New-York tribune., 1898-11-23
LAW VOID.
MAJORITY OF THE COURT OF APPEALS
CONDEMN 1T.
TICKET BROKERAGE HELD TO HE BOSiNASs
WHICH THE STATE HAS NO RIGHT

WHICH THE STATE HAS NO RIGHT
TO PROHIBIT.
Albany. Nov 22-After hard struggle for leg
islative and executive appro al. and after varying
.,coos= In the lower courts. the so-calicd Anti
scalnors law passed this year. has been declared
unconstitutional by the Court OF Appeals ana Is
therefore imperative. 1t provided that IL was \
nsdemeanor for any one to sell railroao '''Ne's III
this State except the au'horize" "s'"'S VI Wv
railroad oumpanies.
Shortly after Il became n law George lyroe'' :"
ticket broker in NCw-York city. was arrested o"
,hc charge OF having sold ticket for transpo''a,
,,on from New-York to Norfolk lie was cohVicuu
AVID sen. 10 Jail The Appellate DIVISION o' .'V
c,n-cr,e Court OF the First Department declaeu
unanin,ously that the law was constitutional Ihc
oase was then carried 10 the Court of Appe"S' az.
bat bodv to-day rendered decision reversing t'''
NJ the Appellate Division and declaring 'me i"N
unconstitutional. IL iuruer o'"'''N W
be discharged .,.
Tho Court Of Appeals was divided on the qu'suo"S
q, issue Chief Judge Parker wrote the prN.".'"s
oriuiou which is ccncurTcd in by Judges y "''0''
,ioigb, and Vaun Two dissenting opinions were
written. ono by Judge Martin and the ''ner ny
1,aro Fortlctt Judge Gray concurs IN 'he u'-
sentirc opinions. In the prevailing opinion 'uuse
Parker says
This is remarkable statute The 9n{WiHs y I, 6,1 @IH
sciliny If passage ti,kc;s - not abolished II ~ "H
ss0o,n,d"n,rr5 s0,, who're the seller has not auihorl'
from Of he tr3nsportaIon iiisinass
which has existed for many years in'e9d,ns 5T",
elers have gone TO ,hose aSem'c9 emnateG tour
M sSI M re,itTe days or weeks or months 20 malo
Z; TN ,rav@uing public uses the facilities al
forded by such ascn-ies my nsDortot wUoi lion com
Dsnv should deem i, wise to cothe them VITA
authority to act rs iis agents. ,,. ,,,hu, and
,rsnsnortation compa llcs hav, been defrandcd pS
ihc brokers. The tendency OF we uinrS "'1 IN ,it-
" is to rush 10 lesslation FOR fm,T fasnarv ~ W and
many novel oNpcriments In loslsat ION dT re,,-
allies have been provided. 1t IS novel legislation
indeed that attempts to take away from alc ,
people 'hc riSh, to conduct given ouSISe c"ndfc:
there are wrong iocrs in It. from whose o"''N"N'
IN. saie Of fraudulent tickets Is pnn'shGanlne
offence under tho Penal Code THIS ac'i ,sI,,irs
decisrc such sales to he Fraudulent? Tne t'esic ic
ature has ne power to pTeVeit d, NE sale OF
nana ,'Gf, nat fyaHd viii thus be prevented It is
age is of itself OF a fraudulent character IL an an
he he hosf' 0s Hy honest men and the that is as
serted is that there are some men cnE"5bli Eblic The
same assertion may be made with equal @ un't ard
every business. Because some coal 9'doe daiore in
venders I'm sugar cheat IN Wt.en' " hae NOT been
psints and oils IN measurements II mas H.. ~. for
thought proper m'hSTt% 'cb 10 bnsness unless they
have been appointed agents by the COZ Poi"''0'
inTho'sC,u, anu in con,rsventon of the State Con
stution. ana is void unless its enac,en' ~ ~ he
police power Ii may be conceded that 1t G IS wn LINN
ihe mower Of the LeCs' aturo TO regulate 'lc MAJ"
Nv itD which certain kinds Of business may he
Conducted tina, It may require one seeNls cSrsc @
engage I'm a given pursuit 10 secure Stdt' IIC'l-r
ord nav a IN and may require that the persons
So desiring snail be competent and morally 9uaH,
red But none Of these methods were adopted. no
ATTEMPT Is made 10 exclude persons OF pau Ctlal t
acter from the right 10 engage IN ms r ouSIles ~
nor are the public authorities given the power 10 10
deterrinc the character Of such persons Du' w
,ransno~taiion companies alone are vested WIN
10 rioUcr 10 all ow whonsOevcr they wish 70 en-.
gage in ne business. To cut root ana aranch n
1,Si,ess :ha, NAV be honestly conducted 10 NC
pIs.,..I''-fo,'o ~ .ha puh, and the profit Of the
nersons engaged in il Is beyond legislative power
The dissenting opinions assert that the Ia" WAS
,,i,hin tho propor police power Of the State.