South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-05-31
POKER GAME GETS
SUPREME COURTS
RULING FOR SUIT
Unique Case Is Revealed in
Brief Found IN Archives
Of Colorado Tribunal.

DENVER. Colo. Nay 30.-A vivid
description .of the game OF poker.
and the attention Of the old army
game is generally credited with hav-
inz received from statesmen. dlplo-
mats politicians and even ministers.
was discovered ia the records Of the
Colorado supreme court when the
court library was being moved into
new quarters.
The dissertation on poker is con-
tanned in a brief fled by willard
Teller. one Of Colorado's most bril-
liant lawyers in the early days. in
suit instituted by IT. A W. Tabor.
pioneer mining man and late United
states senator from the Centennial
state. against William II Bush. Tor
mary years Tabors friend.
Tabor and Bush 10 appears. had a
disagreement shortly after TabOr's
election 20 the United States senate
Their friendship turned 20 hatred
and Tabor brought suit against Bush
FOR the payment Of money advanced.
Teller. on behalf Of Bush, filed an
answer in which he explained that
part Of the money which Taboo was
suing for Was a debt arising out OF
poker game and that. instead OF
Bush being indebted 20 Tabor the
latter owed Bush money.
Teuer's answer was cOuChed in
language that aroused the senator.
anger. Through his attorneys he
had Teller cited for contempt OF
court. basing the citation upon the
language Of the answer. Teller was
fined $500 by the Judge OF the Denver
superior court. in which the suit was
pending but the entire proceedings
we're dismissed before the state su-
preme court had passed final judE-
ment.
That part of the answer as set out
ia Teller's appeal from the Judge
decision fning him for contempt OF
court was. in part, as follows;
Brief OF Appeal.
The plaintiff says that the facts
are that the said plaintiff. being anX-
iouz and working hard 70 convince
the legislature Of the state Of Colo
RADIO. as well ar all good citizens OF
his eminent fitness for the position
OF United States senator in scien-
fifc moral political and intellectual
view and being fully resolved not 20
he outdone. by anybody who might
asofre 10 rival him in the veneration
and respect OF a willing people in
such contests AS were supposed by
demonstration Of his claims upon and
hin, ~ be highly essential 10 the
his ability 10 I'll said office. was. and
for some davs prior thereto. had been
enea ged with various and sundry
nersons Of learning and skill in their
professions in playing a game Ia
roflfo~1v and commonly known as
poker which game is alleged 10 he
one exactly suited 20 sharpen the
wits develop the resources Md re-
plenish the pockets Of those VINO
know how 20 play the game, and has,
as the defendant Is Informed and be
lieves received at various times
great attention from statesmen, min
t-ters and diplomats In all countries
and in all ages"
Additional Allegations.
The brief sets forth that. despite
the plaintiffs 'well-known ability in
that department OF practical states
n,anship Cpoker) the said plaintiff
had been steadily losing ground in
said game and the chances IF his re-
Gaining his position in this game
were constantly growing simmer ard
beautifully less 80 that the plalnuh
with "A sort Of "Help-me -Cassius-or-
I-s.nk" air applied 20 the defendant
IN come TO- his rescue and play out
his hand in said game, alleging that
no had the legislature 10 look after
and thereupon. 20 induce this de
PENDANT to engage ir said game, and
10 save. II possible. both his money
and his waning reputation as
statesman and player, agreed with
This defendant that II he would then
and there take up the same game
and play the same out. he. the said
plaintin. Aould pay the losses which
tben seemed imminent and inevitably
10 be az hand and that. II no losses
occurred and gains were made upon
the issue Of said game, one-half OF
the profts were 20 come 20 this de-
fendant. and thereupon said game
was PLAYED out at a loss of $3.50
of"the said PLAINTIFF money, which
the said plaintiff furnished 20 the
defendant for the purpose of paying
such loss.
.This defendant AYERS that this So
called loan arose out Of the facts so
stated and ont of no other or fur
cher facts. that il was gaming
transaction begun and instituted by
the piaintif and entered into by 'he
deferdant only AZ the plaintiff
quest and was played for the -
81 the said plaintiff. and the @
nIafutiff has not now nor has he ever
haf any' claim az law. Nqlity good
conscience or by the rules OF poker
AGAINST this defendant and he can
recover for said money only on the
rround oS heads I win. tails You
lose, against which all men should
protest