St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-10
Judge Thayer Decides That
Block Of 5000 Tickets
Were Limited.
They We're Limited in That
the Tickets Required a
Continuous Passage.
The Interstate Commerce Law
Somewhat Upset by the
Decision.

Ticket Agent Charles Ii. Holdridge. Of
the Chicago, st. Paul Il Kansas City
railway were discharged upon the trial
in the United States district court,
charged with unjust rate dscrimina-
ton. Great interest has been mani
tested in the matter by railroad men
since the indictment several months
ago. A large number of prominent
railroad officials and leading attorneys
were in court yesterday morning to
hear the decision of Judge Thomas
NJ. Thayer upon the point raised by
counsel for the defendants. That point
was construction of the law as to
whether the block of tickets sold to
Charles II. Petsch were limited or spe-
cial limited first-class tickets. Soon
after court opened the court announced
the decision on the question raised, u.s.
ing the following language: 4
'The evidence in this case shows that
at the time of the alleged unlawful sale
of 5000 tickets the Chicago, st. Paul g
Kansas City Railway company had on
sale, and publicly advertised for sale,
two kinds of tirSt-claSS tickets from st.
Paul to Chicago-One termed an "un-
limited ticket, which was sold at S11.50,
and one termed a Limited" ticket,
which was sold for 81.
A published schedule showing such
rates was on file with the interstate
commerce commission, and was posted
in the various depotS along the line, as
the law requires.
Tickets of the kind last mentioned,
to wit, limited and unlimited, were ac4
cessible to every one who
Chose to Buy
them, so that there was no discrimina-
tion in the sale of either class of tickets.
The government contends that the
5000 tickets sold by the defendant at 81
each were in reality "unlimited tickets,
and hence that the sixth section Of the
act was violated. The court is satisfied,
however, from the uncontradicted evi-
dence in the case, that there was diff
ference between the tickets sold by the
defendants and what were known and
sold as unlimited irst-class tickets"
The latter class, under the eompany'S
regulations, were entitled to .sstop-over
privileges while the company (as I
think). under the disputed evidence in
the case, had the right to insist that the
holder of such tickets as were sold by
defendants should make a continuous
passage, The company. as think, had
a right to insist on continuous journey
when 1t was once begun by the holder
of limited ticket, even though the
ticket as sold was not punched in the
margin so as to limit the period of use.
The tickets sold by the defendants
were in one sense, therefore, limited
tickets-that is tosay, they we're limited
though not limited as to time of use.
Now, as the published schedule Of
rates. did not specify what was meant
by first-class limited tickets, and as the
commission did not see fit, when the
schedule was filed, to require the COM
pany to explain what was meant, or
what privileges the holder would be en-.
titled to, no case has been made out, in
my opinion. emitting the government
to 90 to the jury. The evidence, in my
judgment, would not support a convic-
ton on either count of the Indictment.
The railway company in question adj
vertised to sell limited f1rst-class tickets
from st. Paul to Chicago for 81.
The defendants have sold tickets
between those points for 81.
which were in fact limited as to privi-
legeS by requiring a continuous journey.
ii the railroad company elected to
enforce that requirement. 1t may have
been in this sense that the term ''lim-
tied" was used in the published sched-
uIes filed with the commission, and
there is
No Sufficient Evidence
that it was not so used. The difficulty
encountered in this case could probably
be remedied by requiring railroad COM
panies when they file rate schedules to
specify clearly what is meant by the
term ''limted tickets" instead of leav-
ing railroad companies to put their con-
struction on the term and the public to
speculate as to its meaning. The jury
will be instructed to acquit the defend
ants on all counts of the indictment.
Judge K. r. Nelson occupied seat
on the bench during the announcement
of the decision. Judge Thayer instructed
the jury to find for the defendants and
Messrs. Egan and Holdridge were dis
charged from further attendance upon
court. These officials were the recipi-
entS of congratulations by railroad men
and attorneys.
Railroad men regard the result of the
trial as great victory over the inter-
slate commission, as it is just such an
Interpretation of what constitutes un-
limited tickets as they desired. Whilst
some of the railroad officials would be
pleased to have seen check put upon
the sale of tickets in large blocks for
reduced rates, yet personally they
would not care to have the Kansas City
officials mulcted. The result of the de-
cision is claimed to be that any road
may sell large block of tickets when the
rates are low and they will be good for
xryiff flnN nf
as it seems that the time does not begin
to run against such ticket until it gets
into the hands of the passenger ana is
presented for cancellation.
He Is Disappointed.
Frank g. Kretschmer, special agent
of the interstate commerce commission,
in reference to the decision, said:
st will be hard to make out case against
the railroad. Look at this ticket. The only
indication that it is limited ticket is that it
has on it's face the words Special Limited
on the margin all years printed from 1890 to
1896, and it appears in testimony by railroad
men that the ticket would be good even after
1896. If this is a limited ticketI want 10
know what an unlimited ticket is?n
Charles II. PeStch was in happy
frame of mind and smiled at the thought
that he still has large number of his
block of 5000 tickets on hand which he
can sell at nearly 65 per cent profit.
President Egan maintains that the
outcome was as he expected. The
tickets were sold at current rates last
year and there was no violation of law
because of the fact that the rate had ad-
vanced after the sale of block of tick
cts.
"our case was clear. The tickets are linn
tied, because they are only good for contip