The herald., 1895-06-30
POKER and JURISPRUDENCE
How the Game Is Regarded by
Chief Justice Beatty
VIEWS FROM LOCAL LIGHTS
Judge Clark Does Not Think That II Is
Wrong
A Quiet Game Of Draw Poker Is an Innocent
Means Of Passing the Time
Pleasantly
VIEWS FROM LOCAL LIGHTS

Chief Justice Beatty of the supreme
court has decided that in the eyes of the
law, poker is not game that comes un-
der the head OF gam bling.
This decision is the result of an applica-
tion for writ of habeas corpus made by
julius Meyer, who was held to answer on
a charge of perjury. Meyer was Juror
in the Paulsell case in San Francisco,
and when examined as talesmnn swore
that he knew nothing with regard to
gambling games. Paulsell was on t;ial in
the superior court on charge of rob-
bing the proprietors of faro bank. Mey-
er was asked by the counsel for the de-
fendant:
''Do you know man named Carroll, or
Ross, or Webber. the men who were pro-
prietors of the gam bling house at No. 620
Market street,"
To which he answered:
"No, sir; have nothing to do with
such places.
The charge is that the latter part of
this answer is false, that the prisoner did
in fact have something to do with "such
Places
After the trial it was discovered that
Meyer was a constant visitor at certain
poker establishments and was employed
to help along the game by taking hand
insorder to revive interest. On this in
formation the district attorney made out
a complaint in which he charged him
with perjury.
Judge Murphy, before whom the case
was tried, found the ex-juror guilty, but
later Chief Justice Beatty rendered his
decision. In his opinion he said:
Poker playing. for money. however OBJ
jectionable in fact, is in the eyes of the
1aw innocent aS chess or anV pav..Q
played for recreation. and its votaries
and the places where it is played are not
criminal. There is no Inconsistency,
therefore, between the declaration of pc
titioner tnat he had nothing to do with
such places as faro bank and the fact
that he did frequent club rooms where
poker was played for money. And since
there is neither evidence nor accusation
of any other false statement made by
him, it follows that he cannot be held for
perjury and must be discharged from Gus
tody."
Much comment has been caused by
this action on the part of the justice, and
some of it is of an adverse nature. A
prominent citizen of this city said to a
Herald reporter yesterday:
81 am greatly surprised by this actio
on the part OF one of our most respected
jurists. No one can deny that poker is
game OF chance and one that often proves
most pernicious. In my opinion it
should be suppressed as thorough ly as
faro or roulette, as it debauches our
young men in quite as great ratio"
Judge Clark was interviewed on the
subject and said, after a reminsc ent
pause: eff Beatty says il is legal it must
be all right. To my recollection 1t .s to
be considered on purely statutory
grounds. believe that stud horse poker
any law against draw poker" The Judge
failed to state which game he was best
acquainted with.
Mayor RAIDER was sitting in his Office
reading the account of the Kreisturnfest
in the Southern California German Post
Mr.. Mayor. what do you think of the
legal status of poker playing?" was
asked.
"Poker. poker? What is poker?' he
queried a. he thoughtfully scratched his
head. Totally unable to .grapple with
game, the reporter gasped for breath, and
as the city's executive declined to state
an opinion, gently left the room and rev.
erently closed the door. Such state of
mind is not lightly to be profaned.
The attitude of the California codes
toward gaming is set forth as follows in
the Penal Code, Sec. $50:
Every person who deals, plays or
carries on, opens or causes to be opened,
or who conducts either as owner or en-
ployee, whether for hire or not, any game
of faro. monte, roulette, lansquenet.
rouge ct noir, ronoo, tan, fan-tan, stud
horse poker, seven and a half, twenty
one, or any tanking or percentage game
played with cards, dice or any device, for
money, checks, credit or any other repre-
sentation of value, is punishable by fine
of not less than 5000 nor more than $1,000,
and shall be imprisoned in the county
jail until such fine and costs of prosecu-
tion are paid, such imprisonment not to
plays or bets at or against any OF said
prohibited game or games is guilty OF
misdemeanor."
HARRY A. WARREN.