The Delawarean., 1900-09-01
THE "PENNSY" CONTINUES
WAR ON TICKET SCALPERS.
Unauthorized Persons Disposing of
Unused Railroad Tickets Now
Liable TO arrest

has a1hlmed che conslieuuonality oi
the Pennsylvania statute tor the pro
lection of travellers against ticke
scalpels. 1t was in answer to an an.
peal from ithe Court OF Quarter Ses
sions in Allegheny county in The CASE
of the Commonwealth vs. Keary. The
dsoAsion of the Superior Cburt was
handed down by Judge William w
Porter, who said, in part:
The act does not impair "the obliga.
tion of contracts" since THE contracts
alleged to be affected by the act haG
no existence until nearly forty year.
after its passage. The act does not
violate the constitution provision re-
specting Interstate commerce. 1t is
not an attempt to make rule affect
ing Interstate commerce Ii is po-
lice regulation affecting the person and
conduct of those attempting ito do cer-
tain acts which have been forbidden
under penalty. Legislation may, in
a great variety of ways, affect com
merce and persons engaged in lit
without constituting regulation of it
with nthe meaning of the Constitu-
tion:" Hall VS.. DeCuir, 95 U. s., ASS.
The act is not in violation of the pro-
vision of the Fourteenth amendment.
Neither the amendment, tbroad as it
is, nor amy other amendment, was de-
signed to interfere with the power the
State, sometimes termed the police
power, Ito prescribe regulations to
prom'ote the health peace morals, edu-
cation and good order of THE people. y
Barbier VS.. Connolly, lib U. S., 81. The
act pf 1868 does not abridge any privi-
lege or right secured Ito citizens, either
by THE Constitution of the UNITED
States or by that of the Common
wealth; Nor does lit deprive any of
property without due process of law.
1t does not deprive the holder of
railroad ticket of the unusued
portion of lit. 1t regulates
THE sale and requires the
company issuing Ito buy. The regu-
laItion may, in some cases, result in
the holder receiving less than would
be paid by an individual buyer. On
the other hand, the act gives to the
holder of an unsuitable, unusued nor
tilon of ticket a customer dn the com
pany issuing it. The purchaser of a
railroad ticket takes it subject to
such reasonable restrictions as the law
may impose upon the public business
OF the caTrier. The purpose of the act
is TO prevent fraud. is recited in the
preamble that, Whereas, numerous
frauds have been practiced upon I'M
suspecting travellers by means of tbe
sale, thorizedpersonsyo yof railway
and other Tickets" The appellant is
not in the position of one innocenflv
selling am unusued portion of a ticket
bughlt in good faith. He is confessedlv
conducting a business at which the act
OF assembly directly strikes, and which
the legislature has lid is prolific of
fraudulent results. The appellant lis
not deprived of any property of which
he is honestly the owner, nor is he
prevented from prosecuting a business
OF kind recognized by the law as
respectable. The privileges and inn
protected by the Constitution
are subject to such restraints as the
government may prsscribe for the
general good of the whole people. The
appellant has, therefore, NO right to
complain of the restriction put upon
lis business, which has been stigma !
lied as conducive to fraudulent acts '
md practices. {
The outcome of the test case is quite ,
victory, more particularly for the :
pennsylvania Railroad Company. :
which has been unceasing i'm its efforts
% break up the ticket scalping busi-
ess.
Repeated attempts have been made
" dhe railroad companies Ito induce
congress to enact a statute Ito protect
hem against these middle men and
he Inlter-Stat Commerce Commission
las added its recomm endations to
hose efforts, but the scalpers persisted
their practices, being organized to
esfst assaults on their nefarious bust
ess. while THE establishment of the
onstitutionality of the Pennsylvania
taItulte of 1863 is step in tine right
irection, the only real relief against
calpers will be found in action by
which will bind all the
'bates and territories ito the obser-
ance of a general law against am un-
lst traffic.