El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-08-13

not belong to him in order to make 6
living these days oan find far easier
and less dangerous methods of doing so
The forger, the embezzler. the
lightning rod man, the street faktr and
tlemen make more money and stand a
hundred chasees of rem aiming free to
the train robbers one. Yes, this &C.
cupation has fallen into disrepute and
it's paths lead almost invariably 70
death or the pen and the man W ho will
follow it In this advanced age OF civil
cation IL . FOOL
An Important ScaIping Decision.
The superior court of Pennsylvania,
in deciding the case of Commonwealth
vs.. Keary, has affirmed t1e constitu-
tionality of the Pennsylvania statute
for the protection of travellers.
The decision, which Is most ill.,
DO tsnt and inter estipR one, sffects
both the pub and the railroad com
panies, since it secures to the latter
the right to the exclusive sale of their
tickets and thereby safeguards the
at the hands of irresponsible traders in
the various forms of railroad transpor
tation. Keary, the Appe liant in the
case, WAS ticket soalper in Pitts. urg
! and challenged the constitutionality of
the act of May 6, 1868. under which he
bad been convicted he commended that
the fourteenth amendment 30 the con-
stitution prohibited the enactment by
any state of law which abridged the
privileges or immunities of the citizens
of the United States, while he also
claimed that the Pennsylvanis statute
impaired 1.-THE obligation of contracts"
and lis an attempt to regulate COM
merce = e among the several states"
Judge Porter, In his elaborate re.
view, shows, first, that similar acts
passed by various states have had the
Ia every case, save one. the contention
has been overruled. The single excep-
ton was In New-York, where there
was involved q provision not contained
10 the Pennsylvania act. Judge Porter
holds that "the act does not impair
the obligation of contracts, since the
contracts alleged to be affected by the
act had no existence until nearly forty
years after its passage"
The act does not violate the constitu-
tionsl provision respecting interstate
commerce. 1t is not an attempt to
make rule affecting interstate COM
merce. It is q police regulation Affect |
ing the person and conduct of those
attempting to do certain acts which |
have been forbidden under penalty.
In addition to this, Judge Porter de-
oides that the act is not In violation of
the provision of the fourteenth amend
ment because that amsndment was not
designed to interfere with the power
of the state, sometimes termed the
police power, to prescribe regulations
to promote the health, peace, morals,
education and good order of the peo-
pie. He points out that, under the act,
10 ,~f
purchase the unused portion of a
ticket, SO that the holder thereof is not
deprived OF property.
The appellant, Gays Judge Porter,
"is cot in the pOaitiOn Of one innocent
~ selling an unused portion of tick IT
bought in good faith. He ts confessed
~ conducting business At which the
act OF assembly directly strikes, and
wh1ch the legislature has said is pro-
life of fraudulent results. The appel
liant is not deprived Of any property OF
which he is honestly tie owner, nor is
he prevented from prosecuting q bust
ness of a kind ognizsd by the law
as respectable. The privileges and i'm
m unities protected by the constitution
are subject to such restraints as the
may prescribe for the gen.
pellant has, therefore. no right to
complain OF the restriction put upon
hts business, which has been stigmatiz-
ed as conducive to fraudulent acts and
practices.
In conclusion. Judge Porter inveighs
with much vigor, against the evils Of
the "ticket-scalping" business, and
that business fraudulent and punish
able His views will find wide COM
and will 60 far toward ex-
an evil upon which one
branch OF congress, At least, has Get
the seal of cond shington
Post.
Sparks From The Engine
Six of the E P & n E new steel coal
,ars arrived thismorning over the T
General Inspector Herndon, of the
& 2, is here from Marshall attending
or the company.
Fireman Sullivan returned Saturday
hight from Big Springs where he has
been spending short vacation and
vent out with a freight train last night.
Frank Vernon. fireman on passenger
engine number 228, left this morning
lbsence until the first of October with
home folks.
Transfers Of Real Estate
r. w. Spence to Ben L. Young, lots
g and Il, block 10, Msgoffin addition.
Ell Paso Real Estate company to En-
nenejtlda A. Romero, lots 6 and T.
block 81, Franklin addition, fifty feet
N the south side of Missouri street.
DR.. Gallagher will not be In his Off