The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-02-06
TICKETS MUST BE SIGNED.

Important Points As to TraveleFs'
flights Settled in Hamilton's Case.
A decision which settles one of the prin-
cipai points in controversy between the
railroad companies and the ticket scaipers
has been rendered by the circuit court OF
appeals in the case of Asa NJ. Hamilton vs..
the Southern Pacific Company. The de-
cision was briefly announced N the tele-
graphic dispatches a: the time, bu. the
following full history Of il from the San
Francisco Chronicle shows it in ali its
bearings:
The case grew cut Of the attempted use by
Hamilton of a scalper's tcke: purchased at
Denver III 1873. Hamilton purchased from
scalper in Denver a first-class, unlimited con-
tract ticket, purporting to be good from Omaha
to san Diego. The ticket was what is known
as contract ticket, but was sold unsigned by
the Union Pacific Company. Hamilton rode to
Ogden, when ne was notified by the agents of
the Southern Pacific Company that they could
not honor the ticket without his signature. He
declined either to sign the ticket or TO pay his
iafe, ana entered into a CONTROVERSY with the
various conductors and stood them of until ne
reached the Truckee division. There he en-
countered Conductor George Derbyshire, who
notihed him that he would have 10 siga the
ticket, pay bis fare leave the train, at the
same time showing him telegram from Gen.
eTai Passenger Agent Goodman. instructing the
conductor TO treat the passenger as though he
had no ticket Hamilton still refused to either
sign bis ticket Or pay his fare, and the conduc-
tor notified MIN that he would put him off at
Rye Patch.
when Rye Patch was reached the conductor
and one brakeman attempted to remove HamiI-
Ton from the train, but he successfully resisted
them, and they called the baggageman. Before
the latter arrived Hamilton took revolver from
Etnnh nd IN tha rnny ~fo pr.lfr
seat, threw his hand over the curtain rail and
notified the conductor that any one who at
tempted to modest him would get hurt. There
upon the conductor and his assistants LETT the
car The conductor telegraphed to his superin.
tendent, Whited, and asked to have Hamilton
taken off the train at Loye.ocks. Whited imme-
dlateiy teiegraphed the agent at Loyclocks. and
When the train arrived the agent was in waiting
with an officer, who arrested Hamilton, put him
In irons and removed him from the train.
Hamilton then brought suit against the COM
pany III the circuit court of the United States
for $4,000 damages Upon the trial of the case
in the circuit court Justice Hawley instructed
tae jury that the ticket, although first class
unlimited con ract ticket, was void without the
proper signature, and furnished no evidence OF
the right OF the plaintiff TO BE- carried, aud the
train agents were justified in using Gil
necessary force to remove him from the
car, but he submitted to the jury as q
arresting the plaintiff acted in their official
capacity or were special agents OF the defend
ant to accomplish the purpose of his removal.
The jury, upon these instructions. found a YER
dict for the plaintiff for sH150. The circuit
Judge reduced the judgment to $4,000 on motion
Tor a new trial, and entered judgment in favor
OF the plaintiff for that sum.
From that judgment the defendant company
presented a writ OF error TO the circuit court OF
appeals Here the judgment was reversed, upon
the ground that there was no evidence before
the court to submit TO the jury the question Of
the action OF the officers, because al the evil
dence showed that they acted upon the respon-
sibilty Of their Office in their official capacity,
that the ticket held by the plaintiff void
without his signature, that the agents of the
company had the right to demand his signature,
and upon his refusal to sign had the right TO
expel him from the car, and that the action of
the plaintiff in drawing deadly weapon ten
dered conflict which must result, If followed
up, in the loss of human life, placed him beyond
the pale of law-abiding citizen and fully justi-
fed his arrest and subsequent treatment; that
the circuit judge erred in submitting that ques-
ton of fact to the jury. for watch reason the
judgment was reversed.