, of the President when he signs bills outlawed in 1941, must be disposed of: into law. The story at the state level is "It is not proposed to go into the dis- quite different. cords that heralded the passage of this BOOK DEPARTMENT 159 section of the Conservation Law. It is sampling of memoranda submitted in be- sufficient to say that industry members half of bills that failed of enactment. were obliged to acquiesce in a law which BELLE ZELLER called upon them to execute waivers of Brooklyn College. constitutional right in lawfully acquired plumage for the privilege of disposing of MILLS, FREDERICK C., and CLARENCE D. it within a limited period of years, after LONG. The Statistical Agencies of the which unsold or undisposed of stocks were Federal Government. Pp. xiv, 201. to be offered up to the State of New York New York: National Bureau of Eco- for destruction. The action of the trade nomic Research, 1949. $2.00. was necessarily prompted by the campaign The statistical work of the Federal on the part of the National Audubon Government is performed by many agen- Society during the season of 1940 to dis- cies. For most of them it is incidental to courage women from wearing any kind of other functions. This decentralized and plumage on hats. The latter's propa- subordinate position of statistics stands ganda, theatrically and por- in contrast to the concentration of major trayed, created so much confusion that statistical work in central statistical bu- customers were loathe to purchase any reaus in most of the European kind of feathers, even of the normal barn- Nevertheless, under the stimulus of two yard variety of fowl, concerning which wars and a great depression, it has fostered there was never any question. . . . a tremendous expansion of data collection "There no question in the extension and analysis in the Federal Government. affecting the health, safety or interest of The statistical system, such as is, seems the community, nor is there a single threat as amazing in its reflection of the per- to the wild bird life of the State of New vasiveness of government activity as it is York, the Nation or the World by giving baffling in its resistance to rational re- favorable action to the legislation as organization. passed. There is merely a postponement Mills and Long have done an excellent of the time when whatever wild bird job of describing and analyzing the "sta- plumage remains in inventory must be tistical intelligence system" and its opera- disposed of, for no wild bird feathers tions. Their account of the uses of the other than those in inventory may be statistical product is somewhat formal, trafficked in." lacking concrete realism in its description The memoranda in the annual cover of the part played by statistics in the day- practically important New York State by-day work of an administrator, but it legislation enacted in memo- leaves no doubt that modern complex randa on unimportant local measures are government functions require a steady omitted. These memoranda emanate from flow of data. For the fiscal year 1947- all important sources of legislation such as 48 the authors estimate that it cost state administrative departments, other ad- 000,000 to keep the statistical mill run- ministrative agencies such commissions ning. Less than 1 per cent of this amount and boards, the New York City Administra- was spent by a central co-ordinating tion, legislative interim committees, county agency, and less than of 1 per cent by officials and associations, private and gov- a statistical methods agency. Most of the ernment employee associations, individual planning, co-ordination, and development legislators, and also the Governor's memo- work was done on a decentralized basis in randa on the occasion of signing the bills close association with the collection, analy- into law. sis, and use of statistical data. Those interested in the legislative proc- This book is a marvelous guide for the ess, and in its operation in New York serious student of administrative organi- State, will find the New York State Legis- zation and statistical programs. It is not lative Annual, 1949 a storehouse of infor the casual reader. It discusses the im- valuable material. Some day it perfect division of labor and numerous may be feasible to include a representative problems that characterize the system. It 160 THE ANNALS OF THE ACADEMY

recommends that the work be allocated in organized and quickly decided. Yamashita a clear-cut manner, with greater centrali- surrendered on September 3, was zation of the collection of data, under the charged on September 25, arraigned on general control of a central statistical of- October 8, and sentenced on the fourth an- fice. Further recommendations are made niversary of Pearl Harbor. Military jus- concerning review budgeting, the bur- tice was nothing if not swift. den on respondents, publications, and serv- General Yamashita's case was appealed ices to users of statistics. The emphasis by the defense counsel to the Supreme on organization and administration arises Court of the United States. Again events from the fact that this book is a report moved swiftly. The argument took place to the Commission on Organization of the on January 7 and 8, 1946, on February Executive Branch of the Government 4 a divided court denied petitions for headed by Herbert Hoover. certiorari to review a decision of the Many readers will find it worth while Supreme Court of the Philippines deny- to compare this report with the report on ing a request for a writ of habeas corpus. Government Statistics published by the Justices Murphy and Rutledge vigorously Social Service Research Council in 1937. dissented. •Mr. Mills played a leading part in this Mr. Reel was one of the Army of- earlier study, which was started during ficers assigned to the general's defense the turbulent days of the beginning of the before the Army court-martial. He was New Deal. also one of the triumvirate of the Army of- The rapid progress of mathematical sta- ficers who argued the general's case be- tistics in recent years and its applications fore the Supreme Court of the Philippine in science and industry have attracted Islands and the Supreme Court of the more attention than the development of United States. His story is shocking. statistical intelligence. Within its special Yamashita's defense was given insufficient province, this book helps to restore the time to prepare an adequate defense. balance. Some of the most elementary rules of evi- FREDERICK F. STEPHAN dence were not observed, and the charge Princeton University against the general, in the opinion of Justice Murphy, was improper. Ac- REEL, A. FRANK. The Case of General cording to Mr. Reel, and Justices Murphy Pp. vi, 323. Chicago: and Rutledge in their dissents, General University of Chicago Press, 1949. Yamashita was tried and hanged for al- $4.00. leged unlawful disregard and failure of his duty as a commander to control opera- This is a provocative and disturbing tions of those under his command, per- book. The trial of General Yamashita mitting them to commit acts of atrocity. was the first of the great "war crimes" He was never charged with participation in trials. It was widely publicized in the atrocities, with ordering them or con- press, in the movies, and on the radio with doning them. Nor was knowledge of the great emphasis on the stories of atrocities crimes attributed to him. Mr. Reel's ac- committed by Japanese troops in the count indicates that Yamashita's Philippine Islands. Unlike the Nurem- communications were such that he did not berg trials, which followed at a later date, have knowledge of the atrocities, that the trial of General Yamashita was an naval troops in Manila were not under his affair. It was conducted by control, and that, on the contrary, the an American Military Commission created general had made preparation for the under an order by the Commanding Gen- orderly transfer of interned prisoners to eral of the American Army Forces in the the American forces. Western Pacific. Unlike the Nuremberg Mr. Reel includes in an appendix the trials, wherein months were spent in ac- Supreme Court decision in the case along cumulating materials and trying the de- with the dissenting opinions of Justices fendants, the Yamashita affair was speedily Murphy and Rutledge. The book, in- BOOK DEPARTMENT 161

.ta cluding the appendix, ought to be widely ECONOMICS AND INDUSTRY as read by thinking Americans. on WILLIAM J. RONAN ALLEN MORRIS. Has Market n- New York University Capitalism Collapsed? (A Critique of Polanyi's New Economics.) Pp. DILL, WILLIAM C. for Ha- 387. New York: Columbia University ed waii. Pp. vii, 134. Dor- Press, 1949. ne ranee & Co., 1949. $2.00. This is a book about a book (The ce This brochure is a direct and simple ap- Great 1944) and an arti- peal to the American people to grant state- cle ("Our Obsolete Market Mentality," hood to Hawaii. Because of American Commentary, February, 1947) written by he ideals of freedom and equality, because of Karl Polanyi. Dr. Sievers does not make hopes out to the islanders at the any mention of who Dr. Polanyi is or why time of annexation, and because of their a book of pages deserves a commen- JS. political maturity and their economic ade- tary of 387 pages. quacy, their persistent request for equal Dr. Sievers is not attempting a book parnership in the Union should be im- review, although in spots his text reads mediately granted. All fair standards of as such. What he is attempting, and suc- eligibility for statehood have been met; ceeds in doing, is to present the views of statehood "must be granted now with- Polanyi together with criticisms. His final out delay." This conclusion the author chapter is a very thorough general evalua- ne reaches through brief analysis of the legal tion and conclusion which is repetitious to he status of territoriality, after a sketch of those who read his book carefully, but the political history of the Hawaiian which can stand readily by itself as a Islands and after brief exposition of the scholarly unit of 55 pages. se. political structure, "racial" composition, The reviewer has assumed (with fore- vi- and economic institutions of the islands. bearance) that his task is to review Dr. •ge The little book is a sincere plea for jus- analysis of Polanyi's views and on tice to a people too long kept in dependent not to comment on Polanyi. Dr. Sievers status. It is unpretentious and informa- is not to be held accountable for the tive. Brevity of treatment impairs some- views of Polanyi or the literary form they what the cogency of its analyses; nor is take. But he is to be held responsible for there evidence either in treatment or in the vigor of his analysis. There is vigor! bibliography of first-hand knowledge of Dr. Sievers pictures Polanyi as a polemi- ra- the islands or their peoples. But this re- cal writer who sees capitalism as an er- viewer, having lived and worked in Hawaii anomaly and a mistake for which the for some five years, would not quarrel world paid in contagion tak- in seriously with the author's arguments. ing the form of the market system. A >n- On the contrary, more intimate knowledge large part of the Polanyi thesis rests on he of the island people reinforces the con- history, the experience of the United clusion that statehood for Hawaii is over- States under capitalism, and the rise of a's due. Nor should we these days fascism. Dr. Sievers questions Polanyi's the author's conclusion that immediate attitude towards history; points out that statehood for Hawaii "would increase the the "whole account of the United States prestige of the United States and the is neither adequate, satisfying, nor con- he principles of freedom, democracy, and sistent"; and argues that the theory of justice for which it stands, in every for- fascism "is not complete and not sys- to eign country in the world, especially in tematically presented." He is disturbed the Orient, where lies the balance of power by "hiatuses" in key analysis, by "inade- ;he between the two philosophies of democ- quacy," by portions of the work "con- rag racy and totalitarianism." spicuously lacking in a clear principle of ces ALLAN F. organization," by his overstatement of the in- University of Hawaii role of exchange in economics, by the 162 THE ANNALS OF THE AMERICAN ACADEMY

"superfluous and abortive" attempt to 99-262), the third "Business Cycle Policy" formulate a generic economic science (pp. 263 This sounds very unoriginal on social anthropology. But then the book is by Tinbergen, and The author, however, has undoubtedly so one doesn't find quite what one ex- found merit in the study. Only in a few pects, but is in for continuous pleasant places can he be pictured as an apologist surprises. for Polanyi. On the whole, his criticism Thus "Description" means only partly is balanced. He has been able to give us the actual presentation of data. To be the story with the minimum of direct quo- sure, data are presented, on population tation. movements, prices, production, etc. But Dr. Sievers does not leave the reviewer the real purpose of the section is to give altogether clear as to whether the title the reader an idea how these data are to of the book is a rhetorical question or be used. There are different types of whether it is answered. Either viewpoint movements, some damped, some irregular. might be warranted. Doubt would be There are long-run developments with avoided by using the subtitle as the title. little cyclical behavior, and others which ASHER ISAACS are typically cyclical. There are random University of Pittsburgh movements. There are wars which inter- rupt the whole structure of economies. JAN. The Dynamics of Busi- There are international differences. Tin- ness Cycles. from the Dutch bergen considers all those both by giving and adapted for American use by J. J. data and by indicating a method by Pp. x, 366. Chicago: Univer- which the data and their characteristics, sity of Chicago Press, 19SO. $5.00. can be generalized. The latest book of Professor Tinbergen The essence of the book, its very heart, to be made available to the American pub- is found in Part II, and particularly in lic was published originally in Holland in chapters XIII ("Business Cycle Fluctua- 1942. It might be described as economet- tions") and XIV ("Cyclical Movements rics made, if not easy, at least palatable. in Individual Markets"), which between Professor Tingergen has leaned over back- them account for about one-fourth of the ward to any mathematics whatso- book. This is the problem: "We describe ever, and yet to get across the essence the economy as a circular flow of money of his approach. That he is successful streams consisting of two (a) the in this is partly due to the fact that he formation of income and (b) the use of himself is, of course, an eminent man, and this income. . . . How can one explain the partly also to the fact that Mr Polak has fluctuations which, according to our ob- done a good and loving job in translating. servation, occur in the magnitude of It is not entirely clear exactly what the these two streams?" (pp. 160, 161). adaptation by Mr. Polak consists of, ex- The answer sounds deceptively easy: . . cept that the chapter on "Periods of War (1) . . . fluctuations in investment and and Inflation" was rewritten for the pres- in consumption expenditure may be at- ent edition. No other specific changes are tributed largely to fluctuations in na- indicated. If there is any complaint at tional income a short time previously and all as to the adaptation, it is perhaps that (2) . . . fluctuations in national income the data given might have been brought can be explained largely by (a) fluctua- up to date. (There is another complaint, tions in total expenditure for consumption directed against the publisher. A uni- and investment and (b) the increase in versity press really ought not to permit income itself taken over a slightly earlier tables and charts to be published without period" (p. source references. Yet such references This is, of course, not circular reason- are almost universally lacking.) ing. The vicious circle is transformed The first part of the book is called into a virtuous one by the specific intro- "Description" (pp. 1-98), the second "The duction of time lags or reaction periods, Explanation of Economic Fluctuation" (pp. which are one of the essential features of BOOK DEPARTMENT 163 the Tinbergen approach. In this manner policies were to be applied in much a close tie-up with reality as reflected in stronger doses, the results might be nearly economic statistics is achieved. For the proportionately increased, but in many time lag may be different for different cases this will not be possible. The effects countries, and different economic relations. would also depend on the speed with which And, as Tinbergen shows in his part I, if the policies are applied" (p. italics you vary the time lag, you get all sorts of added). different and unexpected results. Senator Douglas made exactly The second feature of the method is the point that in the past interest rate that it allows the introduction of as many policy has been ineffective because it has variables as you please. Thus Tinbergen not been applied strongly and quickly considers, among the factors affecting the enough. Again the important point is money streams, prices, interest rates, not, however, whether or not one agrees expectations and their determinants, the with Tinbergen. Nor is it important question of reinvestment, etc. So do (though very pleasant) that Tinbergen other economists. The essential part of throws fresh light on the effectiveness of Tinbergen's method is that he has to state fiscal policy, tax rate policies, etc. It is first, how long it takes for profit expecta- important, however, to be constantly re- tions (to take one example) to affect in- minded of the fact that we need both more vestment, and second, just how much factual information and more precise for- profit expectations will affect investment mulations of our theoretical hypotheses. as distinct, for example, from interest Altogether, the American public has rates. Both are crucial questions. It is every reason to be grateful for the ap- perfectly irrelevant, in my opinion, whether pearance of this book. There is no point Tinbergen's system is considered too sim- in such a short review in going into the ple. The point is that Tinbergen specifi- many differences of opinion and analysis cally that qualitative relations that inevitably arise. One of the more are not enough, but that a real explanation serious criticisms is that Professor Tin- has to deal with quantitative or even bergen does not consider sufficiently the numerical values. And he gives a method, possible inflationary impact of wage in- spelt out patiently over the 360 odd pages creases in an already inflationary situa- of the book, on how to do it. Once of the tion. He says, for example, "that one results is, of course, that he has to point cannot expect any wage policy to stabilize out very often that we just do not know employment during a business cycle. Wage enough to make quantitative estimates. policy may at best affect the profit margin Since it is one of Tinbergen's points per unit of product and hence make pro- that qualitative behavior of economic duction more or less attractive to the variables will differ depending on the but fluctuations in this mar- quantitative values assumed (or statisti- gin have only a limited and indirect in- cally given), his treatment of business fluence on the volume of production" cycle policy has also something new to (p. 308). Knowledge of recent American offer. Take as an example the oldest and experience would have undoubtedly con- most thoroughly thrashed-out interest rate tributed to different formulation of the policy: "Only very moderate results may conclusions. Just the same, the book be expected from interest or wage policy. ought to be extremely useful in a stimulat- Credit rationing may restrain booms, but ing (and quite unorthodox) course on it cannot be operative in the reverse sense. business cycles, and it ought to prove of . . . These conclusions imply certain as- interest and value to the layman. sumptions concerning the quantitative ex- W. F. STOLPER tent of the forms of policy discussed. University of Michigan We consider, for instance, an interest policy of a conventional extent, e.g. an SHACKLE, G. L. S. Expectation in Eco- increase or decrease of the rate of interest nomics. Pp. x, 146. New York: Cam- by one-half of one percent. If the bridge University Press, 1949. $3.00. 164 THE ANNALS OF THE AMERICAN ACADEMY

This little book is an attempt (addressed sions, is presented (e.g., footnote p. 122 f.). to professional economists) to explain the This seems to be the main service of the nature and cause of Ex- book, and one may come to grips with the pectation is defined as an association in author's thought most readily by begin- one's mind of three (1) a par- ning with Chap. VII, "A Comparison with ticular hypothetical "outcome" (net gain?) ; the Orthodox View." He rejects Marshak's (2) a particular future date, and (3) a ideas of "expected value" and "reliability" particular degree belief (the surprise as factors in a probability calculus, sees factor). The argument proceeds from as- some good in Domar and Musgrove, and sumptions as to the "natural and praises Fellner and Myrdal. reasonable responses of human nature to My thought is that, while it is well to intractable uncertainty." Thus it em- show the futility of mathematical proba- phasizes uncertainty (as against bility theory which reduces enterprise the "irreducible core of ignorance con- largely to chance (e.g. Keynes), it does cerning the outcome of a virtually iso- not help much to reduce the enterpriser's act" (p. 118). The idea is that purposive evaluations of outcome to a "expectation" consists in a reflective bal- matter of feelings of pleasure and pain. ancing of credibility (as opposed to proba- LEWIS H. HANEY bility), or the "surprise factor," and rela- New York University tive desirability. But along with considerable "rational belief" there go desire, MERIAM, LEWIS, KARL T. SCHLOTTERBECK, imagination, and "unbiased intuitions." and MILDRED MARONEY. The Cost and Expectations are reduced to two Financing of Social Security. Pp. ix, (1) those which cause surprise, and (2) 193. Washington: Brookings Institu- those which do not cause surprise. In tion, $3.00. each class, but positively only in the first, there are two independent This book presents descriptively and gain surprise and (6) loss surprise. It is factually the financial implications of so- emphasized that in comparing two different cial security legislation, existing and pro- ventures, the loss possiblities and the gain posed. It adds a chapter on veterans' possibilities can be and are considered legislation and one on private retirement separately. systems. A chapter entitled "Who Are An interesting attempt at three-dimen- the Needy?" summarizes and analyzes the sional exposition is made, but it seems recent account of low income families that essentially the scheme is that of the assembled by the subcommittee of the "indifference curve," and so is based on Joint Committee on the Economic Re- two quantities which are balanced as sub- port. The book begins and ends with a stitutes. On the axis is the "degree of criticism of the social security program surprise" (p. 5). On the x axis and recommends a new approach to the is the "outcome," or idea of gain (pre- problem. sumably net gain). But this somehow The authors tabulate and total the pros- becomes "relative desirability" (assuming pective costs of prospective programs and gain above zero), which is the author's 0. find them alarming. Maximum estimated It appears to be a preference, but is said costs of all proposals are to add up to represent the intensity of enjoyment to over $50 billion by 1980. This in- or distress in contemplating the outcome. cludes old age insurance, disability in- A hedonistic calculus is assumed, and surance, compulsory health insurance, un- must raise questions as to the accuracy employment compensation, public assist- of the psychology upon which the author ance and veterans' benefits. Against a relies. background of uncertain economic prog- Some valuable suggestions are made ress, possible depressions, and unknown bearing on the function of enterprise, and but certainly very large competing needs, an outstanding criticism of the theory of this is thought to be excessive. More- probability, as applied to economic deci- over, the system involves inequities in its BOOK DEPARTMENT 165

limited coverage and its windfall allow- make adequate use of our agricultural re- ances to those who qualify for old age sources in order to meet the wartime needs benefits and retire in the early years of of ourselves and our allies. Agriculture the program. The system contemplates was never fully mobilized. Indeed the a sweeping transfer of funds with heavy outstanding feature of agricultural produc- administrative complications, a huge ex- tion was that it had virtually reached its tension of the bureaucracy, and injurious wartime peak during the very first year effects on incentives. The whole idea of after this country's entrance into the war. reserves is based on a false imitation of Moreover, this 1942 record was only 14 private insurance and results principally per cent greater than production in 1940 in confusion and a demoralizing windfall when acreage restriction was still a domi- for the federal government. The social nant element in the national agricultural security system got off on the wrong foot policy. Dr. Gold "Such limited in seeking to provide a retirement system advances meant that total agricultural for everyone. It should confine itself to production not only fell short of require- the relief of genuine poverty. ments; it even fell considerably short of The authors' conception of a desirable feasible production potentials" (p. 75). social security system is a pooled fund (no Moreover, during the war no serious ef- individual accounts) without reserves sup- fort was made to alter the pattern of ported by either a net income tax (with- production that had prevailed in the pre- out exemptions) or a sales tax. war period. No real conversion of agri- The book will serve as an excellent culture in the light of wartime need oc- handbook of information concerning social curred. Instead of pressing for a shift security. It performs a useful service from to crops for direct con- also in calling sharply to public attention sumption, initial wartime goals actually the financial scope of the future commit- suggested a decrease in the acreage of ments now being contemplated. The prob- food grains and an increase of almost lem of forging existing programs into a equal size in the combined increase of system and of co-ordination with private feed grains and tame hay. The same pat- programs is ably presented. Unfortu- tern of preduction with few exceptions nately the authors' conception of an ade- prevailed throughout the war. quate social security program falls far Dr. believes that these shortcom- short of what the American people seem ings in our wartime economic planning to want and ought to want. Our social in agriculture can be traced directly to security system may do a poor job of the. weaknesses in leadership of those re- helping people to help themselves, but it sponsible for our mobilization program. at least preserves what seems to the re- These officials subscribed to restrained es- viewer this desirable objective. timates of potential as representing true HAROLD M. GROVES maxima, revealing a conviction that war- University of Wisconsin time adjustments needed only to be of a peripheral nature. The inadequacy of GOLD, BELA. Wartime Economic Plan- leadership was also reflected in the fact ning in Agriculture. Pp. New that the scale of accomplishment fell con- York: Columbia University Press, 1949. sistently short of goals, despite their modest proportions. The same feebleness of direction oc- This is a brilliantly written and closely cured in food distribution. Food price reasoned analysis of American agriculture policy was upon the concept of a in wartime. It is concerned mainly with fair return instead of one of frank dis- an examination of the adequacy of agri- crimination in favor of wartime neces- cultural mobilization, and the requirements sities. Food management generally was and needs for effective planning. characterized by the absence of a coherent It is Dr. Gold's considered opinion, and integrated program of wartime food amply buttressed by facts, that we did not controls. • / 166 THE ANNALS OF THE ACADEMY

One many wish that Dr. Gold had de- sion; he has at scholarly impar- voted a greater portion of his study to the tiality in this examination of the impact persistent interference by Congress with of unionism on society. He recognizes the work of an administrative agency. that he risks putting weapons the Perhaps a more detailed discussion of the hands of the opponents of unionism by role of public opinion in buttressing the what writes. He confesses that "union executive branch in its battle with the haters" may find comfort in certain parts legislature would also have been in order. of his analysis, while partisans of labor Nonetheless, this is a very fine book, may be shocked by certain things he feels distinguished by its high quality of scholar- must be said. ship and its very pertinent comments Lindblom's argument is that unions about one of the trouble areas of the must demand and will receive higher and American economy. Those who are in- higher wages, until they price all but a few terested in the role of planning in a demo- of their members out of the market. Non- cratic society would do well to consult competitive high wages must change the this book for the many lessons it offers. nature of our society. The potential re- BENJAMIN BAKER sults of union wage policies in producing Hofstra College inflation or unemployment are mentioned repeatedly. He doubts that wages can be LINDBLOM, CHARLES E. Unions and Capi- satisfactorily to increases in pro- talism. Pp. 267 New Haven: Yale ductivity. University Press, 1949. The author is concerned with the economic and political repercussions of re- Professor Lindblom urges that we repeated wage settlements rather than with examine unionism now that it has won an the problem of strikes. He demonstrates important place of power. Union pres- the course of union wage determination as sures on wage rates are becoming a major it spreads out to nonunion firms; many economic problem; general wage patterns pay above the prevailing levels to avoid threaten the basic nature of our society, unionization. The tendency toward in- he warns. dustry-wide bargaining and beyond it, the Unions and Capitalism is systematic, rounds of leader-pattern settlements, are comprehensive, and controversial. It is a narrowing wage differentials and crippling detailed application of the marginal pro- the competitive price system which has in ductivity theory to wages. It goes beyond the past the direction of our the theoretical to present significant insti- productive efforts. Competition for posi- tutional aspects of unionism and its impact tion within unions and between rival on today's social and political order. The unions results in upbidding wage demands author has woven illustrative material into to win the support of the much of his analysis. workers, Lindblom observes. In their Workers have found in unions, Lindblom search for higher and more secure wages, says, a weapon to solve their previously the unions have ventured far into the pre- unsatisfactory situation in modern in- serves which were once the domain of dustry. They have won higher and more management, he states. secure wages. They are establishing in- The blunt result of this development, dustrial democracy, setting new patterns in the author holds, is that we are being labor-management relationships. Without pushed into some sort of syndicalist- thinking through the implications, workers socialism. Few are planning this, and acting through their unions are upsetting many do not realize it. Although union the price system, altering the role of the leaders are unanimous in their allegiance employer, and forcing government into to "free enterprise," the author has gleaned functions alien to the enterprise system, from the writings of some labor leaders he holds. significant proposals which if Lindblom professes sympathy for or- would modify the present system radically. ganized labor at the outset of his The results of union policies are inevitable, BOOK DEPARTMENT 167 the author holds, whether or not the if there are disagreements with some of leaders of labor are ready to admit it; the conclusions he proposes. great unions, secure in their position, yet JOHN NEWTON THURBER ever seeking more and more, must cause Cornell University significant change. The function of government is dis- DENNIS, WAYNE, and others. Current missed by the author as simply attempting Trends in Industrial Psychology. Pp. to get production going when there is a 198. Pittsburgh: University of Pitts- strike. Mediators seek compromises; the burgh Press, 1949. unions know it. They have asked much, This volume is made up of eight lec- so when the difference is split, they get tures delivered under the auspices of the a nice increase. Government, it seems, Department of Psychology in the College only accentuates the problem. of the University of Pittsburgh. The In the final chapters, Lindblom specu- titles are: "The Background of Industrial lates on what can be done now that we Psychology" (W. Dennis), "Organization are where we are. He rejects turning back Structure" (C. Shartle), "Job Require- the clock. The controls he suggests are, ments" (J. Flanagan), "Personnel Selec- he admits, almost all unacceptable. Hope- tion" (0. Crissey), "Training in Industry" fully he suggests that the workers, when (W. McGehee), "Employee-Management they have achieved full citizenship by Relations" (B. Baxter), "Morale and Mo- union political action, may through gov- tivation in Industry" (0. Katz), and "In- ernment set limits on their policies as dustrial Psychology and the Community" union members. (H. Taylor). Most readers will be struck by the re- Most of the contributors agree that peated use of "monopoly" in connection the collection and interpretation of "data" with the role of union labor. Used in its torn out of the context of actual human academic sense, the word has certain behavior, however valuable for some pur- meanings; applied in public discussion of poses, misses what is being sought. The current issues, it is highly charged. He current tread is toward going beyond the develops the idea that "labor monopoly" statistical manipulation of data to the un- is practically unlimited. The author does derstanding of human nature. As Harold admit that business combinations and Taylor writes, . . we are elevating the farmers' organizations are also altering technique of intelligent conversation to relationships in the competitive system. the position of a basic tool of psychologi- This admission is not likely to curb those cal investigation" (p. 179). who would use the book against the This raises many problems: the compe- unions; they can repeat from his argu- tence of interviewers or observers in the ments and phraseology with glee, despite various areas of job analysis, personnel the fact that they find little comfort in selection, morale, and so forth; the pro- many of his conclusions. fessional skill of supervisors or profes- Professor Lindblom has produced a sional staff or conference leaders charged thought-provoking work. It will arouse with the development of supervisory lead- controversy; one can debate almost every ership; the determination of criteria paragraph of it. Frequently the illustrations which define what one is seeking and guide he offers call to mind others which might the interpretation of what is found. For modify his arguments. One feels that example, is immediate increased produc- much significant recent writing in the tion necessarily an index of improved field has not been consulted by the au- morale? It may also indicate an imme- thor; some of this would strengthen his diate lowering of morale. The long-range case, while other works diverge from the effects on employee-management relations, conclusions he has reached. The author when analyzed and defined, may offer bet- has achieved his goal of causing the reader ter indexes of improved morale. to ponder the implications of the rise of Furthermore, "morale" should not be the great unions; he should not protest regarded as a simple or single concept. 168 THE ANNALS OF THE ACADEMY

There are different levels of morale. Rehabilitation of Industrial Workers. As Small groups may have high morale, yet an offshoot of this Roffey Park was not be identified with the organization as a equipped as a Rehabilitation Center. whole. Contrariwise, employee benefits A six-weeks' program of rehabilitation may create good will toward the company was devised under a professional staff. without leading to greater production The center attracted many visitors from (Katz). industry. In collaboration with the cen- The current trend toward emphasizing ter staff the representatives from indus- face-to-face relations between people in trial firms human problems in a working situation as the most important industry. Members of the class were en- area of inquiry is unmistakable. This couraged to participate in discussion and trend introduces a series of methodologi- to arrive at their own conclusions. cal problems and the question of compe- The present volume represents an ex- tence to deal with them. tended statement of the discussions which To take one area as an example, the took place during these six weeks in 1947 problem of supervisory Who and 1948. The volume has no explicit is to be trained? What is to be the con- theoretical framework. There are such tent of training? What methods are to chapters as "The Importance of Human be used in training? Who is to do the Relations," "Why People . Work," "Ex- training? How are the outcomes to be amples of the Application of Psychology evaluated? (McGehee) to Industry," "Early Signs of Mental Dis- In a few words, the focus in industrial order," "Mental First Aid." Nevertheless, psychology is to understand what makes there is a restatement of recent tentative for congenial workers and supervisors and conclusions in the field of industrial rela- employers. The orientation is less toward tions. For example, in the chapter "Why techniques and more toward problems of People Work," the author states that not human communication. only is there a search for material secur- The problems within the traditional ity but there is present a desire for the framework of laboratory psychology and approval of the group, the desire for pre- the techniques of attitude measurement are eminence, for pride and skill, and for a being supplemented by learning about the sense of one's own value. The chapter skills involved in relating to human beings. on "The Essentials of Leadership and The This publication, as far as I know, pre- Teaching of Leadership" is a rather dissents the best over-all picture of the real cursive restatement of what anyone seri- problems confronting the intelligent and ously interested in the field of industrial sensitive industrial psychologist. relations has learned a decade ago. NATHANIEL CANTOR For the less sophisticated student in University of the area of human relations in industry the book will help give insight concerning R. F. Human Relations in the more important viewpoints of the past Modern Industry. Pp. 192. New fifteen years. Even the more sophisti- York: International Universities Press, cated students, however, will be impressed 19SO. by the author's repeated emphasis of the The author of this volume is a regional importance of the atmosphere of the dis- psychiatrist to the S. E. Metropolitan Hos- cussions during which insight into human pital and on the staff of the Department relations is developed as well as of the of Psychiatric Medicine at the University need for the members of the group ac- College Hospital, London. This book is a tively to participate in their own learning. development of the experiences of the This last point is being discovered through author in the training course in human recent American research surveys in in- relations given at the Training Depart- dustrial morale but remains unappreciated ment at Park Rehabilitation Cen- by most personnel managers. ter in London. In 1943 there was formed NATHANIEL CANTOR in London The National Council for the University of Buffalo BOOK DEPARTMENT 169

GLEN U. Making Work Hu- phy is attached for those who seek a more man. Pp. 326. Yellow Springs, Ohio: exhaustive treatment. Antioch Press, 1949. Every reader of this book will be im- The purpose of this book is to present pressed with the clarity of analysis, the a philosophy and psychology of work meticulously careful formulation of con- which, if applied, will make work human. clusions, and the objectivity of approach It is essentially a treatise on the principles to controverted areas of labor-manage- underlying the of industrial ment relations. While the point of view n relations and the techniques for their ef- and method are primarily those of the in- fective implementation. dustrial psychologist, the author's general The author's primary thesis is that work discussion is an excellent synthesis of psy- can be made as satisfying as leisure-time chological, economic, political, and social activities, provided the fundamental prin- approaches. This is undoubtedly one of ciples of human behavior are compre- the best short treatments of the problems hended and applied in the administration of human administration in industry that of the workshop. In the development of has appeared for some time. It will this thesis the author begins with a dis- greatly repay a careful reading by all cussion of the nature of work, human those who are responsible for the manage- desires and needs, and self-realization ment of industry and the leadership through work activity. Next he examines labor, and should prove very helpful to such efficiency and good-will conditioning the layman interested in a constructive factors as fitness for work, employment examination of the basic difficulties of our opportunities, education for life and work, industrial civilization. job environment, and labor's reward. GORDON S. Finally, he considers the relationship that University of California. necessarily exists between the degree of competence in supervision, the causes of and E. F. BRECH. The industrial conflict, and scientific research Making of Scientific Management, Vol. on the one hand, and final solutions of the I: Thirteen Pioneers. Pp. 196. Lon- complex problems of labor administration don: Management Publications Trust, on the other. 1949. 12 s., 6 d. Throughout the analysis the reader is It is only an established church in which presented with the concept that the law a high priest writes the lives of the saints. of life is action; that the basic principle This small volume attests the coming of of human nature is the biological need a new generation that has not looked upon for activity. Disregard of this funda- the faces of the giants, and these sketches mental truth is responsible for much of are a worthy work of piety by Major Ur- the maladjustment in our economic organ- wick, the leading philosopher of British ization. The attitude toward work too scientific management. often is negative rather than positive. His book of hours begins with Charles But the problem is not merely one of false Babbage as John the Baptist. Babbage's attitudes; factors in the work situation, "Difference Engine" of 1830 seems a pre- in supervision, and in the leadership of cursor of his analyses of processes industry and labor contribute to our di- and unit costs in pinmaking in 1832 par- lemmas. For this reason, the author allel strikingly the gospel of Frederick W. deems it necessary to examine carefully Taylor, who is included with Gantt and such specific problems as job analysis, job Gilbreth as one of the three American descriptions and specifications, education engineers among the fathers. Rath- and job training, work opportunities and enau, Rowntree, and Henry Dennison are security, the factory environment, per- the industrialists, and Mary Follett, sonnel procedures in selection and place- Chatelier, and De Freminville are the ment, and research. Techniques for deal- scholars, whose statues fill the niches of ing with such problems are provided in the gallery of saints. Each sketch is sup- the appendix, and an extended bibliogra- by a bibliography of the patris- 170 THE ANNALS OF THE AMERICAN ACADEMY

I writings. There more of the history How successful a book will be, and, for of the movement than the biographic form that matter, how much of a failure, de- would suggest. • Thus, in recounting pends not to an inconsiderable extent on nison's contribution, Major Urwick is the wisdom with which one decides what to include much of the story of the Inter- shall go into it, and what should be left national Management Institute, of which out. When the book, however, deals with he was once director and of which Denni- a subject as limited as air transportation, son was a patron. the life span of which covers barely a Major Urwick is crotchety about sci- quarter of a century, selection of material entific management and government. is not at all a problem, for, to fill the "The logic of science does not recognize "regulation" number of pages that make political compromise. The truth is the a full-sized book, one has to throw in truth, not an adjustment achieved by tak- everything from time-table data to ma- ing portions of two different myths" (p. terials ordinarily found in flight manuals. 14). A scientist cannot do original re- And precisely that type of fill-in material search work in the employ of a govern- is what Professors Wilson and Bryan had ment department: "the two roles are in- to fall back on to fill the well-nigh seven compatible" (p. Yet the model of hundred pages of their volume on "Air . (unfinished) "Difference En- Transportation." How else can one regard gine" is "a testimony to the imagination data that consist of fifty-six names of and foresight of the governments of the vest-pocket editions of airlines, twenty- which supported his research by three items found in air express waybills grants (p. 22). Moreover, the last trip- (destination office, final destination air- tych in Urwick's gallery is of Messrs. port, name and address of consignee), Brownlow, Merriam, and Gulick, Presi- eight conditions on which airlines accept dent Roosevelt's Committee Adminis- C.O.D. shipments, which the authors make trative Management. Is not the resolution use of to fill page after page of their man- of his difficulty the admonition of Taylor uscript? Were that type of data the ex- himself that "another type of scientific ception, one might overlook it for the sake investigation which should receive special of other merits which the book might attention" is "the accurate study of the have. But it is not. This material is the motives that influence men" (p. sum and substance of which the book is Follett, Dennison, and Rathenau made. The only thing that might be said certainly bridged the gap. for it is that it helps fill a book whose con- Major Urwick projects as Volume II fines vastly exceed the limits of its subject the history of scientific industrial man- matter. agement in Great Britain, and his proposed But while the author-s were apparently Volume III "will outline some of the more so hard pressed for fill-in material, they recent developments" in the United States, completely failed to make use of the only such as the Hawthorne plant experiments subject on which they might have made a of Mayo (now nearly twenty years old). singular contribution, and that is the eco- He hopes, too, to add portraits of other nomic regulation by the Civil Aeronautics men and women who "are in the great tra- Board. dition of humanism," and "whose work is The only economic regulation of any as typical of the social heritage of the consequence is, as is generally known, the twentieth century as the work of Michael Federal regulation that has been set up by Angelo and Leonardo da Vinci was typical the Civil Aeronautics Act. The Civil of the Renaissance." Aeronautics Board has acted under it on CHARLES S. ASCHER dozens of applications for certificates of Brooklyn College convenience, and on scores of applications for rate hearings. Certainly out of these WILSON, G. LLOYD, and LESLIE A. BRYAN. decisions patterns of policy with respect to Air Transportation. Pp. ix, 665. New competition and monopoly in air transpor- York: Prentice-Hall, 1949. tation, and cost allocations between differ- BOOK 171 ent types of traffic in connection with rate per") profits and loses are frequently very making, must have evolved. Here the large in years of rapid price that authors had an opportunity to study eco- the inventories of manufacturing concerns nomic regulation in the making. Yet of that use LIFO accounting are substantial the chapters on economic regulation and the number using it is increasing; they devote only one chapter to Federal that the principal motive for its use is tax regulation (the other two to state and saving, though numerous companies use municipal regulation), and that one does LIFO or similar methods instead of FIFO not study the Board's decisions and poli- or for other than cies but merely describes the regulation tax reasons; that most adoptions have framework as set up by the Civil Aero- been by large companies with normally nautics Act. large inventories; that most GILBERT GOODMAN have been due to inertia or ignorance of Wayne University that there are numerous other good and poor reasons for adoption BUTTERS, J. KEITH, and NILAND. and nonadoption, depending upon various of Taxation: Inventory Ac- factors and conditions; that two or three counting and Policies. Pp. xix, 330. other methods accomplish about the same Boston: Graduate School of Business beneficial results as LIFO; and that the Administration, Harvard University, growing use of LIFO will increasingly 1949. $3.75. complicate the estimating of national income. This is the first of a series of six pro- Professor Butters' tentative conclusion jected studies of the effects of Federal is: "so far as economic effects are con- taxes upon business, conducted through cerned, it would be wise to adopt a concept the Harvard Graduate School of Business of income which excludes the distorting Administration and financed by the Mer- effects of inventory profits and losses." rill Foundation. Professor Dan T. Smith Students of business taxation, account- is director of the Tax Research Program ing, management, and public policy will and is scheduled as the author of one welcome this enlightening monograph. monograph, Effects of Taxation on Cor- ROY G. porate Financial Policy, which the re- University of California viewer presumes will summarize and correlate the findings of the series. MILLER, WILLIAM. The Book Industry. The authors of the present book at- A Report of the Public Library Inquiry tempt to answer such questions as the of the Social Science Research Council. following or, at least, to throw some light Pp. xiv, New York: Columbia on How extensive, or how sig- University Press, 1949. $2.75. nificant, are inventory profits? (2) What is the extent of the use of inven- Despite Dr. Robert D. Leigh's explanatory accounting and what are the reasons tory foreword that this study is "well cal- why different industries do or do not adopt culated to supply [such] insight into the it? (3) What are the economic, social creative relationships" between public li- (and political) effects of different methods braries and book publishers, it is my of valuing inventories? (How are the considered judgment that the reader productivity and stability of the economy emerges with more mystification than en- affected? What are the reactions of man- lightenment. agement, stockholders, labor, and the pub- I write out of a reasonably responsible lic?) (4) How are different inventory and successful connection with book pub- methods related to general concepts of lishing of just under thirty years' duration, profits? (5) How are Department of and I have found little in my experience Commerce estimates of the national in- which bears any relationship to come affected by LIFO? the picture of publishing set forth in this This study shows that inventory ("pa- book. The underlying reason for this odd 172 THE ANNALS OF THE AMERICAN ACADEMY discrepancy between this delineation and brary support, they may feel they have my construct of the publishing world is to leave to the university presses, in which that the author tended to center at- considerations of profit are no so imperi- tention upon those aspects of the business ous. which may be referred to as its "big-time" This book, of gives a certain phases. The glamour of "best-seller" pub- factual presentation of some of the diffi- lishing is but a relatively small fraction culties under which publishing today la- of the publishing business, in terms of the bors. But such information would be far number of titles also the amount of more appropriately placed in the hands of disinterested publishing energy and intelli- doubting authors than in the hands of gence employed. When one realizes that those of us in the business who know only the publishing business includes, in addi- too well the rigid limitations within which tion to best-sellers, an extraordinary out- we have to work. put of volumes in the field of belles- I am sure I am not alone in the pub- lettres, treatises in an increas- lishing business in my desire to approach ing variety of special fields, religious books, my editorial role with a certain profes- medical books, juvenile books, technical sional sense of public responsibility. I am books, and textbooks, it will be appreciated sure also that there are hundreds of li- that the service of the usual publisher to brarians who cherish a similar professional the medium-size public library is far approach. But I cannot see that the pres- greater, and more sympathetic ent volume will serve to advance any rec- than this book suggests. onciliation of interests here, if such be Presumably, the publisher-reader of this needed, because the total impression of the volume is supposed to regard himself as volume is to exacerbate a sense of frus- somewhat on the defensive. In actuality, tration about closer collaboration on the my own observation is that the publishing part of two groups whose total service to business is generous to a fault in making the educational forces of the Nation is available each year hundreds of volumes not inconsiderable. which from a profit standpoint are border- ORDWAY line books, but which from a cultural Harper & Brothers standpoint add appreciably to the body of New York City valuable contributions to knowledge, many of which eventually find their assured reference place in public library collections. SOCIOLOGY There are, of course, genuine handicaps - surrounding the economics of the publishing business. Nor are these of the pub- WHITE, LESLIE A. The Science of Cul- lisher's making. And the low per capita ture: A Study of Man and Civilization. consumption of books in this country is an Pp. xx, 444. New York: Farrar, Straus all too familiar fact. But my own belief and Co., 1949. $6.00. is that there never has been a time in the The Science of Culture is a brilliant and recent past of America's publishing when provocative presentation of the proposi- it has exhibited such complete vitality, tion that culture is to be explained only freedom, and diversity of utterance, ex- in terms of itself. Culture is analysed ploratory pioneering into new fields, and as a self-contained, self-determined proc- catholicity of acceptance of manuscripts ess; a class of events and processes that on differing aspects of numerous contro- behaves in terms of its own principles, versial issues, as it does now. and which therefore can be explained only If more responsible librarians would in terms of its own elements and processes. provide standing orders for the nonfic- The book is divided into four parts. tional contributions of the responsible Part I, on science and symbols, is com- publishers, a modicum of advance would posed of five essays, of which the fifth be achieved in minimizing the publishers' will perhaps receive the most attention. risks on many projects which, without li- In this essay the expansion of the scope DEPARTMENT 173

of science is traced, from its first applica- The Science of Culture deserves serious :h to the heavenly bodies to its most re- study by all social scientists. i- cent conquest in the realm of culture. FRANK E. In Part II White attempts in seven es- Wayne University says to clarify fundamental distinctions between mind and culture, or between psy- MILLER, HUGH. The Community of chology and "The Locus of Man. Pp. 169. New York: The Mac- Mathematical Reality" is perhaps the best millan Co., 1949. $3.00. of these, although professional philoso- Reading this book impressed this re- phers might not agree with his cultural so- viewer forcibly with the rewards of re- lution of an problem. viewing books. Without having this one Part III is an extended essay on cultural sent to me, I might have missed an excit- evolution. It provides a dynamic inter- ing a difficult one. Let pretation of cultural growth in terms of not the gentle reader rush in blithely, for the kinds of energy exploited. White this book is written by an anthropologist formulates this basic law of cultural evo- who takes a far longer look at the problem lution: "Other factors remaining constant, of American-Russian relations than the culture evolves as the amount of energy ordinary political scientist does, not to harnessed per capita per year increases, or mention the average citizen. as the efficiency of the instrumental means The earlier chapters, which go back to of putting the energy to work is increased" the beginning of human society, and be- (p. 368). A brief review cannot do justice yond, are not easy reading, but they are to White's challenging conception of cul- very rewarding. Human progress is not tural evolution. It must be studied in its accidental; it is the very condition of sur- entirety to appreciate its richness. vival. In every age it is the adaptable In this reviewer's opinion, the two most group that thrives and survives. It is the important aspects of The Science of Cul- groups that fixated by orthodoxy ture are the attempt to restate the theory that decline. The fixation of feudal forms of cultural evolution in the light of cur- and thinking made Germany unable to rent knowledge, and the insistence upon adapt herself internally to sudden indus- a cultural explanation of culture. Amer- trialization. The fixations of a barracks ican anthropologists have largely discarded state "demoralized and drove her into ag- the theory of cultural evolution. They gression; and there is more than a hint have been willing to accept the postulate here that the same fate that destroyed of evolution in all spheres save that of cul- Germany will overtake any state that goes ture! White's work has already done in for militarism. much to counteract the unfair attacks of Religious orthodoxy is hardly less de- the "historical school" upon cultural evo- structive. All the founders of the great lutionists. religions were "the creators of the world White is also correct in his claim that and the spearhead of evolutionary prog- recent attempts to "explain away" culture but their creeds suffered from orth- by making it an individual psychological odox fixations. In India and China, caste phenomenon represent a regression for and tong and other fixations strangled all anthropology. With few outstanding ex- progress. In the West, "the Protestant ceptions, most American anthropologists peoples invariably progressed, with po- are now untrained psychoanalysts or psy- litical and economic readaptation. The chologists using anthropological illustra- Catholic and Orthodox peoples, dominated tions. Will White's insistence upon the by priesthoods, invariably declined," the reality of culture be explained in the ad decline being worst of all in Spain. The terms that recently United States, where progress has been used, as being due to an "inner, largely greatest, is the child of the Protestant unconscious, need to escape from the per- Reformation. sonal past, or to crawl back into the womb "The great orthodoxies have become im- of the cultural past"? pediments to progress and human brother- 174 THE ANNALS OF THE AMERICAN ACADEMY hood. They set Hindu against Moham- This result is so nearly certain that any medan, Christian against Jew, Catholic political scientist could write a con- against Communist, Protestant against vincing article on the subject, and, as it be- Catholic. They are divisive, not co-oper- comes increasingly evident that, like the ative. They dismember man and cosmos, Russians, we have sometimes acted in a they tear apart the living God." hasty, immature fashion internationally It is not an accident, says Miller, that since all social scientists ought to be both American individualist democracy re-examining both the premises upon and Russian communist democracy have which the cold-war policy is based and the arisen. Each is a revolt against orthodoxy end to which it leads. and the two are complementary, not anti- D. F. FLEMING thetical. Our democracy based on the Vanderbilt University sovereignty of the individual is the result of 2,000 years of adaptation, and com- MILES, ARTHUR P. An Introduction to munist democracy is the product of 1,000 Public Welfare. Pp. 4SO. Boston: D. years of evolution through Holy Russia, C. Heath and Co., 1949. $4.00. with its traditions of group loyalty. The profession of social work and the Neither society worships property as public who suffer from the efforts of its ill such. We use property as a means to in- workers have long needed and dividual welfare and sovereignty, curbing wanted a comprehensive introduction to its use and distribution with that end in the field of welfare services. This work, view; yet without communism in the while professing to limit itself to an ap- world, the pursuit of individual ends, po- praisal of tax-supported social work, does litically achieved, might disintegrate our nevertheless provide a highly usable intro- society. Conversely, communism cannot duction to the general field. It is a book survive without a high degree of adapta- that will bear careful reading and con- bility, which can only originate in and be tinued use as reference material there- reproduced by individuals. after. Each not only needs but requires the The author, at the outset, avoids the other. "To fixate the political economy of morass of politico-economic surmises as man would destroy adaptability and stop to what "public welfare" should mean by progress. The group which sustains evo- limiting his definition to the content and lution must have variety of every type." functioning of tax-supported social work. The step to world civilization only requires He relies somewhat heavily upon the that Americans and Russians recognize doubtful literature of this new field and that "each is necessary to civilization and in consequence reflects somewhat its wish- each necessary to the other." ful social philosophy. Much of this liter- The moment, also, that each respects ature seems to base its pronouncements the other, the community of man will be- upon sentiment and emotion rather than gin to be born. At first glance this may logic and profound understanding of man sound too simple, but it is a thought which and his governments. It gives the impres- is capable of a great deal of development. sion too often that what we need in the Certainly there is no hope in the refusal of United States is a highly centralized Fed- each way of life to grant that the other eral government sans county, sans state. has any validity. Sovereignty in the respective states there- What is the alternative to mutual re- fore is an anachronism and any limitation spect, asks Miller? By war the United of Federal powers a hindrance to the com- States might succeed in destroying the mon good. Yet with all this chattering Soviet Government, but in two or three about his ears, Professor Miles holds a communism would arise "more fair course, going little if any further than vigorous and momentous than the sound tenet that programs and reme- and the United States, attempting to police dies must be as wide in scope as the ills a world in turmoil, would be "corrupted they seek to cure. at home and lose all liberty." The work is divided into four parts: BOOK DEPARTMENT

"History," "Formative Developments," Mrs. Burns opens with a statement of "Modern Public Welfare Agencies," and the facts that give rise to the need for a "Administrative Techniques." It is de- social security program and follows this signed to bring to the college undergrad- with a discussion of the nature of the tech- uate and to the beginner in professional niques and devices used to provide se- training an over-all picture of the field of curity. She then proceeds to an analysis social work in the area of the tax-sup- of the various parts of our social security ported services. system under four na- Part one, which seeks to present the ture and amount of benefits, methods of background of English practice and recites financing, and administrative organization. our early colonial policies in poor relief, The resultant material has been put into is less satisfying than the author's excel- admirable form for use by teachers. Mrs. lent discussion of the present-day pro- Burns's pages are well documented and gram. The fact that the law of England are backed with extensive notes which was the law of her American colonies teachers will find to be of substantial help down to the treaty of Yorkto'wn is not in organizing courses on social security. shown with sufficient emphasis; and the The book will be useful to students in the true nature of governmental regulation social sciences and in schools of social establishing jurisdictional responsibility work, and as a background for in-service for the payment of bills for the relief of training. the law of legal The closing section is devoted to the left in some obscurity. is the worst discussion of a "rational social security that can be said of an excellent text. This system." Here Mrs. Burns states her po- work should become standard reference sition on some of the issues. Her in all social work libraries. point of view toward what is perhaps the ROBERT W. key item in social security is indicated in University of Michigan relation to old-age insurance: "social policy for this group might aim at allowing BURNS, M. The American So- the beneficiaries to count upon a modest cial Security System. Pp. 460. but self-respecting income which with Boston: Co., 1949. reasonably good management will eliminate recourse to supplementary relief." Teachers and students will like this com- Here, as at other points, Mrs. Burns petent description of "the main character- seems to imply a social insurance mainly istics of the various social security pro- concerned with the lower income groups, grams currently in operation in the United a substitute for public assistance, not far States, the differences among them and from the minimum subsistence levels of their relationships to each other." means test programs. The contrasting The author, in carrying out her purpose, position is that, although insurance should directs her principal attention to the big certainly supply this minimum, it also may three of the Social Security legitimately aim at something more. and survivors insurance, unemployment As Franklin D. Roosevelt said in his insurance, and public assistance. She in- address to the 1940 Teamsters Union Con- cludes also a discussion of the railroad se- vention, "It is my hope that soon the curity programs, workmen's compensation, United States will have a national system the emerging state systems of short-term under which no needy man or woman disability insurance, general assistance, and within our borders will lack a minimum the income maintenance, education and re- old-age pension which will provide habilitation measures for veterans. Since quate food, clothing and lodging to the the book confines itself to the existing end of the road and without having to go government programs, it does not discuss to a poorhouse to get it. medical care, children's allowances, or "I look forward to, coupled with that, private and collective-bargaining security a system which, in addition to this bare plans. minimum, will enable those who have 176 THE ANNALS OF THE AMERICAN ACADEMY

faithfully toiled in any occupation to build participate in the battles of humanism. In up additional security for their old age England, Institutes of Social Medicine which will allow them to live in comfort have been established at Oxford and at and happiness." Birmingham and Edinburgh. In the The growing emphasis upon pension United States, however, in spite of decades programs by the stronger and better-paid of lip service, even preventive medicine unions and the pressure from groups like remains, as George Baehr notes in his the Townsendites point to the importance Foreword to this book, "a neglected step- of a universal system with contributorially child of medicine and public health." The founded benefits related to wages. The medical profession still focuses almost ex- middle classes, as well as the lower-paid clusively upon the ills of the individual groups, want a meaningful base upon patient, underestimating the important which they can build additional provision role of social environment in health and through savings, home ownership, private disease. insurance, and the many other arrange- For this reason the New York Academy that individual enterprise develops. of Medicine is to be commended for its One of the best guarantees of a soundly effort to break down the intellectual iso- administered system is to make it signifi- lation of physicians and to alert them to cant to these groups. The alternative is the sociological ramifications of their pro- an increase in the demand for free state fessional work through holding an Insti- pensions and a miscellany of collective- tute for Social Medicine in connection bargaining plans which reduce the mobility with its Centennial Celebration in the of labor and work hardship on the em- spring of 1947. This volume is a collec- ployer who lacks the economic security tion of the papers, varying widely in of large-scale fiscal and operative structure. merit, delivered at that institute by leading Mrs. Burns, in her marshaling of the authorities on the changing concepts of facts of social insurance and public assist- the relation of medicine to society, on the ance, has once more demonstrated her relation of social medicine to clinical and ability to take a difficult and complex sub- preventive medicine, and on the place of ject matter and assemble it for intelligent epidemiology, nutrition, and social psy- use. In so doing she has advanced the chiatry in social medicine. objective about which teachers of all The limitations of the volume appear to shades of opinion are agreed: arise largely out of the restricted definition "The prospects for a more orderly and of social medicine in the framework of rational security system will depend upon which the institute was called. This is the degree to which its advocates succeed given by the director of the academy in his in disseminating among the citizens an introduction when he avers that "social understanding of the problem of economic medicine is concerned primarily with a security, the advantages and disadvantages mode of thought and only secondarily of the various available social security with the mechanics of action." Most of techniques, and the character of the value- the participants in the conference, in spite judgments that underlie policy decisions." of their competence, rigidly refrained from DE SCHWEINITZ giving their judgments as to how social of California medicine could become more than a "mode Los Angeles of thought" through the reorganization of medical practice. The outstanding excep- Social Medicine: tion was the featured speaker, Lord Its Derivations and Objectives. Pp. leader of a small faction of Brit- 294. New York: The Common- ish physicians vigorously opposing the Na- wealth Fund, 1949. tional Health Service, whose broadcasted As early as 1848 the famous German address, which concludes this volume, was physician Virchow wrote that medicine permitted to go unchallenged in its reiter- was a social science and urged doctors to ation of conventional and oft-refuted at- BOOK DEPARTMENT 177 tacks upon government efforts to bring students themselves raise, such as (p. adequate medical services to all the people. "How can I drink without becoming a J. STERN drunkard? Will the boys like me as well Columbia University if I drink?" The authors have made a fine contribu- RAYMOND G., and EDGAR M. tion in an important field. Only details Alcohol and Social Re- may be quarreled with, of which two will sponsibility. Pp. xvi, 304. New York: be mentioned: (1) If alcoholism is a dis- Thomas Y. Crowell Co. and Yale Plan ease, what kind is it? "Psychiatric" is Clinic, 1949. the easy answer; but the scientific basis This book gives an excellent program for this answer is more controversial than for teaching about alcohol in public is indicated in this book. (2) Why not schools. Like other publications on the educate students in the symptoms of ap- subject from Yale, it is based on three proaching alcoholism, such as frequent fundamental propositions (p. 252): (1) drinking before breakfast? Alcoholism is a disease and the alcholic It seems unlikely that formal education a sick person. (2) The alcoholic can be will markedly change the percentage of helped and is worth helping. (3) Alco- drinkers, nor does this book preach absti- holism is a public health problem and nence except on occasion, such as when therefore a public responsibility. driving a car. The program advocated For most grammar and high school stu- here, however, should give a good prepa- dents alcoholism is a remote personal ration for the critical post-high school pe- problem. The usual pattern is to start riod when drinking or nondrinking pat- drinking in the late teens or early twenties. terns of behavior are generally set. Of those who drink, approximately E. DOUGLASS per cent, under today's conditions, become University of Pennsylvania chronic alcoholics about twenty-five years later, on the average, with another 5 per DEES, JESSE WALTER, JR. Flophouse. cent having real trouble with drink- Pp. xxv, 170. Francestown, N. ing. The authors' approach to education Marshall Jones Co., 1949. $4.00. on alcohol takes this into account. It Flophouse has been widely advertised. is an integrated approach, based on facts It is supposed to be the result of a decade and on the historical, economic, of personal undercover "study of the physiological, psychological, and socio- jungles, missions, public shelters and cheap logical aspects of the problem. The facts, hotels frequented by hobos, tramps and given in Part I, have been collected chiefly bums." The author has used only 47 from other Yale publications. They are pages to describe the work of a decade. informative and interesting, although given When one expects to be brought up to here quite uncritically. Most readers date on Hobohemia, one is disappointed to would be impressed with the complexity find that a major part of the book is a re- of the alcohol problem and would tend view of other studies in the same field, to become distrustful of those advocat- rather than the result of an undercover ing simple solutions. Part II tackles the study by a mature sociologist. While the methods of teaching with emphasis on book was published in 1948, it contains the high school level. The method favors little information beyond the thirties. consideration of alcohol as a genuinely This book begins with a "Who's Who" controversial subject requiring tolerance of in Hobohemia (A Glossary) and ends with various points of view. Students should appendices which include data on The become acquainted with the facts given Hobo News and two articles from The in Part I; and the impact of alcohol on Chicago Tribune. There is a brief bibli- their own lives, as young people, should ography but no index. Chapter I is an be faced squarely. Answers must be eight-page review of public relief policies sought honestly to questions which the in England from the seventeenth through 178 THE ANNALS OF THE ACADEMY the nineteenth century. In Chapter II assimilated? Have they been assimilated there is a study of public relief policies at all? If not, why? If so, to what ex- in America for homeless men in ten com- tent? Or, are they assimilated more munities. slowly than other immigrant groups? If was visited by the author. Information this is the case, what culture traits are re- concerning nine of the ten communities sponsible, and why are they so?" To an- was taken from studies made by others in swer these questions the author describes the thirties. the background of the Chinese immigrants The next five chapters include a review and their institutional life in Philadelphia of work with homeless men in Chicago, before concluding with a balance sheet of studies made by Beasley, Solenberger, acculturation, and a forecast. Sutherland, Locke, Roseman, The descriptive portions of the work and Johnson between 1923 and 1937. will be instructive to readers who want Next the author includes a brief account to know something about the Chinese in of his undercover study of flophouses and America, and they will also be useful to shelters in Chicago. For this work he was students who want to compare Philadel- as a homeless man. The results phia Chinese with Chinese residents else- are not impressive, since they add too where. In order to do so the reader will, little to the knowledge presented by the however, have to separate the facts from writers mentioned above. One should be sweeping and apparently baseless state- able to include this study in a bibliography ments. For instance, the author says: for a course on Methods of Social Investi- "The Chinese mother in the home has gation; but it pays little attention to re- certainly no less power than any American search procedures. Several grammatical mother" (p. 34). I think serious students errors appear in the author's diary. "Pre- of the Chinese family cannot agree with sently, all we (p. 98) is an ex- such a statement; there are no facts to ample. back it up. Then, later, the author says Shelter services are described, including of the Chinese husband-wife the process of There is a "There is very little husband-wife relation- portrayal of a typical flophouse hotel with ship in the American sense" (p. a cross section of shelter conversation. a meaningless statement with no There is a chapter on "Findings and Con- facts to back it up. At other points the clusions." The methods of social work author makes a rough sketch of the pos- are criticized. Outdoor, cash relief is sible kinds of family, and then gives no urged, thus providing the same care given indication as to what the actual findings a family man. "The man need not break were (p. or estimates "the Chinese community or social ties because of ac- Christian population in Philadelphia to be cepting relief" (p. 143). Actually, there is in the neighborhood of one-hundred or a a problem because these men have already little more than 10 per cent," and then broken community ties in every state in proceeds to make refined comparisons be- the United States. tween this alleged figure and other figures L. GUY BROWN (P. 191). Rhode Island State College The reviewer also finds the extended theoretical introduction (pp. 4-14) quite CHENG, DAVID TE-CHAO. Acculturation unrelated to the body of the book. He of the Chinese in the United States: A looks in vain to find the actual utilization Philadelphia Study. Pp. x, 280. Foo- of the concept of acculturation as a chow, China: Fukien Christian Univer- process. Perhaps it is this fail- sity Press, 1948. SO. ure to digest what he includes that leads the to glaring misunderstandings This is a useful but not very convincing such as the following: On page 32 the book on the Chinese in Philadelphia. The author begins his discussion on Chinese author went out to look for answers to the family life by quoting and endorsing following questions: "Can the Chinese be Kulp's dubious "fourfold analysis" of its BOOK DEPARTMENT , 179

functions, namely, "the natural family," subject of sexual injustice and pulls no "the sib, or the conventional family," "the punches in her accusations of guilty males. religious family," and "the economic fam- Government, rooted in men, industry, ily." But the author says: "A fifth func- rooted in men, and religion, rooted in their tion of the Chinese family should be added ideas, constitute the basic triad of life and here. It is the clan organization" (p. 32). society. Woman's resistance to reproduc- Had the author looked at the literature or tion was equally as in the his- facts closely, he would have found that tory of mankind as the struggle for exist- Kulp's "sib" is the same as his "clan or- ence and production. Women evolved the ganization." belief that there is something inherently The conclusions of the book are quite wrong with sex and erotic pleasures as a contrary to known facts as well as to the weapon of self-defense. Men, in a kind author's own thesis. One example must of retaliation, evolved the belief that suffice: As factors and events which will women were inferior to men. The constitu- make for an improvement of the situation tion of justice will provide for an equiliza- of the Chinese in America he cites, (1) tion of the male and female roles by allow- "The Chinese government through her ing women more of the freedom now en- consulates in the United States has urged joyed by men and allowing men to the overseas Chinese to throw away their share more of the prestige inherent in infamous practices such as opium-smoking parenthood. After what Miss Maki con- and gambling"; and (2) "The Chinese siders a correct analysis of human beings Nationalist Party has established branch and their needs, she elementary organizations in all the big cities in the education at home rather than in school; United States . . . [and] formed the . . . paying both mother and father to look Youth Association in which the Thre'e after their (two or, at most, three) chil- People's Principles are inculcated as pre- dren; more leadership from women. She paratory training leading to full member- suggests five departments of government: ship on reaching twenty-one years of age" primary education (under Mrs. Evangeline (pp. 2S8-9). In other words, according to vocational guidance (Mrs. Dr. Cheng, the Chinese in America will Eleanor recreation and social stop opium-smoking and gambling only activities (Dr. H. C. Link and his wife), after, and not before, the Chinese govern- agriculture (H. A. Wallace), and manufac- ment tells them to do and in order to turing (Henry Kaiser). "Good leaders better their position as citizens of the will make sure that everyone has a decent United States, they must be organized by home, and beautiful and useful things to the lately dominant political party of put into it. There will be security and China. One wonders why, in spite of the freedom, there will be nothing to fear. author's numerous references to anthropo- Desires will be satisfied to a reasonable logical works on the subject, his under- degree, in return for willingness to cooper- standing of acculturation remains so un- ate. A few generations of proper proced- usual. ures, security, successful marriages and FRANCIS L-K. Hsu proper education are most likely to pro- Northwestern University duce a superior race. Everyone might be beautiful and happy, strong and healthy, LILLIAN. The Constitution of Jus- and bright and talented. The world can be tice. Pp. New York: Exposition transformed into a pleasant place to live Press, 1949. $3.00. veritable of Jus- Miss Maki, Oregon tice will conquer dissatisfaction, and bring housewife, and mother, has read widely the salvation of happy and efficient living" in the literature of anthropology and cur- (p. 149). Persuasive have been rent problems, reacting with a freshness promising this New Caanan for a long uninhibited by such academic considera- time; Miss Maki does not analyze the tions as possible lifted eyebrows of skep- fallacies involved. tical colleagues. She feels strongly on the Throughout the book there is a strong 180 THE ANNALS OF THE AMERICAN ACADEMY plea for virginity and chastity; the har- pushed itself into the circle of interna- nessing of sex seems to her one of the tional hatreds and joined the common most essential demands of civilization. pack of wolves. . . . We are objects of There is neither index nor specific ref- fear to other lands . . (p. 126). erences. Of all the men treated in this volume, JESSIE BERNARD Fiske is perhaps the one who most justly Pennsylvania State College could be said to have presented an "or- reflection of American commer- PHILOSOPHY cialism." Dr. Wiener, in my opinion, tends to deny this, and not too success- WIENER, PHILIP P. Evolution and the fully, I think, to those who have read Founders of Pragmatism. Foreword by Fiske. John Dewey. Pp. xiv, 288. Cambridge, Although the book as a whole is excit- Mass.: Harvard University Press, 1949. ing, the chapters on Wright and Peirce appealed the most to perhaps because Dr. Wiener presents pragmatism as a of my lack of acquaintance with them. cultural movement, as an attempt to ex- Wiener expounds their positions, shows plore in different fields the implications of how they coincided with and differed from the theory of evolution. There are chap- the other "founders," and attempts an ters on Chauncey Wright, C. S. Peirce, evaluation of their present significance. William James, John Fiske, Nicholas St. As a result of the works of these men, John Green, and O. W. Holmes, Jr. "American liberalism came to philosophic The chapters on these men are preceded maturity." Wiener's concluding paragraph by two provocative chapters on "The seems reasonable enough: Background of Science and Natural The- "If American philosophy is to continue ology" and on "The Birthplace of Prag- to be a significant cultural force in matism: Peirce's Metaphysical Club." In the world, it will have to draw on its the first chapter, Wiener presents a survey pragmatic legacy. That legacy contains of scientific ideas of the mid-nineteenth the reasoned and humanitarian faith that century, with particular emphasis on the the future course of evolution has room development of the concept of chance in in it for the cooperative efforts of free in- the physical and social sciences. This sur- dividuals to enrich life with peaceful and vey is presented in order to "help us un- creative activities beyond the sheer strug- derstand the scientific success of Darwin's gle for existence and power." theory of chance variations and the mech- FRANK E. anism of natural selection" (p. 8). Each Wayne University i of the men listed above applied this theory to different aspects of philosophical STANLEY MATTHEW. The Phi- and scientific problems, with each one suc- losophy of Veblen. Pp. viii, ceeding in helping to effect far-reaching 134. New York: King's Crown Press, changes in the disciplines with which they Columbia University, were concerned. Wiener's discussion of Since friend and foe agree in classifying their contributions shows how superficial Thorstein Veblen as one of the greatest of the criticism is "that pragmatism was American writers in the social sciences, a an expression and organized reflection of book which in the compass of little more American commercialism" (p. xiii). If than a hundred pages examines the origins that criticism were true, William James and development of the main ingredients could hardly have said, in his address to the of his philosophy is valuable. New England Anti-Imperialist League: Daugert sees the germ of Veblen's in- "This country has once and for all regurgi- ductive method in "judgment," tated the Declaration of Independence and developed and influenced in his mind by the Farewell Address, and it won't swallow Noah Porter. Veblen's conception of so- again what it is so happy to ciety as an evolving phenomenon came have vomited up. . . . It has deliberately from Herbert Spencer. His psychology BOOK DEPARTMENT

assumed that men had regard for their EDWARD H. An Introduction to reputation and that reputation was to be Reasoning. Pp. 74. Chicago: of found in existing society through pecuniary University of Chicago Press, 1949. success: hence Veblen's "economic emula- $2.00. tion." Man's nature, to Veblen, was com- This highly concentrated and competent posed of two ingredients, an original ele- treatment is not at all an exercise in for- or- and mal logic as the title seems to suggest. It er- on a sense of group solidarity, and another is a careful, stimulating monograph con- • constituent developed through changes in cerned with the normative side of law. ss- the cultural environment. According to From the sociological perspective, it is a ad Daugert, the "instinct of workmanship" study in social the formula- by 1906 had been replaced by what he tion, modification, and selection of norms calls a "sense" of which and standards (rules of law). To •ce was affected strongly by and reasoning is a process of norm selection "idle curiosity" came to occupy the cen- thinking in a social not m. ter of the stage as a motive of behavior, a mystical entity; and this emphasis on ws this "idle curiosity" having come to Veblen process is what makes the work valuable >m from Loeb, Groos, and Spencer. Inquiry for a social scientist or for anyone calling an led to technology, a cultural factor of great himself such. "Legal reasoning," says ce. magnitude in the modern world. Prag- Levi, that kind of reasoning . . . matism Veblen regarded in a somewhat in which the classification changes as the restricted sense but he accepted a good classification is made." This has important deal of it. Evolution, adaptation, and implications when added to Sorokin's J cumulative causation Daugert sees through- analysis of law as a system of sociology, ue out as the fundamentals of Veblen's for here norms grow out of facts and fact in thought, as they were of Spencer's. Per- situations. "The existence of some facts its haps the main contribution of Daugert's in common brings into play the general ins study is this linking of Veblen to Spencer's rule." Thus "the basic pattern of legal sociological probably the reasoning is by example. It is reasoning )m that this from case to case. . . . The finding of simi- in- read Spencer before he came into contact larities or differences is the key step in nd with Veblen's writings helps to explain the legal process." Here too is the key to why he has been less impressed by the "certainty" in the certainty based American than have many of his con- on process rather than on absolutes (law temporaries. Veblen's economic analysis is not simply a command). "Certainty" is remains untouched, being outside relative and serves temporal purposes, for the scope of Daugert's inquiry. "in an important sense, rules are never To students who are willing to read clear, and, if a rule had to be clear be- iii, carefully and can understand what they ss, fore it could be imposed, society would be read, without popularizing expedients, this impossible [and] the categories used should be a stimulating introduction to in the legal process must be left ambiguous Veblen's books; and those already fa- in order to permit the infusion of new of miliar with Veblenian literature may find ideas." This keeps rules (norms) and a that it helps their understanding of it. situations (interaction types) in relation. The picture presented of Veblen shows This illustrates the derivative quality of that, like many other famous writers, he norms and of . "laws." This aspect of was less of an original thinker than many treatment is well documented to of his followers appear to believe and writings on logic and scientific method. that his main contributions were in syn- But "legal reasoning has a logic of its thesis and in the application of ideas sug- own." It deals with giving meaning to by gested to him by the works of others. ambiguity. Sixty-eight pages deal with 10- EDMUND specific examples of giving meaning to the Colorado Agricultural and ambiguity of rules in terms of three stages Mechanical College •' ' of legal reasoning: the creation of the 182 THE ANNALS OF THE AMERICAN ACADEMY norm built as cases are (2) the Europe. The second volume, which ap- more or less fixed quality of the legal con- peared earlier, covered the years from the cept or norm (as the process is elabo- Treaty of Utrecht to the accession of rated); (3) the breaking down of the con- Hitler in The twenty-two chapters cept (where the suggestive influence of of the present book carry through a com- special no longer plicated series of more or less interwoven needed or desired). Then these stages of stories with a minimum of duplication the process are shown as they operate and with commendable clarity. By skillful in case law, statutory interpretation, and choice of many little-known but typical constitutional construction. episodes, the author has managed to bring The treatise deals with the formulation out significant developments and reveal- and operation of norms in appellate courts ing clues to the character of the men or and with the judicial process from the women behind them. The Ottoman Em- position of a scholar skeptical concerning pire and the Mediterranean area are neatly rules. Thus, Jerome Frank, in Courts integrated into the larger framework, as on Trial (1949), has called Levi a "rule- are Scotland, the Low Countries, and the skeptic." Judge Frank, a self-designated Scandinavian North. In view of the "fact-skeptic," indicates that Levi's analy- paucity of materials available in English sis is only part of the judicial process for the region, one should not be too sur- (therefore only part of the social control prised at the omission of the international process). The reviewer regards Judge struggle for Livonia in the sixteenth cen- Frank's statement, "One who reads Levi tury; which engaged the attention of Swe- would think that the facts of a case ap- den, Russia, Denmark, Poland, and the pear in court ready-made, waiting only to Empire for a quarter of a century. be compared with those of some previous As a work of this nature may well reas a warning that we have been quire a new edition in the near a too ready to write about law as if it had few hints at possible revisions may be ap- to do only with upper court decisions, propriate. To state that "the foreign passing over the fact that facts are "found" policy of the Commonwealth was a fail- in trial courts. This merely suggests what ure" (p. 154) is to raise an arguable point. is needed to complete Levi's analysis. When so careful a student of the period For what it proposes to encompass, as Dr. W. A. Shaw adverts to the "high Levi's book is compelling and valuable and strong foreign and domestic policy" as a contribution to law and social science of Oliver Cromwell, and feels justified in the operation of the con- asserting in respect of Oliver's last months trol process in a particular context. Its of power that "abroad his arms had been meaning and message become more ex- successful and his influence decisive," a plicit when read with Frank's Courts on less categorical statement, or one assess- Trial and Edmond N. Cahn's The Sense ing varying views of his policy, might be in of order. When the author mentions the FREDERICK W. KILLIAN Treaty of Copenhagen of 1660, he states Yale University Law School that the Danish king "surrendered almost all the remaining Danish possessions on the Scandinavian peninsula" (p. 214). This appears quite to ignore the continuing FOREIGN COUNTRIES existence of the dual kingdom of Denmark- Norway after that date. In discussing the CHARLES. Earlier Diplomatic His- secret Treaty of Dover he says that tory 1492-1713. Pp. xii, New Charles "insisted that he should make the York: The Macmillan Co., 1949. public declaration of his conversion [to Sir Charles Petrie has performed a use- Roman Catholicism] before entering upon ful service in providing a brief, balanced, any war with the Dutch" (p. 186). This well-organized, and illuminating guide to seems misleading, in view of the evidence the diplomatic history of early modern tha Charles insisted throughout the ne- BOOK DEPARTMENT 183

gotiations on using his own discretion in tionalism as a policy for their own people he that matter. Sir Charles hits the nail rather than as a principle for all. Cas- of more nearly on the head when he appears to have been neutral. "The religious clauses seem to have been It was characteristic of his time, as of inserted by the English King solely for the ours, that he could subordinate national- en purpose of extracting money from the ism to considerations of power balance and on French treasury" (p. 188). appraising containment. Charles foreign policy (p. 189) and Metternich, this book shows, considered emphasizing the imminence of the Dutch nationalism (especially German, Polish, danger, should Charles's failure to appre- and Italian) as a threat to the internal co- ciate the danger to England of French ag- of Austria. Prussians were di- or gression in the Spanish Netherlands be vided between those who were more Ger- n- practically left out of the discussion? The man than Prussian and those who were first name of the fire-eating bishop of more Prussian than German. Mediatized as Minister (p. 166) was Christoph, not princes saw in German union a chance to le Christian. Charles XII did not sail recover some prestige. Talleyrand dis- le "straight to Copenhagen" (p. but mally discovered in German nationalism to Seeland. But these are only minor the menace of an united Germany on the r- blemishes in a useful and generally de- French flank. Alexander I flirted with pendable work. Nine well-chosen maps Polish nationalism. enhance the value of the book. The The author writes for readers who know e- Select Bibliography, composed of some their Vienna Congress. Her bibliography four titles for each chapter, is of uneven is impressive, although there are a few quality and could be improved by omis- puzzling omissions. The continued de- sion of out-of-date material and inclu- pendence on works produced within ten sion of recent and more authoritative years of the Congress should hearten con- works. temporary writers on recent conferences. WALDEMAR Her book has limitations. One gets the University of California impression that nationalism was chiefly a Los Angeles diplomatic concept instead of a great moral and spiritual ground swell. It is STRAUS, HANNAH ALICE. The Attitude indicative of the author's focus that a of the Congress of Vienna Toward Na- reader needs more grounding in diplomacy tionalism in Germany, Italy, and Poland. than in nationalism. If, in addition to Pp. 164. New York: Columbia Uni- diplomatic materials, something more versity Press, 1949. $2.75. folkish than the had been employed as sources, the study The researches of Miss Straus support would have gained in depth and feeling. the long-established view that German, Neither German, Italian, nor Polish na- Italian, and Polish nationalism fared tionalism receives treatment full enough badly at the Congress of Vienna largely to be satisfying. One wonders if it is se- because these movements had little popu- mantically desirable in a scholarly book lar support by the people themselves; and to use the name of a whole nation when that Vienna Congress leaders cannot be the name of a single diplomatic represen- accused of being unaware of national tative can be employed. The book does feelings even though some may have un- present a competent and useful statement duly discounted their long-term potentials. of the place of nationalism in the delibera- Her researches show how difficult it is to tions at Vienna, categorize the Congress as pro- or anti- GARLAND nationalism. Some members, of whom State Teachers College Metternich is representative, were hostile Flagstaff, Arizona ' to nationalism as a force threatening the status quo and engendering Jacobinism. The Opening oj Others such as Hardenberg favored na- an Era: 1848. xxviii, 444. 184 THE ANNALS OF THE AMERICAN ACADEMY

don: Allan Ltd., 1948; dis- limit himself to the history of his own , tributed in U. S. by The Macmillan Co., national revolution. It is obvious, moreover, that each contributor is very con- "The explanation of the Revolution of scious of the wider European revolution of 1848," said John Stuart Mill, "is, in short, which his narrative forms a part. The that it is entirely and this is order is logical: each essay, while complete intended, not as a confession of ignorance, in itself, leads next, and the smaller but as a sufficient theory." This conclu- countries are grouped around the great in sion by an eminent philosopher need not the manner of modern satellites. be taken too seriously. Mill had a good In a brilliant introduction the British conception of the historical chain reaction historian, A. J. P. Taylor, reviews briefly which began on the bloodied streets of the course of the revolution in the various Paris, even if he was too close to the European countries from to woods to see the trees. With more per- Austria, and shows how two great coun- spective today it is possible to see behind tries escaped the revolution altogether: the historical process of the nineteenth Russia, whose twentieth-century revolu- century into causes and courses and to tions (1905 and March and November judge the larger pattern. It is an undeni- 1917) "were in the true spirit of 1848," able fact, however, that too little attention and America, which was already demo- has been paid on this side of the Atlantic cratic. "To the present day," says Mr. to the Revolution of 1848 and its reper- Taylor, "the one Great Power offers Eu- cussions. rope repression, the other material wealth. The appearance of another European- Neither can offer the liberty of spirit wide revolution in 1848 indicated that the which was the true aim of 1848." The system of reaction had been editor of the symposium, FejtS, unable to consolidate itself in the face of contributes a fine opening chapter con- increasing discontent. Here was another cerning the eve of the revolution and a step on the ladder that began with concluding chapter which ties the work and 1830 in the struggle of the bourgeoisie together. Others are equally as good, to obtain and maintain political power, especially Halperin on Switzerland, Bour- constitutional liberty, and national unity. gin on France, Cantimori on Italy, J. P. At the same time it marked the prelimi- T. Bury on England, and Endres on Aus- nary efforts of the proletariat to secure stria. Germany's breach with the Euro- social and legal equality. Thus the Days pean tradition is illustrated nicely by the of June betrayed the illusion of social fact that a German historian was not harmony. Coupled with this was the ad- found to write the German chapter, which ditional fact that liberalism had been is capably handled by Professor Edmond found wanting as a force for unification, Vermeil. and gave way to nationalism as the most The Macmillan Company is to be con- dynamic political factor of the nineteenth gratulated for making this important vol- century. ume available to the American public. It This book, a historical symposium of would have been helpful had the American eighteen chapters by leading European publishers included in the book brief historians, is a magnificent contribution to "About the Contributors" notes, giving the task of throwing light on 1848 as a the main facts about the professional turning point in modern history. It takes careers of the historians, who are without the motives, causes, and separate kaleido- exception well known in their own coun- scopic occurrences of a fast-moving revo- tries, but not in the United States. lution in separate countries and welds Louis L. SNYDER them together in a unified whole "which The City College of New York sees Europe in 1948 with an eagle's eye and recaptures every side of the spirit of LAURENCE. The Design of 1848." It was an excellent idea in his- Democracy. Pp. 301. New York: Ox- torical scholarship to have each writer ford University Press, 1949. $4.00. BOOK DEPARTMENT 185 own this time of conflict between totali- racy. This suggests a sort of "mixed sys- ore- tarianism and freedom it is well to re- tem" of economics which rejects both con- examine the ideas upon which western unrestrained capitalism and an all-inclusive of democracy rests. The Design of Democ- socialism as dangerous to democracy. The The racy offers no blueprint for the reorgan- least that democracy can demand from an ization of government nor plan for the economic system is more equal opportu- introduction of pet reforms, but an anal- nity and a minimum standard of social t in ysis of the basic principles of democratic security for all. This can be attained if government and the context in which they governmental controls over credit and in- tish can operate most effectively. vestment, industry and agriculture, are in- The principles of democracy, according creased, not reduced. But government ious to the author, are those of equality, free- ownership of all the means of production to dom, and self-government. These prin- must be avoided lest economic and politi- ciples are interdependent. They supple- cal power be dangerously combined and ment but also limit each other, and de- multiple sources of power, the necessary mocracy, to work effectively, must keep guarantee of political freedom, be ber them in nice balance. Equality does not "Either a socialism modified to allow for mean uniformity or equality of ability and such or a capitalism modified to no- wealth, but rather a sincere respect for provide for such controls, would be com- the dignity of the individual. But this can patible with democracy in its other as- Eu- be realized only when there is a large area pects. Democracy has no Utopia, and 1th. in which there is freedom of choice, free- therefore it has no eternally right eco- irit dom of speech, religion, and assembly. nomic system to match it." Hence considerable scope for voluntary The final chapters of the book examine and private must be allowed. the possibility of applying the funda- :on- But complex societies require govern- mentals of democratic government in the a mental controls, and such controls must conduct of international affairs. Persua- ork be established by consent of the majority sive arguments are advanced in favor of od, freely expressed. Self-government makes attempting to do so even though the over- ur- possible the realization of the other basic whelming difficulties involved may strain P. principles of equality and freedom. the patience and faith of the most opti- In an interesting chapter on the political mistic. ro- process Miss Stapleton discusses Laski's This compact little book should be read the doubts as to whether parliamentary gov- widely. It is informative and thought- lot ernment can survive when the major provoking, and is based upon wide reading ich parties differ on fundamental as well as and serious thinking. >nd on minor matters. Her answer is in the ELMER D. GRAPER affirmative. It can survive as long as both University of Pittsburgh parties agree on the democratic method of solving problems even though the prob- BRINTON, CRANE. English Political Thought lems be as important as those involving in the Nineteenth Century. 2nd ed. :an "the ultimate constitution of property." Pp. vii, 312. Harvard Uni- England's recent experiments in national- versity Press, 1949. ing ization are cited as evidence of this view. This attractive summary of English The chapter on "The Economic Basis political philosophy in nineteen personal )Ut of Democracy" will probably cause the sketches is grouped into three sections. raising of a good many eyebrows for its The first centers around the struggle of thesis is that no particular kind of eco- 1832, and includes Bentham, Brougham, nomic system is necessary for democracy. Owen, Cobbett, and the second Too many people, the author thinks, around the Chartist period of social dis- equate capitalism with democracy. The content, as mirrored in the writings of J. of author's conclusion is that either a govern- S. Mill, Cobden, Kingsley, Disraeli, New- mentally regulated capitalism or a self- man, and Carlyle; the third covers the limited socialism is consistent with democ- later Victorian period, exemplified by 186 THE ANNALS OF THE AMERICAN ACADEMY

Bagehot, Acton, T. H. Green, Spencer, would reject this; and if it be answered Bradlaugh, Morris, Maine, and Kidd. Of that they are making a new religion to suit course, one can fall foul of any such selec- themselves, how shall we dispose of tion and ask why, for example, Carlyle Thomas Aquinas' doctrine that all exist- was preferred to Ruskin, Cobden to Bright, ence is "as such" good, or Jesus' own claim Brougham to Buckle or Macaulay. But not to free men from the burden of life, it is impossible to bring everyone into a as did Buddha, but to bring life "more book of such brief compass, and it is not abundantly"? likely that any other panel would be more PRESTON representative of divergent schools and Ann Arbor, Michigan trends and "isms." Professor Brinton holds the balance very fairly, and it would SIR JOHN. A Concise Eco- be impossible to construct his own social nomic History of Britain From the philosophy from his cool, crit- Earliest Times to 1750. Pp. xvi, 324. icisms and appraisals of each thinker, or Cambridge, England, and New York: even from his general summary of the age Cambridge University Press, 1949. in the Introduction and the Conclusion. $2.75. The chief charm of the book is its style. Sir John Clapham, drawing his students The author's own words about Bagehot closely about him, has lectured to them in apply "The day of the ama- a genial conversational manner. With teur whom he so much admired may be economy of effort and bare simplicity of ended; but surely that of the artist is not" language he reveals aspects of history (p. No one is less an amateur than which, though significant, often repel stu- Professor Brinton, and but few historians dents because of their drabness. Out of are so much the artist. There are verbal the storehouse of his knowledge he brings felicities to roll under the tongue on al- many treasures both new and old. He most every for instance, that New- lectured at Cambridge from 1908 to 1935 man "precisely because thinking could not on English economic history and out of disturb his security, felt all the freer to that experience this book has grown. Be- think" (p. 149); that Mill had a "mind ginning with the earliest times and run- of transparent honesty in a state of ex- ning to 1750, the work was cut short by treme tension . . . between the dogma- the author's death in 1946. Professor W. tism imposed on him by his environment H. B. Court has agreed to write a second and the skepticism natural to his temper- volume to bring the concise survey of eco- ament" (p. that "Carlyle was a nomic history down to the present. radical in the skin of a The central theme of the volume is how porcupine in the shell of tortoise. Natu- the people earned their living. The great rally the quills grew inward, and forced majority of them lived in rural villages him to cry out" (p. 177). and derived their subsistence from the soil. There are two generalizations appearing They went forth together from their com- at intervals of every few pages which munities into the open fields to cultivate appear to this admiring reviewer (bound the land. They cultivated long strips and by critical tradition to find fault with rotated the crops from cereals to grass in something) as a little too easily accepted. two or three fields according to the fer- One is that conservatism is the mark of a tility of the soil. The low yields were in human nature, and that liberal- only four or five times the amount of seed ism comes from an optimistic confidence sown as compared to twenty times in mod- in it. Surely this is true in most cases, but ern farming. Problems of land tenure, it would be possible to build either theory social status, and legal obligations to their on exactly the opposite premise. The landlords vexed and harassed most people other is that the Christian religion is natu- living on the land. rally "pessimistic" about this world (see, Many bits of information, appealing to for pp. 130, 147, The the curious student, are woven into the whole school of modernist theologians description of the daily life of the medi- BOOK DEPARTMENT 187

man. The horse rarely pulled the planning proposals." Glass has ac- suit plough although it bore many of the bur- cordingly presented it as a case study, of dens of war and travel during the thir- stripping out details of immediate interest teenth century. The ox stayed at the chiefly to the Corporation and inhabitants plough because it could be eaten when it of Middlesbrough, and expounding the life, was too old to work. The entire diet of method and the meaning of the findings medieval man was very thin compared for planning generally. with that of modern times. The main The elements of the survey that she has staples were cereals and meat, and meat chosen to present concern the pattern of in season. His vegetables in varying neighborhoods, health services, education amounts were cabbage, onions, leeks, let- services, and retail trade. ("Altogether tuce, beets, spinach, and parsley. Such 337 retailers were interviewed, all of whom the vegetables were generally scarce because were pleased to have the opportuniy of 324. he was a poor gardener. He husbanded expressing their An appendix on the orchards poorly, for he still gathered the geographical and economic background 949. his fruits and nuts from the half-wild is contributed by A. E. Smailes. "Four countryside. major sources were used: published sta- ents Not all men derived their living from tistics, unpublished administrative records, in the soil; many followed skilled trades in general field work, and specific field in- the towns. They organized gilds in the quiries." There are no startling applica- of form of mystery and fraternal societies to tions of advanced techniques of multiple ory afford social life and to regulate the vol- correlations, although there is acknowl- stu- ume and value of their products. Mer- edgment to "the Hollerith Department of of chants also organized societies to protect the Cooperative Wholesale Society in ngs themselves from highwaymen and pirates Manchester" for tabulating the retail trade He while transporting their goods to markets. enquiry. The British Institute of Public After 1500 there emerged in London Opinion lent a staff for the survey of adult of twelve great companies which dominated clubs. 3e- the politics as well as the economic life Part V, "Survey and Plan," summarizes un- of the city. These merchants were the pithily and cogently the contributions of by vanguard which transformed rural England the social survey to the planning process. W. into a commercial nation whose far-off Its technical purpose is to provide facts >nd trading posts became an empire during the upon which immediate planning decisions co- seventeenth century. In telling this story can be based. Thus, it appears that social with enthusiasm and directness Sir John boundaries are as significant for realign- ow Clapham has done the student of eco- ment and regrouping as physical boun- eat nomic history a yeoman's service. . daries. The survey will also "identify ges R. G. COWHERD neighborhoods from resistance to oil. Lehigh University change may be expected." Its theoretical purpose is to establish principles. For ate RUTH The Social Back- example, the generalization is offered that ground of a Plan: A Study of Middles- interdependence of neighborhoods should in brough. Pp. xiv, 268. London: Rout- be emphasized for urban planning. "So- er- ledge & Paul, Ltd., 1948. 42 s. cial distance" must be reduced as well as ere This admirable report appears in physical distance. Mixing expensive and •ed Mannheim's International Library of So- cheap houses is meaningful only if the ciology and Social Reconstruction. The residents will use the same local institu- re, survey was made by the Association for tions. The political function of the sur- eir Planning and Regional Reconstruction for vey is to involve the people in the plan- the replanning of Tees-side in ning process by interpreting their desires. The enactment of the Town and Country ("There are occasions when it is necessary to Planning Act of 1947 led the association to prove the obvious in order to obtain he to offer the material as a prototype of "a public If planning is, in Mrs. social survey . . . applied to practical phrase, "our common journey of 188 THE ANNALS OF THE ACADEMY

exploration and adventure," then we must Other unfortunate defects are the lack of not only prepare maps and tables, but, a common editor for the volumes (deny- "most of all, get to know our travelling ing them a much-needed coherence), the companions." omission of many of the Conference pa- The persuasiveness of the report is en- pers and discussions, the absence of an hanced by frank recognition of its short- index, the bilingual presentation, and some comings. If the association were doing very unhappy typographical errors. it again, "Survey and plan should not be In Education in Occupied Germany dif- considered as entirely separate stages. A fering answers are given to "the radical preliminary inquiry should lead to an out- question of how far it is possible for the line plan, which, in turn, would indicate mentality and the outlook of one nation specific problems and areas which require to be changed within a given number of further detailed investigation." An ad- years, by the deliberate efforts of one or mirable more other nations" (pp. 12-13). All the CHARLES S. ASCHER contributors, however, deplore the lack of Brooklyn College unity among the Allies in educational policies. M. Suchodolski, of the University HELEN VERMEIL, of Warsaw, for instance, states quite em- and BOGDAN Education phatically that this lack of agreement in Occupied Germany. Pp. 148. Paris: made Germany feel that she was a partner Librairie Marcel et Cie, 1949. in the political game rather than the subject of a program of re-education. VERMEIL, EDMOND, K. J. HAHN, and GAB- French actions in establishing Normal RIEL LE BRAS. Les en Schools for the training of teachers, in Pp. 118. Librairie Mar- extensively revising texts, and in sending cel et Cie, 1949. French students acquainted with Germany BIDWELL, PERCY Germany's as cultural ambassadors throughout the Contribution to European Economic German school system appear in a far more favorable light than the haphazard Life. Pp. 147. Paris: Librairie Marcel and half-hearted American approach to et Cie, 1949. $1.25. the same problems. Miss Liddell (Royal Louis F., and others. Institute of International Affairs) paints de Paris: Librairie Marcel a discouraging picture of German Youth et Cie, 1949. $1.25. Activities sponsored by the United States In Holland during 1947 and 1948 repre- Army. She indicts American confidence sentatives of private foundations devoted in the teaching of baseball as the exclusive to the study of international affairs met key to an understanding of democracy and for a Some Aspects of the feels that our shilly-shallying actually German Problem. Some of the papers contributed to the collapse of German presented there and a few of the subse- moral standards and the encouragement quent discussions have been made avail- of the careers of fourteen-year-old able in these four volumes distributed for (p. 127). the Council on Foreign Relations by the As might be expected, the papers in the Columbia University Press. education volume (and the others) lack The interval between the delivery and objectivity. To Polish eyes western edu- the publication of these essays seriously cational policies seem to be paltering po- diminishes their value, for the establish- litical though the Soviet ment of the two German governments and Union is mysteriously immune from the the International Authority for the Ruhr same criticism, and M. Vermeil rather im- has already foreclosed discussion on many modestly claims that doit of the problems considered. It is regret- a la de table, therefore, that the co-operating in- pour dans le (p. 65). stitutions were unable to arrange for the Nonetheless, it is quite clear that in 1948 immediate publication of the proceedings. Germany was not being served by a demo- BOOK DEPARTMENT 189 cratic educational system, nor was there to European Economic Life, dealing with any promise that the future held much Allied policy on economic reconstruction, hope for its emergence. examines Germany's potential contribution As in the educational field, Les to economic recovery in Europe and the en offers little reassurance that degree of control necessary to promote the German clergy, Protestant or Catholic, rather than handicap the recovery of Eu- was spiritually equipped to nurture de- rope generally. Nearly all the contribu- mocracy. M. Vermeil, discussing German tors endorse the view that substantial in- Protestantism historically, stresses the tra- creases in German manufactures and ex- ditional German love of state and ponders ports plus a willingness to accept German an apparently perpetual German search for goods in neighboring countries are required a "cohesion (p. 12). He found for a successful conclusion to the Eco- the Protestant clergy inclined to disavow nomic Recovery Program, which Profes- any personal responsibility for the rise of sor Hawtrey sees as bringing Western Ger- Nazism and to place the entire blame for many into "the circle of cooperation and Germany's recent problems on the Treaty unity to which Western Europe is begin- of Versailles and on secularism in general. ning to look forward" (p. 147). Dr. The churchmen were more concerned with chowski, of the University of Cracow, is internal church problems than with Ger- the sole dissenter. He attacks Germany's man ties to a wider religious community inclusion in the Marshall Plan, denying and were not leading parishioners to re- that more than a minimum of German re- nounce the extreme views of sovereignty construction is essential to Europe's eco- that have led Germany and the world nomic recovery. This minimum, he feels, down so many disastrous paths. It is should be (but has not been) subordinate sadly significant that among the Protestant and subsequent to the reconstruction of clergy Pastor emerges as the other European countries in accordance greatest champion of democracy. Despite with the provisions of the Potsdam agree- these drawbacks, M. Vermeil feels that ment. Europe must make a determined effort to With this cultural and industrial pic- break down the self-imposed cultural iso- ture in mind, M. Aubert's contributions lation of Germany and to integrate the in de Allemagne (variously church communities there into tomorrow's rendered "Control of and "Con- Europe. trol for Germany," depending on whether In the same volume, Professor Bras, you consult the front or back covers of who has devoted over twenty years to so- the book) note that the question emerging ciological studies of religion in France, from the companion volumes is whether offers similar tentative conclusions based Germany is to be revived or controlled. upon fragmentary studies of German In his opinion his colleagues have por- Catholicism. He finds that, like the Prot- trayed the virtual impossibility of an early estants, the Catholics in Germany are not emergence of a democratic Germany, and internationally minded. They are anti- therefore, he says, there is no justification Russian, but they don't really like any for the removal of controls advocated by non-Germans: neither traditional allies, the economists. He attacks those who occupying powers, nor neutrals. Despite would allow control of Germany to be ex- this, however, he feels that there are some ercised through cartels, pointing out the sparks of sentiment that flash beyond Ger- one-sided, insidious advantage to I. G. many's borders and can be fanned by ex- Farben of such arrangements in the past. change programs of both books and clerics. Controls like these could only supplement, These conclusions are shared by M. Hahn. not supplant more effective ones. Nor who in a discussion of the unfortunate im- does he feel that "control" exercised by pact of national socialism on the Catholic free-roving statesmen and journalists or clergy, shows how it was concurrently vic- by systems of alliances will prove any timized and tainted by the Hitler regime. more effective than they did in 1939. As The volume on Germany's Contribution he trenchently reminds the world, "Les 190 THE ANNALS OF THE ACADEMY

ate problems arising out of the war. The par concrete tasks of the present should be aggression par assist- tackled in full awareness of the need to ance la (p. 14). solve the long-range problem, which • has M. Aubert finds the requirements for been created by our wholesale deviation effective control of Germany similar to from the principles of Greek and Christian those for the atomic bomb: continuous civilization. These principles are briefly surveillance along the entire length of the but forcefully restated by the author, who chain. He and some of his colleagues concludes that "in politics there is no con- agreed that this could have been arranged trast between idealism and realism. ' Ideal- through control of strategic minerals ism and materialism, realism and utopi- needed for arms inspection anism do constitute political contrasts. teams with access to all production data Ideal and realism, however, belong to- and information on scientific development, gether and supplement each other. Both and the establishment of a "statistical cor- are indispensable for any policy which don" around the Ruhr. Such suggestions wants a truly lasting success" (p. 51). are now, of course, far less relevant than The American reader will be inclined to when they were first proposed. agree with Professor Meyer in these views, Within the compass of these four short and he might well pay serious attention works is the hideous paradox of Germany's to his suggestions concerning possible ways position in the world today. One may of settling our dispute with Russia over well wonder, if conditions in Germany in Germany. Professor Meyer feels that an 1948 were as reported, what wisdom deter- understanding with Russia can be reached mined subsequent Allied policy. Com- on the basis of an evacuation of Germany missioner speech at Stuttgart in by all occupying powers, to be followed early February indicates that even the by Germany's neutralization. German Department of State has begun to ponder neutrality is not to be guarded by a Ger- that question. These books, which gather man army nor by German troops as part together the views of scholars from many of the French or any other army. The different countries, will have value to many author finds himself in full agreement with students of Germany for whom their French Foreign Minister Robert Schuman, breadth of outlook will be sufficient re- who insists that Germany should not ward for their editorial deficiencies. not be rearmed but not become a member N. SWIFT of the North Atlantic Pact. He feels that New York University the only armed force to be left Germany herself ought to be a police force strong MEYER, ERNST Die enough to deal with internal unrest. The fur den best way to guarantee German security Pp. 104. Ver- against outside attack would be an armed lagsgesellschaft, DM 2.80. force under the authority of the United The author of the booklet under review Nations. That force should consist pri- is one of the few German diplomats who marily of soldiers from non-European resigned in criticism of Nazi policies. countries or European countries which are Subsequently he became a professor of not Germany's immediate neighbors, al- political science at Bucknell University, though a small number of Germans might where he spent the war years. He re- be admitted. Professor believes turned to Germany in 1946 and is now that the mere presence of such a force teaching political science at the universities could do much to prevent a clash between of Frankfurt and Marburg. Russia and the Western Powers. Since its Professor Meyer reminds us that the use would depend on the Security Council, present crisis has both long- and short- its employment as a pawn by one group range aspects. The former is part of the against the other would be unlikely. On general crisis of western civilization, this point the reviewer fears that there whereas the latter deals with the immedi- may be a contradiction, since the Security V BOOK DEPARTMENT 191

Council would be as unlikely to establish of autobiographies of fourteen outcasts in an armed force as it would be to use it. Hitler's Reich who managed to survive One of the reasons why Professor the Nazi terror and the hunts of Meyer objects to continued occupation of Gestapo. These stories were in part Germany is that no occupation has yet compiled by Eric while serving been able to promote democracy. Then, with the information section of military too, in this case occupation means divided government in Germany, and "have been occupation, and the division of Germany kept scrupulously close to the form and constitutes one of the greatest hazards to language of the informants." Only a few world peace. Professor Meyer is rather indicated proper names are fictitious, but critical of some of the practices of the "the supporting documentary evidence for occupying powers, but he never objects these accounts" is unfortunately not cited to Allied policies without emphasizing in an appended bibliography. The in- strongly that in view of the many crimes formants have also in many cases obvi- committed by Germans against their ously omitted important facts, thus leav- neighbors during the war their right to ing a number of historical questions un- complain is limited. answered. However, these stories are The brevity of this vigorously written valuable historical documents in their own little book should not cause us to overlook right. They tell of the sadistic terror and it. It pursues aims basically identical racial arrogance of the Nazis, and of the with those which inspired the Quaker pro- sublime courage of fourteen people who posals for peace. The concrete approach were driven by their resistance to Nazi however, much more realistic and, totalitarianism to become lawbreakers, therefore, more promising. If the booklet plotters, deserters, fugitives, and prisoners. could be translated, it would be very help- These autobiographies cover many ful in introducing the American public to phases of the political, military, religious, the thoughts which are entertained by a and moral opposition to the Nazi terror. not inconsiderable group of people within They reveal the sufferings and persecu- Germany whose ideals are the same as tions of German Jews in various walks of ours. Besides, there might result an im- life, the resistance of socialists and com- petus to study our relations with Russia munists, the fate of certain pacifists and in a fresh light. Whether the recommen- opponents of World War II, and the plot- dations of the author, if carried out. would ting of those who were members of under- lead to the desired result of an understand- ground movements. Frau ing with Russia, at any rate so far as the novelist and playwright, narrates key problem of Gremany is concerned, is her rescue by a young girl worker from a question on which this reviewer is in- deportation to The me- clined to be less optimistic thna the au- chanic Herbert Kosney, member of the thor. It would be to the advantage of Communist Party, writes of his imprison- American policy, however, to make it clear ment at Moabit and survival of the death to our friends that every reasonable sug- march, when Albrecht Haushofer and gestion is considered, and that our policy, many others were killed the night before rendered more realistic by Russian failure the Russians entered that district of Ber- to carry out previous agreements, remains lin. daughter of a flexible enough to take advantage of posi- Jewish architect, explains how the refusal tive possibilities if and when they emerge. of the Berlin criminal police to co-operate FERDINAND A. at all times with the Gestapo aided many University of Notre Dame outcasts to survive. The daughter of Dr. Wilhelm reveals the activities of a ERIC H. We Survived. Pp. xiii, circle which opposed National Socialism 308. New Haven: Yale University from "religious convictions and moral Press, 1949. grounds." Eugen Gerstenmaier, Protes- This remarkable book, dedicated to the tant clergyman and a leading participant countless dead, is an excellent collection in the conspiracy of July 20, 1944, tells 192 THE ANNALS or THE AMERICAN ACADEMY of his underground activities, subsequent doubt that "the State" (in contradistinc- arrest, and escape from liquidation. tion to the government) is capable of secur- ther Weisenborn gives an impressive and ing social prosperity if it resolves to re- convincing description of a very large and place the outworn principles of the past by active underground movement, the so- modern policies and devices. Under this called "Red Orchestra." new plan, the state should not shrink from brecht, a veteran of World War I and a assuming such broad economic responsi- superior person, portrays the tragedy bilities as the allocation of resources, the of his experiences in the face of Nazi bru- increase of national income, the mainte- tality. Finally, Rabbi an outstand- nance of full employment, the control of ing spiritual leader of German Judaism, investment, and redistribution of income writes of the deportations of the Jews to and wealth (pp. The state's obli- the death camps of Theresienstadt and gations are interpreted to include also a and the planned extermination public guarantee to every individual of an of German Jewry. income high enough to permit a "dignified" "Of the Jews in Germany," standard of living. Since, however, all Eric Boehm writes. "281,900 had emi- these governmental activities cost money, grated by July 31, 1940 as as two- the attainment of social prosperity is thirds of the 200,000 Austrian Jews. Only predicated on a revolution in the realm of a handful of the remainder are living to- public finance. From this point of view day." The survivors were few indeed, so the author selected the subtitle of his book the autobiographies of these Jews and "New Principles of Public Finance." This "Aryan" Germans opposed to Nazism term might be misunderstood by the should serve as a historical warning to American or English reader, but is correct posterity. Moreover, these accounts of il- because the French language does not have legal lives in Hitler's Reich throw new a full equivalent for our concept of "fiscal light on basic weaknesses in a totalitarian policy." Certainly the author is right also system, which the present generation of in emphasizing again and again that the Americans should find of distinct value. new principles "differ enormously from the RALPH LUTZ principles of the past." "The new orien- Stanford University tation of the state really signifies a revolution in the field of national finance" (p. et la 193). To most American economists, many of finances Pp. 198. those new principles will not appear so Librairie de Droit et de Juris- novel and revolutionary as the author sur- prudence, 1949. SOO fr. mises. For instance, policies designed to maintain full employment, the organiza- Enthusiastic writers often so simplify tion of public works, orientation through a problems that they captivate the reader "Budget of the Nation," the use of taxa- more than a thorough scientist could do. tion for purposes, the establish- The author of this book, a former professor ment of social security systems, and the of economics at the University of Athens, subsidizing of agriculture and certain in- is an enthusiastic believer in socializa- dustries to reduce the cost of living have tion, in economic planning, and in gov- long been in the foreground of economic ernmental control of economic life. Since discussions. Yet the heart of the author it is obvious to him that the free enter- belongs to socialism. Prosperity, he prise system of the nineteenth century has thinks, cannot be achieved without na- into monopoly capitalism and tionalization of all monopolistic large-scale that monopoly capitalism utterly failed enterprises (p. 175). The first sector of after World War I, he does not hesitate the new economy, therefore, would com- to endorse comprehensive plans for a new prise these nationalized industries. The political, social, and economic order. Ac- second sector would consist of medium- cording to him, there is not the slightest size enterprises and those large enterprises BOOK DEPARTMENT 193 that are not this sector would This volume is one of the series of "sig- be subject to governmental control of nificant Russian works in the fields of the prices, profit, output, and so forth. All humanities and social sciences" made avail- the remaining small enterprises which able in translation by the Russian Trans- need only a general "surveillance" by the lation Project of the American Council of government are lumped together in the Learned Societies. It is certainly an im- "free sector" of the economy (pp. portant contribution toward the project's 176-177). goal. The English translation prepared As these few examples indicate, the by L. M. Herman and edited by Ellsworth analysis would carry more weight of it L. Raymond is quite competent. The were less simplified. As far as public maps are very useful. It must be noted spending is concerned, the author is ex- that the translation has been made from tremely generous. He would like to re- the first Russian edition of Lyashchenko's verse the famous dictum of J. B. Say by work which appeared in 1939. The second stating that, under certain conditions, the Russian best fiscal plan is the one which involves came out, in two volumes, in 1948 and the largest expenditure (p. He ven- 1949. In view of the present-day inter- tures the opinion also that expenditures national tension the American reader is for the financing of government services apt to be suspicious of even the bona fide should not be as "costs" since products of Soviet scholarship just as his government services cannot be evaluated or her Russian counterpart might be sus- in terms of money (p. 61). Somewhat picious of the works of "bourgeois" science later he seems to forget this romantic im- in any case is expected by the Soviet pulse by reproducing a series of French authorities to be suspicious of them. In figures on net national product that include the reviewer's opinion, Calvin B. Hoover the net product of governmental services is right when he points out in his preface in terms of milions of francs (p. It that Lyashchenko's book is not a "Party hardly needs mentioning that deficit fi- tract" but a product of careful study, even nancing appears to him to be a sorrow of in spite of the fact that the names of yesterday. Debt worries do not deserve Marx, Engels, Lenin, and Stalin are in- any important place in modern fiscal the- voked by the author much too often for ory. Statements like the following: "Fi- the outsider's taste. nancial reasons can never justify a waste Lyashchenko's book is divided into two of resources and lives" (p. 163) will be parts of almost equal particularly appreciated by the many talist Structures" (down to the emancipa- Greek ministers of finance with a sinister tion of the serfs, 1861) and "Capitalism" record in public borrowing. (to As his part I covers the span The political bias of the author is too of over a thousand years and part II of obvious to need further example. Since only about half a century, the "precapi- his program for government action is tail- talist" age is dealt with in a rather sum- ored to fit the aspirations of authoritarian mary way. In his treatment of the Kie- states, he looks with admiration to Soviet van period (down to the Mongol invasion Russia, which, he believes, has rendered of the thirteenth century) Lyashchenko the greatest service to the new orientation, follows the accepted "line" of the Soviet and outranks all other countries in striving historiography according to which this was for political, social, and economic progress. a period of "the emergence of feudalism" FRITZ MANN and of an economy based on serfdom. In American University the reviewer's opinion such an interpretation is an attempt forcefully to marshal a PETER I. History of the number of data into a preconceived rigid National Economy of Russia to the scheme, entirely disregarding a much 1917 Revolution. Pp. xiii, 880. New greater number of facts pointing in the York: The Macmillan Co., 1949. opposite the existence of a de- $13.00. veloped money economy of nonfeudal type 194 THE ANNALS OF THE AMERICAN ACADEMY partly based on slavery (and not on serf- by statistical calculations which recognize dom). outline of Russian the limitations of the available data. economics of the Muscovite period, while After a relatively brief in which brief, is much more convincing than his he summarizes the results of the Soviet chapter on the Kievan economics. In the experiment as he sees them, Mr. Jasny de- reviewer's opinion, it is the story of eigh- scribes the status of Russian agriculture teenth and nineteenth century economics during the background years between 1861 which constitutes the main and most es- and 1928. He then comes to the heart of timable part of Lyashchenko's book. His his treatise in Part III, "Socialized Organ- outline of the growth of Russian industries ization and Control," and Part IV, "Social- (especially the metallurgical and the tex- ized Production: Plans and Results," in tile) is full of valuable information. As which the Soviet agricultural system is be Lyashchenko's analyzed in great detail and with a wealth own research studies dealt mostly with of statistical information. Part V dis- Russian agrarian chapters cusses the over-all production and income on agriculture are also rich in content. of Soviet agriculture, and is followed by Even if the the an appendix of notes and statistics. may not always accept the author's inter- It is Mr. Jasny's conclusion that the pretation of the facts, the facts are there value of gross agricultural production in for the reader to draw his own conclusions the Soviet Union (including both vege- from them if he so prefers. table and animal products) increased from GEORGE billion rubles of 1926-27 prices in Yale University 1928 to 17.4 billion rubles in 1940. This is a very modest increase, somewhat lower JASNV, The Socialized Agriculture than that claimed by Soviet statistics and of the USSR: Plans and Performance. greatly below the targets of the Five-Year Pp. 837. Stanford: Stanford Uni- Plans. The author's estimates regarding versity Press, 1949. income from agriculture, as distinct from For some twenty years the socialized gross production, indicate only an increase agriculture of the has served both in value from 9.2 billion rubles in 1928 to as the cornerstone of that country's 9.7 billion rubles in 1940. Morover, this planned economy and as a powerful relatively poor showing was accompanied weapon of propaganda in Eastern Europe by no significant increase in the per capita and Asia, yet the nature and results of production or consumption of agricultural this experiment are matters which still products. That in spite of this the Soviet arouse great controversy. To this study experiment in agriculture has not been a of Soviet agriculture, Mr. Jasny brings failure is indicated by Mr. Jasny's figures such a wealth of experience that his con- on marketings. He estimates that between clusions deserve careful consideration. He 1928 and 1938 there was about a fourfold served as an agricultural economist in Rus- increase in the amount of grain and po- sia both before and during World War I, tatoes made available to the nonagricul- and in the early years of the Bolshevik population, although less spectacular regime he was stationed in Germany as a results were obtained in other products. grain expert attached to the Soviet trade The achievement of socialized agriculture mission. For the last twenty years Mr. in the U.S.S.R. has thus been one of dis- Jasny has been an independent student of tribution rather than one of production. agrarian problems, associated more re- Socialization has enabled the government cently with the Food Research Institute at to force an unwilling peasantry to sur- Stanford University. With this back- render an increasingly large share of its ground the author is well qualified to ex- produce, under conditions in which both plore the labyrinth of Soviet statistcs in the agrarian and the urban proletariat is search of a more accurate picture of so- kept at little above subsistence level. cialized agriculture than has hitherto been C. E. BLACK available, and his conclusions are backed University • BOOK 195

JULIAN. Heredity East and pounded even more forcefully by Lysenko West. and World Science. backed by the government. The official Pp. x, 246. New York: Henry Schu- declaration was soon followed by the dis- man, Inc., Publishers, 1949. $3.00. heartening spectacle of subservient scien- Julian Huxley, world's foremost biolo- tists in the country who hastened publicly gist and recently Director-General of the to adhere to the dictum of the Party; a UNESCO, needs no introduction to the minority of the opponents, after a feeble reader. His pronouncement concerning resistance, sulkily recanted and admitted the cold war in science is therefore of ut- their "errors"; a third group, which re- most importance. Compared with the cur- fused to bargain away convictions, pre- rent compilatory study made by Professor ferred to accept the fate of martyrdom Conway Zirkle (Death of a Science in rather than march to Canossa, as in the the present work by Mr. Huxley case of N. I. Vavilov. is a far more lucid account of the genetics From all the accounts it becomes in- controversy and of genetics as a creasingly clear that Lysenko is more than and offers a much more adequate inter- an individual; he is the barometer that pretation of the man who became the points to an unhealthy environment and storm center of the raging debate, an air of cultural isolation. Such an en- Lysenko. According to Huxley, Lysenko vironment portends an unhappy future for is neither an embittered quack, as Pro- both and politics. The net result fessor H. J. Muller seems to believe, nor is a vacuous science serving tyranny. a power-thirsty Communist seeking glory, What is at stake therefore is, as Huxley as others have presented him. Huxley pointedly summarizes, "the right of the gives us a far more prosaic picture of this state to reject scientifically ascertained man: Lysenko is an honest though essen- facts and to brand whole branches of sci- tially an uneducated geneticist who follows ence as false or not permissible." To this more the party line than western scientific may be added the danger of training under advancement. duress a younger generation in the prin- Whoever Lysenko may be, the most sor- ciple that it must first assume unquestion- rowful aspect of the entire issue at stake able ideological dogma before proceeding is not a question of personality but of gen- with scientific research. The obvious end eral circumstances. The tragic fate of of such a method is an unavoidable twen- Soviet biologists has deeper implications tieth-century medievalism. and is bound to revenge itself. Suppres- Mr. Huxley is not pessimistic but sion of scientific freedom and absence of bravely believes that the great genetics the tolerance that assures a reasonably debate will carry with it constructive les- free pursuit of scientific truth can not and sons. It will mean, he says, "that the will not pass with impunity: it is bound scientific movement will for the first time to produce a twentieth-century alchemy have become fully conscious of itself and rather than a true science; it will retard of its social function, and it will also mean scientific achievement for years to come. that the western world will have a better The deplorable aspect of the entire de- appreciation of the nature and methods of bate is carried by Huxley to a far broader science, of its functions as a new tool in intolerable situation where a humanity's hands." Let us hope so; for purely scientific theory is being determined in such hope only will this generation find by a political body, the Central Committee courage to pass through this critical era of the Communist Party. It was on Au- triumphantly. G. gust 1, 1948, that this Committee decreed Stanford University in favor of theory, which repudiates the Mendel-Morgan genetics SERGIO. de la sociedad widely accepted in the west. This in fact colonial. Ensayo de marked a reversal to the now obsolete the- de America Pp. 300. Buenos ory of Lamarck revived by the Soviet Aires: Liberia "El Editorial, scientist Michurin and presently ' pro- 1949. No price given. 196 THE ANNALS OF THE AMERICAN ACADEMY

This is a "tentative," synthetic study of high school American history and for stu- the comparative history of the European dents of the history of the Americas who colonies in America, and it was presented have accepted the views of Bolton and originally by the author, an Argentine his followers. economist and sociologist, in lectures at A. the University of Illinois and at Middle- George Washington University bury College. The work is concerned with the colonial systems developed especially ALTAMIRA, A History of Spain. by Spain and Portugal in the Indies and Translated by Muna Lee. Pp. xxx, 748. with the British, Dutch, and French col- New York: D. Van Nostrand Co., 1949. onial institutions in America. Specifically the author deals first with the economy of This book is to a considerable extent the pre-Columbian American Indians, sec- an outgrowth of the author's four-volume ond with the medieval economy and the work in Spanish: History of Spain and of economic bases of the absolute monarchies Spanish Civilization The established in Iberia, third with the forma- latter such a fine reputation that tive elements of European colonial econ- Professor Charles E. Chapman of the Uni- omy, fourth with feudal vs. capitalistic versity of California in 1918 published a colonial economy and its social and politi- well-known work of his own, A History cal implications, fifth with the evolution of Spain, in one which, as his of European colonial economy, and sixth title-page admitted, was "founded on" the with comparative European colonial pro- larger study by Altamira. It was similar duction, distribution, and labor and some to the abridgement the Spanish author of the social consequences. had intended to prepare. He finally In discussing these topics the author achieved this task and published his Man- cites many examples of similar institutions ual of Spanish History (1933), after hav- in various parts of the world. He believes ing produced also a charming work en- that the similarities between the European titled A History of Spanish Civilization, colonies in America are more numerous which in 1930 appeared in an English than the differences. This is the major translation. In 1946 the second edition of premise with which he begins and the con- the Manual appeared, and three years clusion with which he ends his study. Not later the present translation was published. everyone will see the picture as the author Rafael Altamira and the publishers of sees it, but undoubtedly everyone will find this translation are to be congratulated on the book stimulating and thought-provok- this handsome volume. Not only do the ing. Certainly the volume should be read 92 photographs and the 14 maps enhance as background in connection with recent its value, but in addition there is an ex- studies of contemporary economic prob- cellent bibliography, a comprehensive list lems in Latin America by Wythe, Rippy, of dates in Spanish history, a helpful chart Hughlett, Harris, and Hickman, and of parallel events in the history of Spanish Horn and Bice. It should also prove help- civilization and that of other countries, ful to read the book along with certain and an exceptionally fine index. There studies of two and three decades ago are, however, no footnotes. As the name which dealt in a somewhat stereotyped Manual implies, the Book is really a text- fashion with the colonial period. The book. Political events are skillfully inter- book concludes with a list of the rulers of woven with discussions of economic and Spain, Portugal, and Great Britain, a social developments, while cultural achieve- glossary, a detailed and helpful bibliogra- ments receive adequate attention. phy which shows a wide familiarity with The book comprises fourteen chapters, leading monographs, and a good index. the first of which covers prehistoric times, The reviewer would venture to suggest introduced by a simple treatment of the that parts, if not all, of this study might geography of Spain. The title of the well be printed in English for the benefit second chapter, "The Period of Eastern of teachers who endeavor to cope with Colonization," is somewhat confusing, for BOOK DEPARTMENT 197 the reader might wonder if the Spanish present, is the ambitious purpose of these were perhaps founding colonies in the volumes. eastern half of the Mediterranean world. The work, by Dr. Louis Finkel- Occasionally the American reader meets stein, president of the Jewish Theological with other peculiarities, such as the section Seminary of America, consists of essays heading on p. "Canonical Law and on different aspects of Jewish history, ex- Roman law." It is customary to speak perience, and thought. Thirty-eight spe- of Canon Law, not Canonical Law. cialists, men and women, Jews and Chris- One of the most interesting parts of tians, participated in this project as con- the book is that dealing with the re- tributors and members of the planning markable outburst of learning and art committee. The preparation of these that began at the close of the Middle volumes was made possible by funds Ages and continued for some two hundred granted by the American Jewish Commit- years. Altamira's admirable treatment of tee and their publication by the Gitelson this wonderful phenomenon contrasts fa- Fund. vorably with that of recent writers of The total work is divided into four large American textbooks who argue that during parts of unequal length. The first part the fourteenth and fifteenth centuries traces the history of the Jews from Bibli- Europe as a whole underwent a process cal times down to the American Jewish of decadence. A careful study of Italy community of the present; it is named and the Low Countries in the same period "The History of Judaism the Jews." will strengthen Altamira's account. In the second part, "The Role of Judaism ALBERT HYMA in Civilization," the influences of Jewish University of Michigan thought and achievement on the civiliza- tions of other peoples are traced and con- Louis The Jews: sidered. The third part deals with "The • Their Culture, and Religion. Sociology and Demography of the Jews." Two Pp. xxxiii, 1431. New York: Unfortunately, this part is the shortest Harper & Brothers, $12.00 per section although it would normally be of set. greatest interest to the specialist and gen- Because Saint Jerome, in translating eral student because it discusses such vital the Bible from Hebrew into Latin, mis- matters Who are the Sources took Hebrew word meaning of Jewish Statistics; Jewish Migrations, "beams" for "horns," and because the The Economic Structure of great Michelangelo, later reading in the Modern Jewry; and The Jewish Com- Vulgate translation that Moses as he de- munity. The fourth and final part, by the scended from the heights of Mt. Sinai had editor himself, is concerned with "The horns of light upon his head, created his Jewish Religion: Its Beliefs and Practices." magnificent statue of Moses with horns As is to be expected in a work of such growing out of the Lawgiver's forehead, large proportions, there is occasional over- Jews throughout the ages have been visual- lapping of information; the essays are of ized in the image that the artist wrought varying quality both in information and in because of the mistranslation of the early stylistic expression; and, while some are Church Father. extremely superficial in their grasp of their This incident might well serve as a subjects, others are genuinely worthwhile parable of the world's ignorance of the and valuable. Jews, their way of life, beliefs, customs, In the appendix the editor explains that and civilization. Undoubtedly in this ig- he sent a questionnaire to scholars and norance anti-Semitism easily takes root educators throughout the United States and grows into wild weeds of hatred, dis- in 1946-1947 and asked: "What questions crimination, and persecution. To dispel should be answered in the book on this ignorance and to provide factual in- Judaism and the Jews?" The 209 reformation about the Jews and their cul- plies emphasized 29 questions that were ture, from earliest times down to the most frequently raised. The material 198 THE ANNALS OF THE AMERICAN ACADEMY

in these volumes seeks to answer the All too often sociological research of the questions uppermost in the minds of peo- type illustrated in this study is conducted ple about the Jews and their beliefs. by persons who have not been a vital part A sampling of the questions will help to of the community under investigation. As make clear the nature of the contents of a result, such reports may be statistically the What is a Jew? What is reliable and even include some anecdotal the Jewish creed? What is the Jewish material, but frequently lack the fine per- attitude to marriage with members of sonal touch and deep human understand- other faiths? Does Judaism seek or ac- ing shown by the author of the book. cept converts? What is the concept of Jews in Transition is the product of six- the Chosen People? What is the attitude teen years of day-to-day living with the of Judaism towards Jesus? What are the people about whom he Jews ceremonials and rituals of Judaism? What of Minneapolis, Minnesota. But it is is authority in Judaism? more than that; it is also the result of Then there are such questions What painstaking assembling of facts from pri- is the present extent of Synagogue affilia- mary sources: controlled interviews and tion? What is the proportion of Jews in informal the programs of agriculture as compared with urban pur- activities of Jewish and other organiza- suits? How many Jews are there in the tions ; the Jewish press and the daily news- world? in the U.S.A.? in the U.S.S.R.? papers of the records of the What was the Jewish participation in the district court to secure data on marriages, wars fought by the U.S.A.? What is the divorces, and changes of name; and the relation of the Jews throughout the world official directories. The data are woven to Palestine and the State of Israel? into a graphic and interesting description A mere reading of these questions in- of the total social milieu. dicates how varied and complex is the Part I gives the historical and current body of information gathered here to an- setting in which the separate Jewish com- swer them. One is rather surprised, how- munities, representing the nationalistic cul- ever, to find that such great Jewish com- tures of their countries of have been munities of the recent past as those of woven into a larger group consciousness Russia and Poland have not received ade- embracing the entire area. One factor quate treatment, and that the Palestinian which has been perhaps both cause and community which has grown into the State effect of this group awareness is the strong of Israel has likewise been omitted. The anti-Semitism found in Minneapolis. The editor states that a future edition of author cites discrimination in such fields as The Jews will endeavor to remedy these housing, fraternal organizations, invita- omissions. tions to participate in community-wide Despite occasional activities, and employment; but he also in so ambitious a despite ques- finds a number of hopeful signs, including tionable emphases of material and inter- the enactment of 1947 of a fair employ- pretation, Dr. Finkelstein and his co- ment ordinance and the creation of a workers have created a body of useful in- Mayor's Council on Human Relations. formation that should to dispel many The attitude of young people has a spe- of the and much of cial significance in the potential lessening the ignorance so prevalent about the Jews, of anti-Semitism. Of Jewish students their history, their culture, and their enrolled at the University of Minnesota in religion. May 1942, 91.9 per cent stated that they MORTIMER J. COHEN did not wish to break the ties that bound Philadelphia, Pa. .. them to the Jewish people or to conceal their Jewish background; 96.3 per cent GORDON, ALBERT J. Jews in Transition. felt that they would not be better off if Pp. 331. University they associated exclusively with and of Minnesota Press, 1949. $4.00. 98.2 per cent did not feel they should re- BOOK DEPARTMENT 199

frain from participation in organizations OSCAR BENJAMIN. d because of possible manifestations of anti- The Jew and the Man. Pp. 190. •t Jewish prejudice. New York: Storm Publishers, 1949. .s Part II describes specific changes that have taken place among the Jewish people This little volume is not a conventional of Minneapolis in regard to: beliefs and biography but an attempt to present, by practices; dietary laws; feast and fast dramatizing some outstanding episodes in days; ceremonials associated with circum- his life, an intimate portrait of the father cision, naming the child, puberty, court- of modern Zionism. ship and marriage, death burial; the Against a background depicting the so- synagogue; the educational process; and cial and political conditions prevailing in the family. In each instance, while some Europe in the closing years of the past portion of the Jewish life and ceremonial period in which Herzl com- has been retained, the social pressure for menced his Zionist Frankl conformity has markedly declined. These presents, in quick successon, scenes show- changes are personalized in Part III, in ing the Zionist leader at the decisive which the author portrays the life cycle moments of his career as a champion of of four families through three generations. Jewish nationalism. The opening scene The author's concluding paragraph is an takes place in the time is and excellent summary of his analysis of the the big issue of the day is the Dreyfus centripetal and centrifugal forces con- affair. Herzl is here as the correspondent stantly playing upon the Jewish people: of the distinguished Viennese newspaper "Though the Jews of Minneapolis seem Die jreie Presse. The spectacle of to be departing from the minutiae of tra- a man being persecuted because of his ditional observance, there still remains a Jewishness in what is considered the most regard for ritual per se. Whatever ritual civilized country in the world leaves a practices will be observed in the future, profound impression on this almost com- it is clear that the choice will be made on pletely assimilated Jew and sets him to the basis of whether or not these practices thinking about the Jewish problem. He will help the Jews to survive as a people gradually arrives at the conclusion that rather than on the basis of divinely or- the only solution to the age-old problem of dained Law. Peril besets such a course, to the Jews is an independent Jewish home- be sure. But there remains at present no land in Palestine. He formulates his other way for the Jew to follow. His ideas in a pamphlet, The Jewish State, and desire to accommodate his religious and proceeds to plan for their realization, de- cultural life to the culture of the majority spite ridicule from all sides and despite while avoiding complete the widespread view that his plan is utterly is, loss of make his task dif- fantastic and the product of a dreamer ficult indeed. But the goal is worthy of and even of a sick brain. his effort." The heroic but pathetic efforts of this This study has a rightful place of leader- modern Moses are portrayed in a series ship in the growing body of research data of moving scenes: Herzl at the Zionist on minority groups. It is hoped that its Congresses arousing his followers to ac- techniques and its interpretations will be Herzl knocking at the doors of Jew- applied to other groups in the same and ish millionaires, such as Baron de Hirsch other communities. Only through such and Lord Rothschild, pleading for financial studies can the social processes be ap- help; Herzl interviewing such personages praised through which diversity and unity as Emperor William of Germany, Sultan can reinforce each other. To achieve this of Turkey, King Victor dual concept in terms of day-to-day living Emmanuel of Italy, Pope Pius X, the is a challenge to all Americans. powerful Russian minister and the FRANCIS J. BROWN English Colonial Secretary Joseph Cham- American Council on Education berlain, seeking to persuade them of the 200 THE ANNALS or THE AMERICAN ACADEMY

justness of the Zionist cause; meet- RAYMOND, and ROBERT K. TURNER ing with such sympathizers and fellow Documents on American Foreign workers as Thomas Masaryk, Israel Zang- Relations. Vol. X, January 31, Weizmann, and Stephen 1948. Pp. xxvi, 705. Princeton: Princeton University Press (for the World Peace Herzl in the capital of Eastern orthodox Foundation), 1950. $6.00. Jewry, where he, the Western, non- DE RAYMOND. on Foreign religious Jew, is hailed by the rabbis and Exchange. Pp. xiv, 348. Cambridge, the Jewish masses as the incarnation of Harvard University Press, 1949. $6.00. their event which he con- GEORGE and DOUGLAS R. FULLER. sidered one of his greatest triumphs. A Investments. ed. Pp. viii, 611. New glimpse is also afforded into the rather York: John & Sons, 1950. $5.00. tragic family life of the Zionist leader, DUVALL, EVELYN MILLIS. Family Living. who died in 1904 at the age of forty-four. Pp. xxi, 409. New York: The Macmillan Co., 1950. $2.60. Although Dr. onetime close EARLE, EDWARD MEAD Nationalism associate of admittedly subjec- and Internationalism. Essays Inscribed to tive and writes about his subject with the J. H. Hayes. Pp. xvii, 510. New reverence of a worshipper, his sketches York: Columbia University Press, 1950. combine into a picture offering the reader $5.75. a deep insight into the amazing personality JAMES ARTHUR. Business Cycles and efforts of the man who was primarily (Their Nature, Cause, and Control). 2nd responsible for initiating the movement ed. Pp. xiii, 527. New York: Prentice- Hall, 1950. $6.00. which ultimately resulted in that miracle FARRAND, MAX. The Significance of Sections of modern times, the rise of the Israeli in American History. 2nd ed. Pp. ix, 347. nation. New York: Peter Smith, 1950. $4.25. SAMUEL KOENIG GRAVES, W. Public Administration Brooklyn College in a Democratic Society. Pp. xvi, 759. Boston: D. C. Heath and Co., 1950. • • -• . G. All and Everything. Pp. ix, BOOKS RECEIVED 1238. New York: Harcourt, Brace and Co., 1950. $5.00. AMERICAN HISTORICAL ASSOCIATION, THE. GEORGES Industrialisation Records of the Court of Chancery of South et Pp. xiii, 214. Paris: Carolina 1671-1779. Edited by Anne King Librairie Armand 1949. 400 fr. with an introduction by J. Nelson HELLER, FRANCIS HOWARD. Virginia's State Frierson. Vol. 6 of American Legal Rec- Government During the Second World War. ords. Pp. 676. Washington, $10.00. Pp. xvii, 203. Richmond: Virginia State ANDERSON, WILLIAM, and EDWARD W. Library, 1949. $2.00. American City Government. Rev. ed. HILL, NORMAN. International Relations (Docu- Pp. xiii, New York: Henry and ments and Readings). Pp. xvi, 536. New Co., 1950. York: Oxford University Press, 1950. $4.50. BALTZLY, ALEXANDER, and A. WILLIAM HOWARD, JANE MARY. Some Economic As- MONE Readings in Twentieth- pects of the St. Lawrence Project. Pp. x, Century European History. Pp. xxv, 610. 172. Washington: The Catholic University New York: 1950. of America Press, 1949. No price. INDUSTRIAL RELATIONS RESEARCH ASSOCIA- BOWLE, JOHN. The Unity of European His- TION. Proceedings of the First Annual tory. Pp. 383. New York: Oxford Uni- Meeting, Cleveland, Ohio, December versity Press, 1949. $4.00. 1948. Edited by Milton Derber. Pp. ix, CASSELMAN, PAUL HUBERT. Labor Dictionary 255. Champaign, 1949. $5.00 annual (A Concise Encyclopaedia of Labor In- subscription to publications. formation). Pp. xi, 554. New York: INTERNATIONAL LABOR ORGANIZATION. Iron Philosophical Library, 1949. $7.50. and Steel Committee, Third Session, Ge- CHAMBERS, FRANK P., CHRISTINA PHELPS neva, 1949. Report I: General Report. HARRIS, and CHARLES C. BAYLEY. This Report II: Guaranteed Wages in the Iron Age of Rev. Ed. Pp. 932, and Steel Industry. Report Techno- New York: Harcourt, Brace and logical Improvements in the and Co., 1950. $6.50. Steel Industry and Their Effects on Em- BOOK DEPARTMENT 201

I: pp. iv, II: pp. 49; III: Conference of Social Work, Cleveland, Ohio, pp. iv, 169. Geneva and Washington, 1949. June 12-17, 1949. Pp. ix, 392. New York: $2.50 per set of 3 reports. Columbia University Press, 1950. $4.75. INTERNATIONAL LABOR ORGANIZATION. Metal NATIONAL INDUSTRIAL CONFERENCE BOARD. Trades Committee, Third Session, Geneva, The Economic Almanac for 1950. Pp. xii, 1949. Report I: General Report. Re- 663. New York, 1950. $5.00 cloth; $4.00 port II: Vocational Training and Promo- paper. tion in the Metal Trades. Report III: NEF, JOHN U. La Route la Guerre Totale. Systems of Wage Calculation in the Metal Pp. 161. Paris: Librarie Armand I: pp. ix, II: iv, 164; III: 1949. No price. vi, 138. Geneva and Washington, 1949. H. F. M. Friar Felix at Large. A per set of 3 reports. Fifteenth-century Pilgrimage to the Holy WILLIAM ALEXANDER. The Austrian Land. 254. New Haven: Yale Uni- Electoral Reform of 1907. Pp. 227. New versity Press, 1950. $3.75. York: Columbia University Press, 1950. RIDER, FREMOND. Compact Book Storage. Pp. 90. New York: The Press, JOHNSON, CLAUDIUS O. State and Local Gov- 1949. $2.60. ernment. Pp. ix, 289. New Thomas ROBERTS, CHALMERS M. Washington, Past Y. Crowell Co., 1950. $2.50. and Present. A Pictorial History of the KEMMEREE, EDWIN WALTER, and DONALD L. Nation's Capital. Pp. 218. Washington: The ABC the Federal Re- •Public Affairs Press, 1950. $4.50. serve System. 12th ed. Pp. xi, 229. New ROYAL INSTITUTE OF INTERNATIONAL AFFAIRS. York: Harper & Brothers, 1950. $3.00. Documents on European Recovery and De- Das fence March 1949. Pp. 150. gegen (The Law of London and New York: 1949. $2.50. Freedom as Remedy for War and Poverty). SHANNON, JASPER B. The Study of 2 Vol. I: pp. xix, 614; Vol. II: pp. Comparative Government. Pp. viii, 338. 663. Zurich: Europa Verlag, 1950. 25 fr. New York: Appleton-Century-Crofts, 1949. each vol. $4.00. LANCASTER, LANE W., and A. C. SMITH, EDWARD CONRAD, and ARNOLD JOHN Readings in American State Gov- ZURCHER New Dictionary of Amer- ernment. Pp. ix, 347. • New York: Rein- ican Politics. Rev. ed. Pp. viii, 437. New hart & Co., 1950. $1.50. LORD, RUSSELL & KATE. Foreover the Land. York: Barnes & Noble, 1949. $3.25 cloth. Pp. x, 394. New York: Harper & Brothers, THEIMER, WALTER. An Encyclopedia of $5.00. Modern World Politics. Pp. 696. New MACDONALD, AUSTIN F. American State York: Rinehart & Company, 1950. $4.00 Government and Administration. 4th ed. text; $5.00 trade. Pp. xiii, 722. New York: Thomas Y. UNITED NATIONS. Statistical Yearbook 1948. Crowell Co., 1950. $4.00. Pp. 482. Lake Success: Columbia Uni- WALTER H. Political Hand- versity Press, 1949. $6.00. book of the World. Parliaments, Parties UNITED NATIONS, COMMISSION ON HUMAN and Press as of January 1, 1950. Pp. 3,224. RIGHTS. The Main Types and Causes of New York: Harper & for Council Discrimination (Memorandum submitted by on Foreign Relations, Inc., 1950. $3.50. the Pp. iv, 88. Lake MANNING, THOMAS G., DAVID M. POTTER. Success, N. Columbia University Press, and WALLACE E. DAVIES. Government and Distributor, 1949. 50 cts. A- the American Economy Pp. UNITED NATIONS. Conciliation Commission xvi, 464. New York: Henry Holt and Co., for Palestine. Final Report of the United 0, Nations Economic Survey Mission for the x, CLEMENT S. Current Social Middle Part I. The Final Report Problems. Pp. xiii, 452. Milwaukee: Bruce and Appendices. Part II. The Technical Publishing Co., $3.50. Supplement. Part I: pp. viii, Part II: MOUNT HOLYOKE INSTITUTE ON THE UNITED vi, 74. Lake Success: Columbia NATIONS. How Can We the People Achieve Press, Distributor, 1949. Part I: $1.00. a Just Peace? Pp. x, 254. South Part II: 80 cts. Mass., 1949. $2.00. UNITED NATIONS. International Court of NATIONAL CONFERENCE OF SOCIAL WORK. So- Justice. The Corfu Channel Case, Vol. I. cial Work in the Current Scene. Selected Pp. 406. The Hague: Distributed in U. S. Papers, 76th Annual Meeting, National by Columbia University Press, 1949. 202 THE ANNALS OF THE ACADEMY

U. S. DEPARTMENT or STATE. International bridge, Harvard University Press, Organizations in which the States 1949. Participates 1949. Pp. viii, Washing- Worlds in Colli- ton: U. S. Government Printing sion. Pp. 401. New York: Dept. of State Publication 3655, 1950. $4.50. 65 cts. WALLAS, GKAHAM. Human Nature in Politics. U. S. OF CONGRESS. The Hispanic 5th ed. Pp. xxii, 301. London: Constable Foundation. Handbook of Latin American & Co.; The Macmillan Co., U. S. Distribu- No. 12. Pp. x, 364. Cam- tors, 1950. $2.00.

•

. •' ' :t cs.

INDEX

W., AND ETHEL G. AGINSKY, Clinard, Marshall B., cited, 11 The A Profile of Gambling Among Coates, Robert M., cited, 10 Indians, 108-113 Communications and gambling, 26-27, 47 AGINSKY, ETHEL see AGINSKY, Costello, Frank, 115 jt. author Counterfeiting and gambling, 22 BERTIL, Betting on Football Crime and gambling Matches in Sweden, 144-149 criminals at race tracks, 28 Andrews, E. S. (pseudonym, S. W. Erdnase), organized crime, 13, 14, 21, 22, 31, 35, 81, cited, 83 136 Annenberg, Moses, 47-48, organization of gamblers, 116-117 ARGOT OF THE DICE GAMBLER, THE, David W. place of the gambler in the underworld, Maurer, 114-133 115-116 Argots, genesis of, 118-119 Oliver, 56 Ashton, John, cited, 16 Culbertson, 91 Culver, Francis Barnum, cited, 56 Baseball, 37 Current conditions with regard to gambling Bergler, Edmund, cited, 94 in California, 26 BETTING ON FOOTBALL MATCHES IN SWEDEN, in Nevada, Bertil Ahrnborg, 144-149 Massachusetts Survey, Bingo, 41, 11 Black markets, DAY, JOHN Horse Racing and the Pari- BLANCHE, ERNEST Gambling Odds Are mutuel, 55-61 Gimmicked!, 77-79 DeBaun, Everett, 114; cited, 114 BLANCHE, ERNEST Lotteries Yesterday, Definition of gambling, 39 Today, and Tomorrow, 71-76 in Latin American countries, 134 Ernest cited, 19; quoted, 29 PAUL The Facilitation of Gam- Bookmakers, 2, 4, 39-40 bling, 21-29 classification of, 49 Dewey, Thomas 24, 35, 44 identification of, 4, 5 Dice gambling, 78 legal status of, 46 argot of dice gamblers, 119-120 methods of 49 dice gamblers, 118 , » number of bettors, 49 equipment for, 118 number operating in U. 48 percentage table, 48 Donnelly, Thomas cited, 16 profits of, Dostoevski, Feodor 93, 99 protection of, 52 Drayton, Spencer J., 60 size of business of, 46 Louis A. Lawrence, 46-54 Economic effects of gambling, 28, 67, Bowron, Fletcher, 26 73, 76, 139 Boxing, 37 increase of the relief burden in Nevada, 33 Brogan, D. cited, 10 on family 37, 73 Bryce, James, cited, 9, revenue from gambling in Nevada, 32 John, cited, 56 Elections and gambling, 78 Byrnes, James F., 60 . . Elizabeth (Tudor), Queen of England, 71 Erdnase, S. W. (pseudonym), see Andrews, Capone, 14, 115 1 E. S. Card games, 36, 42, 78, 85-86 played for social purposes, 4, 19 FACILITATION OE GAMBLING, THE, Paul S. used by confidence men, 87-88 Deland, 21-29 Carnival games, 42-43, 79 Charles I of England, 56 Otto, cited, 106 Cheating, 19, 28, 37, 77-80, 82-90, 115 Fey, Charles, 62 at cards, 88-89 Flexner, cited, 10 bribery in sports, 37 '•• Flexner, Stuart, 114 definition of, 85 Ford, Samuel cited, 16 stigma of, 84-85 . FORMS OF GAMBLING, THE, Oswald Jacoby, Chess, 41 « • . 39-45 - 205 206 INDEX

Raymond B., cited, 10 Homer, 55 Freud, Sigmund, cited, 93 Hoover, J. Edgar, 60 Horse bettors, 4, 37, 49 -',- . '•. Gamblers Anonymous, 27-28 at a disadvantage, 51-52 Gambling for the benefit of or char- Horse racing, 28, 37, itable causes, 3, 13-14, 16-17, 29, history of, 55 35, 40, 71, 72, 75, 76, 77, 148 evolution of racing, Gambling games not distinguished from games early American, 56 for recreation, 1 under royal patrons, 55-56 Gambling houses and betting rooms, 2, 33, in Latin America, 138 37, 42, 49, 81-82 legal status of, 46 as public nuisances, 1 47, 59 Gambling in Latin America regulation of as a social problem, beginning of regulation, 57-58 classification of Latin American countries, means of regulation, 58-59 scientific and mechanical aids, 58 definition of, 134 ticket vending machine, 59 factors affecting, 134 totalizator, 58-59 forms of gambling and public participa- state regulation, 58 tion in them, 137-138 size of business of, 46 professional crime, 136-137 Thoroughbred Racing Associations and Pro- psychological and cultural conditions, 135 tective Bureau, 60 technology, 136 wire services, 47-48 history of, 134 HORSE RACING AND John legal status of, 138 ' I. Day, 55-61 regulation of, 139-143 Hull, George C., GAMBLING IN NEVADA, Joseph F. Inconsistencies of legal and social attitudes Gambling in Sweden toward gambling, 43, 53, 82 Insurance as a form of gambling, 39 big gamblers not attracted, 148 financial returns, 147 OSWALD, The Forms of Gambling, founding of Swedish betting corporation, 144 James I of England, 55 influence on foreign countries, 147-148 James, Jesse, 10 interest in games a stimulus, 149 James, Marquis, cited, 9, 16 mechanics of public betting, 144-147 Jefferson, Tennyson, 22 . opposition overcome, 148 Jefferson, Thomas, 73 GAMBLING IN THE LATIN COUN- Jones, "Canada Bill," 77 Lopez-Rey, 134-143 Jones, Ernest, cited, 94 ; Gambling odds, 77-80, 115 determination of mathematical odds, 77 Keene, James R., 57 odds fixed, 77 Estes, 22 GAMBLING ODDS ARE Ernest E. Klein, Melanie, cited, 100 Blanche, 77-79 Knutson, Harold, 75 Gates, Sir Thomas, 72 • Herb, cited, 13 Laforgue, cited, 94 Grant, Ulysses S., 15 .?. .3 LaGuardia, Fiorello, 24 iA Greeley, Dana McLean, 26 Larson, Robert L., 67 Ralph, cited, 95 LAW OF GAMBLING, THE, Morris Ploscowe, 1-8 Henry VIII of England, LAWRENCE, Louis Bookmaking, Herodotus, 55 Laws concerning gambling Hines, James, 44 common law, 1, 7 History of gambling, enforcement of, 19, 20, 25, 38, 44, 52 football betting in England, 144 gambling contracts, 1, 7-8, 18 in Latin America, 134 obstacles to enforcement, 9-20 in Sweden, 144 American lawbreaking traditions, 9-10 in 15, 37-38, 114 and black markets, .,, ,.. INDEX 207

and liquor, 10 LOPEZ-REY, Gambling in the Latin and murder, 9-10, 11, 12 American Countries, 134-143 and prostitution, 10, 11 Pierre, 57 and traffic, Lotteries, 2, 3, 36, 40, 77 moralistic attitude toward law, 11-12 definition of, 71 tolerance rationalized, 12 extent of prohibition against, 5 political power accruing from gam- history of bling, 9 in Latin America, 137 evasion of, 62-63, 65-67 in other countries, 71-73 in England, 1-2 in U. 15-16, 72 in Latin America, 139-143 legalized national lottery in U. 71 in Sweden, 144-149 today's lotteries, 73-75 in U. S., 2 football and baseball pools, 74-75 Federal laws, 21-23, 69-70 tomorrow's lotteries, 75-76 and sweepstakes tickets, 74 LOTTERIES YESTERDAY, TODAY, AND TOMOR- postal laws, 22 ROW, Ernest E. Blanche, 71-76 proposed legislation, 22 model law in Wisconsin, 66 McDoNALD, JOSEPH F., Gambling in Nevada, slot machines and pinball machines, state permissions, 3, 67-68 MacDougall, Michael, 88 state prohibitions, 6, 66-67 R. cited, 12 status of players, 3 McLeod, William Christie, quoted, 15 types of prohibitions, 2 McMaster, John Bach, cited, 15 . licensing procedure in Nevada, 31 Mailler, Lee B., 36 proposed in New York, Mary, Queen of Scots, 55 pattern of, 14 Maurer, Barbara 114 problem of legalization of gambling MAUREE, DAVID W., The Argot of the Dice effect of legalization, 17-18, 23, 25, 27, Gambler, 114-133 73, 76, 138-139 Merriam, Charles Edward, cited, 11 in Latin America, 138, 143 Mills, Herbert Stephen, 62 public and private forms of gambling, Morals and gambling, 11-12, 13, 30, 33-34, 73, 138 76, 114-115, 139 in Sweden, 144 exploitation of human weakness, 17-18, 25 in U. S. highly respected by Pomo Indians, 108 Idaho, 67 influence of Puritanism, 14-15 Louisiana, 68 personal honesty of gamblers, 115 Nevada, 30, 67 public attitude toward gambling, 28-29, New York, 35-38 S3, 62, 65 proposals for legalizing gambling, 2-24 rights of majorities and minorities, 25 hazards of ill-advised legislation, 61 sense of guilt, 91 legalized lottery in U. 71, 75 ALBERT H., The Professional reactions to, 24 Gambler, 81-92 by the church, 24 Morrison, deLesseps 22 by the press, 24-25 Motivation of gambling, 45, 61, 82, 108, 115 in New York, 35-36 challenge of a game, 83, 86 of betting cultural and personal, among Pomo In- away from race tracks, 60 dians, 113 social purpose of law, 12-13, 18 failure in respectable occupations, 83 LEGALIZED GAMBLING IN NEW YORK ? Messages greed, 86, 91, 108, 115 to N. Y. Legislature by William O'Dwyer habitual, not instinctive, 134 and Thomas E. Dewey, 35-38 interest in public sports, 149 Lloyd, cited, 10 neurotic compulsion, 83, 95-107 ROBERT M., The Psychodynamics of self-destruction or rebellion, 91 Gambling, 93-107 fear, 91 Lindner, Robert cited, 83, 105 normal recreation, 108 Liquor traffic, 10, 35 superstition, 83 prohibition of, 30 Murder, 9-10 Long, ' ' . Myrdal, cited, 208 INDEX

Nicolls, Richard (Governor), Psychology of the gambler, 86, 91-92 game or policy, 3, 4, 74, 79 not normally creative, 143 psychodynamics of gambling, 93-107 OBSTACLES TO OF GAMBLING case history of a gambler, LAWS, Virgil W. Peterson, 9-20 gambling recognized pathological, 93 O'Dwyer, William, 23, 24, 35 scientific conclusions, 106-107 O'Hare, John Richard, cited, 17 studies made to date, 93-94 Oiler, Pierre, 58 characteristics of the gambler, 94-95 Ovid (Publius Ovidius $5 types of gamblers, 95 psychological and cultural conditions af- see Horse racing fecting gambling, 135 Participation of the in re- Public sports events and gambling, 40, sults, 74, 78 Payne, John, 47 See also Horse racing Pendergast, Thomas, 115 Punchboards, 3, 16, 40, 78 Periodicals serving gamblers Daily Racing Form, 47 Elmer F., 36 newspapers, 50 Quinn, John Philip, cited, 14 Persons responsible for enforcing gambling laws, 3, 4 Rationalization of gambling, 13 PETERSON, VIRGIL Obstacles to Enforce- Rawson, Clayton, 114; cited, 123 ment of Gambling Laws, 9-20 Reik, Theodor, cited, 94 Peterson, Virgil cited, 10, 12, 18, 26 Resnick, Suzanne, 114 Phelps, E. J., quoted, 10 Robins, C. 67; cited, 16 MORRIS, The Law of Gambling, Rothstein, Arnold, 84, 115 1-8 Roulette, 3, 35, 79 Political influence and gambling. 9, 18, 20, 22, 38, 44, 52-53, 65, 117, 136- Sabath, Adolph Joachim, 75 137 Scarne, John, 88, 114; cited, 114, 123 Pierre, cited, 15 Arthur cited, 9 POMO: A PROFILE OF GAMBLING AMONG IN- Schultz, "Dutch," 38, 44 DIANS, W. Aginsky and Ethel Scott, Albert L., cited, 10 G. Aginsky, 108-113 Searle, Robert 24 Porno Indians Seigel, 31 and gambling Simmel, Ernst, cited, 93 a factor in sickness and death, 112 SLOT MACHINES AND GAMES, Anony- attitude toward, 108, 111 mous, 62-70 cultural and personal drives toward, 113 Slot machines and pinball machines, 2, forms of, 109-110 16, 27, 36, 41, 62-70, 79 ritual 112 beginnings of, 62 significance of myths, competition of amusement machines and the 110, 112 gambling machines, 69 described, 108-109 depression in the industry, 69 Porter, Charles O., cited, 9, 11 devices for evading the law, 62-63 Preston, Prince Jr., 70 Federal regulation of, 69-70 PROFESSIONAL GAMBLER, THE, Albert H. history of pinball game, 68 Morehead, 81-92 movement toward suppression, Professional gamblers, 81-92 one-ball game, 68-69 classification of permitted through public apathy and offi- the banker, 81-82 cial corruption, 65-66 the cardsharper. 85-86, size of industry. 64-65 the confidence man, 86-88 structure of industry, 63-64 the percentage gambler, 82-85 Smith, Henry Justin, cited, 10 definition of, 81 Steingut, 36 Prostitution, 10 Stevenson, 66 OF GAMBLING, THE, Rob- Stock market, 43 ert M. Lindner, 93-107 Sutherland, Edwin 19, 83 INDEX 209

Technology and gambling, 136 Warmoth, Henry Clay, 15 Thomas, Elmer, Warren, Earl, 26 Ticket-vending machine, see Horse racing Warren, George, cited, 10 Totalizator, see Horse racing Washington, George, 56 93 Traffic laws, Wecter, Dixon, cited, 9 Frederic, cited, 12 Underwood, Tom R., cited, 61 Wicks, Arthur H., 36 5 Widerschein, Sylvia, Vollmer, August, cited, 10 Williams, Francis Emmett, cited, 14 af- Volume of gambling, 44, Vosburgh, cited, 55 40, The true shape of things

From Munich to Pearl Harbor By

The author explains: "Besides showing signs of life in the political arena since 1945, isolationism has found champions among historians, led by the late Dr. Charles A. Beard, who deny that internationalism vanquished their cause. They offer seem- ingly valid evidence to support the view that the plotted to carry the United States into the Second World War contrary to his public professions of peaceful intent, in violation of constitutional limits on his authority, and contrary to the desire of the Axis to avoid war with the United States. Confronted by this challenging interpretation, I studied the evidence, trying to discover whether it had been fairly treated by the isolationists. My examination of the evidence convinced me that their thesis is based on omissions, distortions, and falsifications. Therefore I abandoned my original plan and turned to write not merely a factual account of events but also a point-by-point refutation of the isolationist thesis, and to present the internationalist argument in favor of President Roosevelt's conduct of foreign relations."

And Arthur Schlesinger, Jr. praises: "Mr. history of the development of the Roosevelt foreign policy is a valuable contribution to public understanding. It is clear and crisp in its writing, shrewd and dispassionate in its analysis, and entirely devastating in its exposure of the omissions and distortions of the Charles A. Beard school of historical revi- sionism.

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