The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1904-08-06

ing JUDGE Parker. came 20 the assist
ance ~ the railroad in defining tn,
rights Of passengers and railroad.
under certain conditions.
AT the station where Monnier board
ed the train the Office was closed: n,
could not lind the agent and had n,
opportunity to buy a ticket He tend
cred the regular fare to his destina
ton anil the conductor insisted upon
collecting FIVE cents extra imposed b,
statute es a penalty for failing to pur
chase a ticket al the station. Iio re
fused TO pay, and the conductor. with
violence, elected him. He brought
suit to recover damages for assault
and battery but the court held thai
,he fact that railroad passenger. by
reason of the absence Of the ticket
agent. is unable to procure a ticket
before entering the train, is no msti-
fication for his forcible resistance Ia
an election therefrom when. having
refused 20 pay the additional fare re-
Quired Of passenger without a ticket
by rules OF The company. the conductor
demands such payment
A case sustaining another provision
Of the labor law of 1897 was that Of
Marino VS.. Lehmaier, decided in Feb
ruary 1908. and reported in IT'S N. Y
$50 AS usual with the court OF ap-
peals in Important cases. the mem
hers were divided, standing five to
two. and Judge Parker was with the
majority The ruling was that the
section in question. prohibiting the
employment of a child under the age
of Ia in any factory in the state Of
New York, in effect declares that a
child under the age specified presum-
ably does not possess the Judgment.
discretion, care and caution necessary
for the engagement in such a danger
Gus avocation, and therefore is not.
as matter of law, chargeable with
contributory negligence or with hav
ing assumed the risk of the employ
ment. Any violation of this law was
declared a misdemeanor and II the
plaintiff was injured the proprietor
was not relieved from civil liability
for injuries sustained.
Judge Parker's ideas Of the growing
custom OF big corporations and cor
porate interests which are able to
dominate legislatures and secure the
Of laws in furtherance of their
own interests are expressed in the
case of the People ex rel Tyroler VS..
Warden of Prison. The railroads and
transportation companies OF New York
IN order to stamp out ticket scalping
by brokers. had passed in 1897 a stat
ute making it a crime for anyone not
by a common carrier to
sell a ticket Any ticket agent in New
York could act as the agent for any
railroad Or steamship company in the
world and engage in the business law
fully.
As was usual in important cases.
The court OF appeals was divided four
to three. Judge Parker being with |
the majority and writing the opinion. |
It was held that this remarkable |
statute" as Judge Parker called It,
which prohibits and subjects to pun
Ishment as a crime. the selling OF |
tickets for passage on vessels or rail |
road trains, by any person except com
mon carriers and their specially auth |
orized agents. transcends the police
power and violates the constitutional |
of civil rights and privll.
eyes and of liberty insofar as II und-
srtakes to prohibit citizens of the
state from engaging in the business
# brokerage Of passage tickets.
lp his opinion Judge Parker uses the
ollowing language:
1T is asserted that the travelling
,ublic and the transportation com
'anies have been so defrauded by the \
icts of the brokers in the selling OF
nused passage tickets, as to call for
egislation Of protective character,
# which tlis statute is the outcome
The tendency Of the times undouhted-
y is TO rush to the legislature for a
'ure for all the grievances Of eiti-
ems. whether real or imaginary and
many novel experiments in legisla
ion are the result But usually In
ases Of wrOags penalties have been
rovided IT is novel legislation, in
eed that attempts to take away from
Il the people the right to conduct a
iven business because there are
'rong doers in it. from whose conduct
he people suffer-
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