St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-26
SCALPERS KNOCKED OUT.
SUPREME COURT SUS7AlNS THE ANTI
ScAkPER LAX.
JUDGE WILLIS IS REVERSED,
If the Decision Stands the Scalp.
ers OF minnesota Must Go Out
of Eusiness-May Go to United
States Supreme Court-Nation.
al Eroker Associations Inter-
ested

al Hroker Associations Inter-
ested.
The supreme court yesterday handed
| down its decision in the famous ticket
| scalper case. reversing the district court
ofRamsey county and sustaining the anti
| scalper law Of the last Legislature that
wipes out of existence railroad ticket
brokerage In Minnesota. AS the matter
stands under the decision no one cal
sell railroad tickets except ne be the
authorized agent of railroad company.
HE anti-Scalper law requires that be-
tore person can engage in selling rail-
road tickets he must first have secured
license from the secretary of state, aud
that in order to secure this license ne
must file with the secretary of state
certificate of the railroad company fol
whom he is authorized to sell tickets.
The late General Manager Mellen, OF
the Northern Pacific, was chiefly ills
strumental in getting the law through
the legislature. 1t was long fight.
All the ticket brokers in the state.
backed by national associations of ticket
brokers, used their utmost influence to
defeat the passage of the measure. They
urged that the effect Of the bill would
be to deprive people of their property
i'll railroad tickets for, after man had
purchased ticket and found that it was
not possible for him to use it, he could
not sell it, but must lose the money ne
had invested in it. They urged further
that the law would further the interests
pf da
| to make their pools stronger.
The law, however, was passed. but the
ticket brokers did not yield. They held
that the law was unconstitutional, and
they were confirmed in this view by
the decisions of circuit and districr
courts in other states having similar
laws. These courts without exception
had declared the laws to be unconStitu-
tional. The national associations hacked
| the brokers of Minnesota to make a con.
test Of the law.
At length Clarence Corbett was ar
rested for violating the law. He EN-
ployei Hiler Il. Horton, OF st. Paul.
| Mr. Horton defended him i'll the district
court before Judge Willis. Judge VIII
| lis decided that the law was unconstitu-
| tional, and an appeal was taken to the
supreme court.
Unless new hearing is granted by
| the supreme court, the only recourse
| left for the defeated party Is to GO to
| the supreme court Of the United States.
The defeat was so unexpected by the
ticket brokers that they were all at sea
last night as TO what the next step wodid
be. But undoubtedly they will move
for rehearlng. and in case this is de-
MED. they will attempt to take the case
to the United States supreme court.
There are great many ticket brokers
in Minnesota, and if this decision stands
they will all be out of jobs, or must
move to other states. Worse than that,
the railroad companies will take the law
and decision of Minnesota as prece-
dent for establishing the same law in
every state in the Union. thus ann!hiiat-
ng an important means OF livelihood.
1t is not likely that they will lie down
easily and see their means of support
taken from them.
1t is urged that the question concerns
interstate commerce for the reason that
most of the tickets sold are for trans
portation through Minnesota and other
states. 1t being an interstate COM
| merce question. it is likely one that
may be taken te the supreme court of
the United States.
Justice Mitchell wrote the opinion of
| the court. justices Buck and Canty
were absent, and took no part in the
| decision.
The decision in full follows:
State OF Minnesota, plaintiff, vs.. c. E
Corbett, defendant. Syllabus:
Laws OF 1898, chapter to, entitled AN
act to regulate the sale and redemption
| of transportation tickets of common
carriers and to provide punishment for
| the violation of the same" is not uI-
constitutional.
Either as 'class legislation" granting
| special privileges To carrier,
Or as a delegation OF the police power
of the state 10 grant Licenses to engage
| i'll a business.
commerce.
| Or (at least as to tickets purchased
| after the passage of the ac.) Us d1priv-
| ing citizen OF his property without
| due process of law"
| Ii business, as that of common car
| rierS, is a proper subject OF police regu-
| tiou,so are its incidents and accessories,
| as, for example, the issue and sale OF
| transportation tickets.
| The word "oWuer" as used in the act
| includes all those who operate railroad
or steamboat in the transportation OF
passengers, as. for example, lessees,
+, receivers and the like.
Order reversed. MITCHELL. J.
State of Minnesota, plaintiff, VS.. z. E.
CorDett, defendant. Opinion:
The defendant was indicted for selling
on Oct. Ii, 1898 a railroad ticket of tns
Northern Pacific Railroad company
from st. Paul to Little Falls, in tnIs
state. contrary to the provisions of Sec
ton =, chapter 66, Laws OF 1898, entitled,
"An act TO regulate the sale and re-
denption of transportation tickets OF
common carriers and to provide punish
ment for the violation of the same"
approved April l3. 1893. The trial court
having sustained demurrer TO the
Indictment has certified the case to this
court, pursuant to General Statutes
1873. chapter III. section Il.
We think the statute cuntemplateS
| that the report and certificate or the
trial Judge should Indicate the particular
questions of law which he deems SO inl-
| portant and doubtful as TO require the
| decision OF this court. In the present
| case the "memorandum" of the Judge,
| which is Incorporated in his report, Is
| the only thing which points out the
questions OF law upon which he deslres
| 0nr opinion, aud 1t Is apparent trou'
| this that the only question which tie
| considered or passed upon IN sustaining
| the demurrer waS the constitutionai'tY
| of the statute under which the indict-
ment WAS found. We snail therefore
| coutine ourselves to the consideration OF
| the objections raised 10 tne validity of
| that statute. These objections may be
! all summed up as follows:
First-It is Class" legislation i'll that
| it gives to persons named By the car
| riers the exclusive privilege oi co.iducs-
Continued on FossrtE, Page.