The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-11-23
TICKET SCALPERS WIN.
COURT OF APPEALS sAYs THEIR
BUSINESS rs LAWFUL.

A Decision Declaring Unconstitutional tho
Law Passed In 1907 to Forbid Ticket
Brokers from Dealing In Railroad Tick
cts Court stood -Four to Three.
ALBANY. Nov. 22.-The Anti ScnlplnR
law OF 1897 was to-day declared unconstitu-
tional by the Court Of Appeals. The decision
was given In the case Of George Tyroler. a
ticket broker OF New York city. who was ac-
cured Of violating the law by selling a ticket
from New York TO Norfolk. he not being
an authorized agent Of the railroad and boat
companies issuing the ticket. He brought
habeas corpus proceedings. but his petition
|. was dismissed by Justice Lawrence. and the
order diminishing IL was affirmed by the Appel
late Division. The, Court OF Appeals holds
that the law is unconstitutional, and orders
Tyroler's discharge
The courts decision Is based on an opinion
written by Chief Judge Parker. Judges Bart
lett and Martin wrote dissenting opinions, and
Judge Gray also dissented. The court stood
4 to 3 in declaring the law uncon stitutional.
Judges Vann. HaiGht and o'Brien concur with
the Chief Judge. In his opinion Chief Judge
Parker says:
"The provisions Of the statute in question
have reference to the selling OF valid tickets.
regularly issued by a transportation COMPANY.
Can the Legislature declare such sales to be
fraudulent or prohibit them on the ground that
IL tends 10 prevent fraud? 1t is not commended
that the business OF ticket brokerage Is in IL
self OF Q fraudulent character, The business
is asserted lie that there are some men engaged
in the business who have IMPOSED on the pub
sexual truth II every business, trade and pro-
OF this law. It is sugee sted, is to enable trans-
which they may enter into pooling arrange
ments from secret violation. which is frequent
kerage system. The granting OF monopolies
or the exclusive privilege to corporations or
the rights Of others to follow a lawful calling
and an infringement OF personal liberty from
the times of the reigns Of Elizabeth and
the light Of decisions of this court 70 support
the assertion that the liberty, 81 this relate
gage In the business of brokerage on passage
tickets Is sought y be interiered with by the
such tickets has been a lawful business for
many years. The statute is in CONFIRMATION
e Il. the state c SR III fssis, and Is s0 SUid 19ls' :
valid exercise Of the, police power.
The Anti-Ticket ssalping law was passed
e eSers step. " wR ResSd Tie b Bin he Sec ane,T a aW the he
business. Under to-day's: decision Of the
Court Of Appeals they can resume business at
once.
George H. Daniels. General Passenger Agent
OF the. New York central hallroad. SAID yester-'
day when asked what the railroads were likely
to. Do as a result OF the decision;
II have Just read the decision and hardly
know what to think OF IL. or course, as law
abiding citizens We must accept it for the
present. The matter will undoubtedly be re-
ferred TO the legal departments Of the various
railway CORPORATIONS atlected ~ the law. anu
cnt l cannot say whether an appeal will be
taken from the decision OF the court. AZ n
matter OF fact the law never affected the scalp
ers to any great extent. They are doing bust
ness all along Broadway to-day, and have been
ever since the awwent into effect"