El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-06-27
THE ANTI-SCALpIN6 LAW
Decision Declaring 1t UnConstltu
tlonal Creates Surprise.

tlonal Creates Surprise.
| The decision of the court of appeals,
holding that the anti-scalpers' act OF
1898 is unconstitutional, has been of
more than passing interest in railroad
circles in Houston, where q strenuous
effort was at one time made to enforce
| the provisions of the act. f--~
Shortly after the passage OF the law
| q prominent ticket broker OF Houston
| was arrested for it's violation. The
Judge of the criminal district court was
absent when this arrest wes made and
the scalper's attorneys applied to the
civil district judge for writ of habeas
corpus. The plaintiffs attorneys took
the position that the act under which
the arrest was made was demonstration
al and void. -ls ~E1
The case was argued at length, and
the opinion of the supreme court Of
Indiana, and of an appellate court of
Pennsylvania, holding a similar statue
constitutional, having been cited, it
was held in q written opinion handed
down by the civil district Judge that
the Texas act q as unconstitutional.
Under the rules of practice the state
could not appeal in criminal case of
this character and the scalper was die
charged. No further attempts were
made to enforce the act in Harris coun-
ty, but it also carried provision re-
quiring the redemption OF unused
tickets within ten days after their ex-
piration, the railroads were anxious to
secure q final decision as to the con-
stitutionality OF the entire act, as this
redemption clause operated to their
serious disadvantage, inasmuch as
s.alpers could relieve themselves of
were not salable, with no risk or loss
to themselves.
Besides this, tickets which had es-
capped the vigilance of the conductors
on crowded trains, although used by
the purchasers for transportation, were
being redeemed in large numbers by
the passengers themselves or through
the ticket brokers,
Another case of suit against the
railroad company for failure to redeem
a ticket under the act was brought up
in the county court of Harris county.
The county Judge before whom the
case was tried held that the act WAS
constitutional, but that the railroad
company WAS required to redeem tick |
cts only when presented by an original
purchaser. The plaintiff took the case
to the court of civil appeals, which az |
firmed the Judgment of the lower court
and took exactly the same view of the
matter that the lower court did. On |
account of the amount involved the /
case could not be carried tc a higher
court, however. $40. .. .-.ss-
In still another case, ticket broker
in Houston sued the Texas and New
Orleans railroad for the value of a |
ticket and for $500 penalty for failure
on the part of the railroad to redeem
the ticket when presented. The evil
dence showed that the original pur-
chaser had in fact travelled on the tick
ct, but that the conductor had failed
to take it up and cancel it; and after
the purchasers arrival at destinat
he presented the ticket to defendants
agent for redemption, which was re-
fused because it had already been used.
Thereafterwards the purchaser sold
it to the broker, through a scalper,
without notice that the ticket had
been used. The defendant, among
other things, made the point that the
act under which suit was brought was
This was done to
have the disputed point settled.
The trial court held that the act
was constitutional, but; that the ticket
could be redeemed only in the hands
OF the original purchaser. ste...s =. 70
The case in which the court of ap-
peals has just handed down its decision,
to the effect that the aot WAS unconsti-
tutional, was drst brought up In the
district court of Bexsr county, which
decided the aot to be constitutional.
From this decision the defendant ap-
pesled. Il Is more than probable that