The keepers of gambling resorts are denounced, as though they were responsible for the gambling propensity in mankind. Now, resorts for gambling do not cause the passion. It is a tendency to which all men are prone, more or less. “The essential fact is the existence of this passion. There can never be any great difficulty in obtaining the means for its gratification.” If not one way, then in another. If at all, attack the principle, in whatever guise or by whomsoever practiced. If some methods are denounced, then should all methods be denounced. If those who furnish certain “means to the end” are to be punished as criminals, then should all persons who furnish any “means to the end.” But to punish any such person is erroneous and very short sighted; for the primary cause of the trouble, if such it be, is the desire for gaming. It is impossible to prevent its gratification. As wisely attempt “to make one’s hair white or black” by virtue of “the statute in such cases made and provided.” Suppose the law efficacious, with what consistency does our jurisprudence make gambling a crime? In general, at common law, all games are lawful, unless fraud has been practiced. Each of the parties must have a right to the money or thing played for. He must give his free and full consent, and the play must be conducted fairly. The mutual promises of the parties to the wager are held a sufficient consideration. A large number of such actions have been sustained by the courts of England and the United States. For example, it was held that a wager of fifty guineas by one of the litigants that an appeal from a decree of Chancery would be reversed by the House of Lords, was not, of itself, void, there being no charge of fraud. So, wagers as to the time when a railroad would be completed; or, as to the name of a person whom one of the parties had seen; or, as to the age of one of the parties; or, upon the price of an article of commerce; or, as to who would die first, of two persons not privy to the wager; or, as to whether A. would hit a target; or, upon foot or horse races; were held valid. Indeed, the tendency of the courts to discourage wagers of every nature is relatively of recent date. In many of the United States, the doctrine has been abrogated by statute. Texas, Delaware, California, and some other states still adhere to the English rule.