The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-04-15
The Case az the Drummer OG Hot
springs.


In the winter of l9D7-I9Os Mr.. Al.
WILLIAMS was the keeper II boarding
house IN the city Of Hot Springs in the
state ~ Arkansas TN DeCeTnber 49,
lN'' heentered a train on the Lathe Rock
and Hot Springs Western Railway and
solicited and drrmmed the passenger,
Ia make their home az his boarding
house during their sOiourn az Hot
Sprng- This act was a violation Of
statute If ia" State Of Arkansas. in such
case made and provided and MIR Al
WILLIAMS was ther-,JrOn arrested. tried
convicted and sentenced To paw FINE.
A. first blush this seems trifling ease
to receive the consideration of the Su-
prem" Court Of the United States bu,
n was taken 10 that tribunal Oh the
ground thar the Legislature Of Arkansas
had M IroweT Ia enact such law a.
hat under which the boarding hours.
drummer was prosecuted and p'Iuishsd
b,-cau-. u deprived h,m eft liberty and
property without due legal Vruc,.-= and
al-n d"ni,'d him the equal protection Of
the law guaranteed 20 The cl'izen- ~ the
Staie~ by the Fourteenth Amendment
To- he Federal Constitution
The ease was decided last week. the
opinion being written by Chief Justice
FULLER who shows no lack Of intel
lectual vigOr. notwit hstanding the en-
f'ebled condition If his health The
supreme Court holds squarely that
state pos-s-ss,,s constitutional authority
10 enact laws forbidding drumming on
railroad trains for any hotel lodging
house. eating house. bath house. phvsi-
CIan. maSseur. surgeon or other medical
practitioner Such Legislation IL a
valid exercise Of the police power Of the
state IL may not be condemned "a
unconstitutional unless il Is utterly I'M
reasonable or unless il is based upon n
classification which has no foundation
in reason. The defendant contenCied
that tho classification Of the Arkansas
statute was unreasonable because IL an
piled onlyto drummer ~ for certain speci-
fed sorts Of business and omitted COM
mercial travellers from it's operation.
The State Supreme Court answered this
objection In language which Chief Jus
iice FULLER quotes with approval. a.
follows:
The Legislature In framing his STATUTE met
= condition which existed and not an Imaginary
improbable one The class ~ hrummers OF
solicitors mentioned IN the set are doubtes. The
only ones who ply thsir vocation 10 any cHten, on
railroad ,rsins u Is rare nat the commercial
solicit trade trains. therefor the lawmakers
doomed II unnecessary tn l-gisis,s aEains, an
n~cAsional act ~ hSt kind
The supreme Court 81 the United
States alsO expressly sustains the Ar
kansas supreme Court in Assert ing the
power of the Legislature "a enact laws
Ia promote the comfort and convenience
of passenRer4 on railroads. even though
such laws NAV 10 some extent restrict
freedom 81 action on the part Of the citi-
rem in matters which involve no element
If wrongdOing in the domain of morals.
The argument is well stated:
THIS statute 4 not an unreasonable rrstric.
ton upon the privilege on~ should rniDy o. M.
nrf' for hts lawful business which n - riEhuy
NJ Red - an Incident io any business II dres not
prevent any one from advsEsisans his bualnras or
from soliciting patronage. sHcrpt upon trains. sc
rhis privilege - denied him for the pubiic good
u Il principle which uBd~riI~s every REASONABLE.
exercise ~ the police power that private right
must yi~Id 20 the public welfare"
This decisiOn sustaining the Arkansas
statute against d7ImmerS on railroads
~ in all respects analogous tn a deci-
zion rendered by the Supreme Court a
few yeSTs ago UNFOLDING an act II the
Legislature in the same State which for