The New York herald., 1920-01-06
Ticket Speculation Law Held
Invalid; Gouging Free for All
Judge Rosalsky Dissses Convictions of Spectators De
carng the Ordinance Unconstituonal Blames Conditions
Public and Says Theatre Managers Can Effect Reform

In dismissing convictions by magistrates
OF Leo Newman and Louis Cohen. ticket
specuiators. on charges of violating the
rew city ordinance regulating the sale of
theatre tickets. Judge Otto A. Rosalsky,
Yesterday in General. Sessions, declared
the entire ordinance unconstitutional on
the ground of it's interference with a busi-
ness not public enterprise.
Newman and Cohen were arrested sew
erai months ago when they refused to
obtain licenses at cost of $50 each to
carry on ticket speculating agencies, as
provided by the new ordinance. which was
passed by the Board of Aldermen and
signed by Mayor Hylan in December 1918.
On their conviction ip the Magistrates
! Courts they We're paroled in the custody of
their counsel. pending the decision~on ap-
peals which they Immediately filed in
General Sessions.
In defence of his clients Louis Marshall,
at hearing on the appeals, declared to
Judge Rosalsky the new ordinance was
unconstitutional because, in preventing
the sale of theatre tickets for more than
fifty cents Of it's face value. plus a war
tax. the action of the Board of Aldermen
Was a Test Case.
The refusal of, Newman and Cohen to
pay license fee was announced at the
time to be leading up 10 test case. Had
Judge Rosaisky upheld the decisions of
The magistrates in each case Newman
and Cohen, under the ordinance would
he liable to a maximum fine of $500 and
imprisonment for one year
Immediately after Judge Rosalsky made
known his decision Edwin p. Kilroe, AS
sstant District Attorney. who drew up the
ordinance. had a conference with Edward
Swami, District Attorney, and it was an
nounced that the decision would be ap-
,ealed in the Appellate division of the
Supreme Court, and, if it is upheld there,
will be carried to the Court of Appeals
Of the State.
Mr.. Kilroe declared the action OF Judge
Rosalsky will have no effect OH a pre-
ceding ordinances which prohibits the
sale of theatre tickets In public Streets
He said that while no, further attempt
will be made to interfere with, ticket
''peculators charging. any price they de
sire for theatre tickets. the police will
fe instructed to arrest sidewalk specula-
tors
''Inasmuch as the business Of a theatre
10 not public enterprise affected with
the public interest" said Judge Rosalsky
in making known his decision, then it
must necessarily follow that the business
Of it's offshoot--the ticket speculator or
broker-cannot come within that category.
Admits Evil OF System.
81 am not uuappreciatitve OF the fact
that this ordinance was >assed IN answer
10 a widespread public demand to pre-
vent ticket brokers from charging ex-
tortionate prices for Admission to thea
tres where popular entertainments are
produced, the result being that persons
of ordinary means find itralinost impos-
sfble to purchase tickets for such plays
or are required to wait weeks, If not
inonths, before the privilege Is accorded
TO them to witness such performances al
a reasonable price.
Both the theatre and the ticket specu-
lator thrive because the public is Wiling
to pay any excessive price that may oe
asked.
"There is no doubt that the evil flowina
from this business should be corrected
but the relief. unfortunately. for the rea.
sons already pointed out. cannot cofne
through the courts, for the courts are