Evening journal., 1900-08-09
BIG BLOW TO sCALPERs

The SUPERIOR Court of Pennsylvania
has affirmed the consututionality Of
the Pennsylvania statute for the pro-
lection OF travellers against ticket scalp
ers It was in answer to an appeal
from the Court Of Quarter Sessions in
Allegheny county in the case of the
Commonwealth VS.. Keary. The dec'-
sion Of the Superior Court was handed
down by Judge William w. Porter, who
said. In part:
The act does not impair 1.-THE obllga-
ton of contracts" since the contracts
alleged 10 be affected by the act had
no existence until nearly forty year 5
after its passage The act does not
violate the constitutional provision re-
specting Interstate commerce. IL is notI
an attempt to make a rule affecting in
ter-state commerce. 1t is apolice regula-
ton affecting the person and conduct
Of those attempting to do certain acts
which have been forbidden under pen
atty. Legislation may. in a great
variety Of ways. affect commerce and
persons engaged in 1t without consti-
tutlng a regulation Of it within the
meaning of the Constitution" Hall VS..
DeCuir, 95 u. S., 4S5. The act IS not inl
violation of the provision OF the Four
teenth amendment. Neither the
amendment broad as It Is, nor anvl
other amendment. was designed 10 in-l
terere with the power the state. some-l
times termed the police power. tol
prescribe regulations to promote the
health, peace. morals. education. and
good order of the people," Barbierl
vs.. Connolly, l13 u. s.. p. The act oil
1868 does net abridge any privilege orl
rieht secured TO citizens, either by thel
Constitution of the United States or byl
chat OF the Commonwealth; nor does it'll
deprive any OF property without due
process OF law. 1t does not deprive thel
holder OF a railroad ticket OF the un-
used portion Of It. IL regulates the salel
and requires the company issuing tol
buy. The regulation 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 thel
holder OF an unstable unused portion
OF ticket a customer i'm the company
Issuing IT, The purchaser OF a railroad
ticket takes 1t subject to such reason !
able restrictions as the law may inn
pose upon the public business of thel
carrier. The purpose OF the act Is tol
prevent fraud. 10 is recited In the pre- |
amole that Whereas. numerous fraudsl
have been practiced uDon unsuspectingl
travellers by means OF the sale. by I'M
authorized persons, Of railway and
other tickets The appellant Is not in /
the position Of one innooently sellinganI
unused portion OF a ticket bought I'm |
good faith. He is cOnfessedlv conduct |
ing a business at which the act of as
sembly directly strikes. and which the
legislature has said is prolific OF fraud
ulent results. The appellant is not de-
priVed of any property OF which he As
honestly the owner. nor is he prevented
from prosecuting "a business Of q kind
recognized by the law as respectable.
ne PRIVILEGES and immunlues protect
on Dy the Constitution are subject to-
such restraints as the government may
prescribe Tor the general good Of the
Whole people. The appellant has. there |
iore' norlglnt TO cOmplainof the resfric-
tiun put upon his business. which has
peen stigmatized as conducive to fraud-
ulent acts and practices.
''-' '"'N"iit vi lut test case is quite
victory, more particularly for the
pennsylvania Railroad Company. which
has been unceasing in its efforts TO
break up the ticket scalping business.
Repeated attempts have been made
by the railroad companies to induce
Congress to enact a statute to protect
them against these middle
men, and the Interstate Com-l
merce Commission has added its
recommendation to those efforts, but
the scalpers persisted in their prac- |
tices, being organized to resist assaults
on their nefarious business. While the
establishment Of the constitutionalitv
Of the Pennsylvania salute of 1863 is
step In the right direction, the only
real relief against scalpers will be
found in action by Congress, which
will bind all the states and territories
to the observance Of a general law
against an unjust traffic.