Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1900-08-09
The End of Ticket scalping.

The Superior Court. III its decision on
the case of Com. VS. keary, indicted for
ticket scalping. under the Act of 1868
and who challenged the constitutional
ity of law, recites the previous conten-
tiOns regarding this law, and re-atfirms
it, This decision concludes as fol
lows
The Act of 1868 does not abridge any
privilege or right secured to citizens,
either by the Constitution OF the Unit
ed States or by that of the Common
wealth; nor does it deprive any of prop
erty without due process of law. 1t
does not deprive the holder OF a railroad
ticket of the unused portion of it. 1t
regulates the sale and requires the com
pauy issuing to buy. The regulation
NAV. 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 unsala-
BILE, unused portion of ticket a custo-
mer in the company issuing 1t. The
purchaser of a railroad ticket takes its
subject to such reasonable restrictions
as the law may impose upon the publlC
business of the carrier. The purpose of
the Act is to prevent fraud. 1t is reclt-
ed in the preamble that, Whereas.
numerous frauds have been practiced
upon nnsuspecting travellers by means
of the sale, by unauthorized peesons, of
railway and other tickets. The appel
liant is not in the position of one limo
Gently selling an unused portion of q
ticket bought in good faith. He is con
fessedly conducting a business at which
the Act of Assembly directly strikes,
and which the legislature has said Is
prolific of fraudulent results. The appel
liant is not deprived of any property OF
which he is honestly the owner, nor Is he
prevented from prosecuting business
of kind recognized by the law as res
pectable. The privileges and immunl-
ties protected by the Constitution are
subject to such restraints as the Govern
ment may prescribe for the general coed
of the whole people. The appellant
has, therefore, no right to complain OF
the restriction put upon his business,
which has been stigmatized as conduc-
i've to fraudulent acts and practices.
To those not familiar with the evils
which have led the legislatures of Penn
sylvania and other States to pronounce
the business of ticket broker or
ticket scalper' fraudulent and punish
able. the examination of the reports OF
interesting and instructive. (See Inter
state Commerce Reports (Co Op ed. J,
vol. Xf., page 345; vol. Ill. page 1858.
An excerpt from the last citation may
be found in Ray on Passenger Carriers,
1857 The facts and figures given are
astounding; they are too voluninous to
embody here. The impression made on
the minds of the Commission is evinced
by the expressions contained in the an
nual report for 1890 page 364). Some
of them are as follows: In whatever
aspect ticket scalping may be viewed,
it is fraudulent alike in its conception
and in its operations.
Fraud, therefore, is the incen-
tive to the business
One might suppose that Il
practice of this character could po
more be defended than larceny or for
gerry, but, strange as it may appear, II
is defended before legislative bodies and
elsewhere, and the right to carry 1t on
unmolested is demanded" While to
the legislative body may be conceded a
large discretion in pronouncing upon
the moral character of the acts III res
pect to which they have legislated, yet
is the corroboration of their judgment
acceptable from source created by
National authority, with National
opportunity and obligation to obtain
accurate information. Thir reports
further show that, the evil appearing
great, the Commission have, on more
than one occasion, advocated the pass
age oflegislation by Congress, not differ
ing greatly from the Pennsylvania Act,
in order that the business of the ticker
broker might be stamped out by Nation
al authority
Finding no error committed by the
court below, the Judgment is affirmed
and the record is remitted. that the
sentence imposed by the court below
NAV be carried out