New-York tribune., 1920-01-06
Judge Rosalsky DeclaresKil-
roe Measure Errs in Plac.
ing Price Limit; Against
Letter of Other Statutes
City Will Press Appeal
Bona Eide Agreement Be-
tween Managers and Spec.
ulators Urged as Remedy

Ahe city ordinance passed by the
Board Of Aldermen to regulate the
operations Of ticket speculators was
declared unconstitutional yesterday by
Judge Otto A. Rosalsky, of the Court of
General Sessions. He held that the
price fixing and licensing provisions Of
the ordinance were invalid.
His opinion was handed down in the
case Of Leo Newman and Louis Cohen,
convicted in magistrates court Of vio-
lating the ordinance.
"The Judgment Of CONVICTIONS as to
each Of the defendants is reversed"
said Judge Rosalsky, "and inasmuch as
no new prosecution can be maintained
successfully, the charge against each
defendant also is dismissed"
City to Press Appeal
Edwin P. Kilroe, Assistant District
Attorney who assisted in the prepara-.
tion of the aldermanic measure, and
who has had charge Of the fight against
ticket spectators, announced that he
would take the decision Of Judge Rosal-
sky to the Appellate Division, and ex-
pressed confidence the law would be
upheld.
If the measure is held invalid in tho
Appellate Division, Mr.. Kilroe said, the
District Attorneys Office would carry
1T to the Court of Appeals.
Fear was expressed that Judge Ro-
salsky's decision would be the signal
for gouging of the public by un-
scrupuious spectators. Pending the
result of his appeal, Mr.. Kilroe an
nounced, state regulations holding side
walk Speculation illegal would Be en-
forced and that his Office would CO.
enforcing national laws regulating
ticket speculating. These call for q
90 per cent Federal tax on all pre-
miums above SO cents over the face
value of tickets. The Federal law ad-
mlttedly is obeyed only by few brok-
ers Of high standing.
Says Public Is to Blame
II am not unappreciative," said
this ordinance was passed in answer to
a widespread public demand. Both the
theater and the speculator thrive be-
cause the public is willing to pay any
excessive price that may be asked.
"Rellef cannot come through the
courts, for the courts are merely the
interpreters OF the law. The remedy,
in my judgment, can come from the
producing managers Of the theaters
through the medium Of contract en-
tered into between the managers and
ticket brokers to sell tickets at reason
able prices.
although this legislation is attrac-
tive and desirable and meets with pop
ular appreciation, courts are not per-
mitted to approve legislation which
clearly lnfringes upon the letter and
spirit Of our Constitution. The bust
ness Of ticket speculator being con-
cededly lawful, it is therefore under
the constitutional protection. The in
alienable right Of every citizen is to
hold and enjoy his property until it is
and when one is restricted in the sale
Of his property on terms which are
pretudicial to him it Is tantamount to
depriving him Of the enjoyment Of the
same"
ziegfeld Doubts Value Of Plan
At Tyson's and McBride's ticket
agencies it was stated last night that
the terms Of the city ordinance limit
ing the excess charge for tickets to
80 cents over the box Office price were
still being lived up to.
Florenz Ziegfeld jr., producer and
arch-enemy Of the speculators, de-
clared that Judge Rosalky's suggestion
that scalping could be ended BY the
producers entering into contracts with
the spectators to regulate prices was
not feasible. A majority of the specu-
lators had been disregarding the ordi-
nance. even before Judge Rosalsky de-
clared it invalid. he said. adding that
boxes were sold on Thanksgiving and
New Years nights and on the evening
after the Army Navy football game for
as much as $40o and $500. He added
there never had been any effort to
compel obedience to that section Of the
Federal law requiring the name of tho
speculator and the selling price
to be stamped on each ticket.