The Montgomery advertiser., 1905-01-29
scaIpers and Carnival Business.

SSOARNAD anu NAEMAVaI nuHtmGSes
 In regard to the local law against scalpers in New Orleans and the pro- posed operations of that class of gen. try during the mardi gras in the Cres- cent City a paper of that town says:
 The erroneous impression that no preventive injunction exists against the operations of ticket scalpers !u New Orleans has apparently been giv- en birth by recent announcement in the railroad columns of d local paper. It was stated, and very wrongly too. by this railroad editor, that there was noE8njunction alive to prevent the scalpers bartering in the special mardi gras rate tickets and that for this req son the railroads-the Southern Pa cific more particularly mentioned will not grant the reduced rates that nave been in vogue for a time imme- morial. For the benefit of those who are forced to rely on newspaper com ments for the source of their informa- tion, 1t might as we'll be said that this Is entirely erroneous,
 The recent decision of Judge Par lange in the United States Court made absolute the temporary restraining or der which Judge Boarman issued just one and two years ago in the cases of the Confederate reunion and mardi gras rates. The court coincides entirely with the views of Judge Boarman. It considers the non-transferrable excur- slon tickets entitled to the protection which the contract written on them embraces and pronounces the tickets sacred as between the railroad corpo- ration and the passenger, forbidding the sale, barter and transfer of same 10 or by any other save the contract ing parties. The injunction unuues- LlOnaDlV covers the nvf mardi gras traffic. and so far as that particular business is concerned, 1t is entirely satisfactory to the railroads
 The lines had hoped to secure from tne court a general, sweeping injunc- tive order which would cover all non- transferable excursion tickets issued by the roads at any time. This, how ever. Judge Parlange declined to do, III the absence of any precedent upon which to base his decision he was ua- Willing to go on record as creating A precedent on question upon which his mind was not entirely clear. The only case that might be taken as a ruling Tn the question Is a decision of the Supreme Court of Missouri and this is apparently not entirely acceptable as a precedent, since the court was di- vided upon the subject.
 It is not yet known what action the railroads will take to prosecute the nght toward the end that they have in Vlew-the eradication of the scalpinr business. The heads of each of the mes In New Orleans have reported tho decision to Headquarters and as there Is no reason why action should be pre- clpltated at once, it is possible that no move Will be made by the roads until a1ter the mardi gras business has been moved. The restraining order revived by Judge Parlange covers all the ex- actions of the mard1 gras special rates If those of the scalpers now doing bus mess in New Orleans should undertake 10 Vlolate the order they will find themselves up against the same game that resulted in their complete disor- ganization two years ago. The pas- senger men were on that occasion .x- traordinarily active and landed three Of their frisky prep in jail in addition 10 securing the heavy Infiiction of fines.
 Entirely at variance with the inn pression conveyed by the announce- Hlehts made so far comes the official announcement of mardi gras rates to New Orleans The Southeastern lines. without exception, and the Southern Faclhc Railroad have formally an- nounced the sale of special non-trans- e SIOH 'iChStS at rate Of one rare plus 25 cents for the round trip from all points south of the Ohio ana Potomac rivers into New Orleans 1hese tickets go on sale next month ana are the same IS have always been granted this city on the carnival Ne,S orleans will therefore lose nothing on It's mardi gras this season. The rail roads have. at the expense of their own energies. to protect their interes. .s against the scalper for this occasion at least, and there will be no variance from the conditions that prevailed on previous mardi gras."