South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-04-06
ENFORCEMENT OF
GAMBLING LAWS TO
BECOME STRICTER
Ruling by Court Against
Check" System Believed to
Establish Precedent.

IN what virtually amounts 70 a
precedent and which. Il II believed.
Will result in the cessation OF
"rhum" and other card playing in
pool rooms and soft drink" parIors
when the winner" receives a check
paid by the loser" City Judge pro
tenn William s. Bertsch Wednesday
afternoon ruled upon strict interpre-
tation OF the state law and found
defendants In the National pool
room case guilty Of charges Of gam
bling.
The testimony in the case showed
that five player defendants were re-
cipients OF checks. good for mer-
chandise 20 the value OF FIVE cents
for each player in the egame. II
was admitted that the loser" OF
each deal paid % cents 70 the
house" and the winner received a
check In trade for the same amount
The court ruled out statements Of
the arresting officer that there was
betting" on the side as Irrelevant
such statement having been contra
dicted by each Of the defendants
The case, he declared. rested upon
the legality Of the check" system
as applied 10 games Of chance.
Six Defendants.
There was a total OF six defen-
dants, the proprietor. who gave the
name OF Carl Clauson when arrested,
being charged with keeping a gam
bling house. Following argument by
defendants counsel. John a. Hib-
bard, who stated TO the court that
the practice upon which the case
had ANY merit at alT was pursued
in by every establishment IN town
where players played for checks.
the court found Clauson guilty and.
acknowledging the practice as being
general, suspended the fine The pro-
prietOr was told, however. that II
he continued card playing in his
business place. under the present pay
system, the fine would be revoked.
The defense then rested its case
so far as the other defendants were
concerned and pleaded guilty TO the
charges Of gambling taking $40
fines, suspended, in each case Hib-
berd declared he had no present in
tention OF appealing to a higher
cOur.
The National Pool room case
arose as the result Of the seizure OF
a deck Of cards and a 25-cent piece
in a game being played at the pool
room in question. 224 n Main ST,
last Saturday night. A game Of
rhum was I'm progress.
In making the decision. the court
cited recent decision OF the Indi-
ana supreme court which held that
players in any game where there is
a wager on the outcome Of the game
are guilty Of gambling.
Legitimate card playing IS a re-
creation" declared Chief Of Police
Laurence J. Lane Wednesday after
noon when asked what course would
be pursued by the department IN
abating the general practice, but
when money changes hands on the
outcome of a game. such play is
illegal"
See Strict Enforcement.
Such evidence Of gambling as is
constituted by the CHECK" system
if held illegal by the courts, would
in the opinion Of Chief Lane, bring
about a strict enforcement of laws
against the practice. Whether the
chief will bring the matter before
the board OF public safety to ascer-
tain the policy the members see fiji
TO pursue, was not made known
During the course of Wednesdays
tri y some of the defendants de-
clared that I'm their belief they were
guilty of no wrong in as much as
the same practice was general all
over town. The court held. however.
that the law was clear in It's pro
visions and that a supreme court
Interpretation of that law command
ed his ruling in the case in a similar
manner.