CASES AND DECISIONS.
Card laws are intended to effect two objects: 1. To preserve the harmony and determine the ordering of the table. Such, for example, are the laws in the previous code, which regulate scoring, cutting, shuffling, &c. and the miscellaneous rules included under the head of Etiquette. 2. To prevent any player from obtaining an unfair advantage.
The word "unfair" must be taken in a restricted sense. It does not mean intentional unfairness. This is not to be dealt with by laws, but by exclusion from the card table. In deciding cases of card law, the offender should be credited with bonâ fides. It follows from this, that offences should not be judged by the intention of the player, but by the amount of injury which his irregularity may inflict on the opponents.
In a perfect code, there should be a penalty for all errors or irregularities, by which the player committing them, or his side, might profit; and on the other hand there should be no penalty for errors by which he who commits them, cannot possibly gain an advantage.
Penalties should be proportioned as closely as possible to the gain which might ensue to the offender. For instance: if the third hand has not played and the fourth plays before his partner, the second hand is informed whether or not his partner is likely to win the trick. The law, therefore, provides that the adversaries shall be entitled to call on the second player either to win the trick, or not to win it, whichever they please. Say, the fourth hand plays an ace out of turn. The second hand may be required to win the trick. If he has none of the suit he must trump it. In the opposite case, if the fourth hand plays a small card, and the second is called on not to win the trick, he must play a small card also. In this manner, the second player is prevented from benefiting by the irregular information afforded him. Other offences are legislated against in a similar way, the point kept in view throughout being, that no player shall be allowed to profit by his own wrong doing.
However carefully a code is drawn up, it will not unfrequently happen in practice, that cases occur which are but imperfectly provided for. Such cases should be referred for decision to some arbitrator. The arbitrator will find himself materially assisted by keeping well before him the two great objects with which the laws have been framed.
The following general rules will also be found useful in guiding him to just decisions:
Where two or more players are in fault, it should be considered with whom the first fault lies, and how far it induced or invited the subsequent error of the adversary.