In re O'Neill

Citations

• 41 Wash. 174
• 83 P. 104
• 1905 Wash. LEXIS 1088

Syllabus

<p>Statutes — Title oe Act — Sueeiciency. An act entitled, “An act to prevent fraud upon travelers and prescribing where, how, and by whom railroad tickets shall be sold,” etc., is sufficient to embrace provisions prohibiting the business of ticket brokerage except by authorized railroad agents.</p> <p>Constitutional Law — Police Power — Prohibiting Sale oe Rail-, road Tickets — Licensed Agents — Statutory Regulation. Laws 1905, p. 376, providing that none but a duly authorized agent of a railroad company shall be permitted to sell railway transportation, does not deprive a citizen, who was already established in such business prior to the enactment of the law, of property without due process of law, or unduly interfere with his liberty to pursue his occupation; since it is a valid exercise of the police power to make reasonable regulations to protect the traveling public and prevent the perpetration of frauds in the sale of railway tickets.</p> <p>Same — Equal Protection oe Laws — Special Privileges. 'Laws 1905, p. 376, prohibiting the business of railroad ticket brokerage, and requiring railroad companies to duly commission all agents authorized to sell tickets and to redeem unused tickets, does not deny the equal protection of the laws, since it rather imposes duties upon, than grants special privileges to, the railroad companies.</p> <p>Same — Delegation oe Legislative Power. An act making it a misdemeanor for any one except authorized agents of a railroad company to sell railroad tickets, and requiring companies to commission their agents, is not unconstitutional as delegating to the companies the power to say who are guilty of the offense by issuing or withholding the authority.</p> <p>Same — Statutes—Partial Uncónstitutionality. The unconstitutionality of part of an act imposing the burden of proof upon the accused would not affect the balance of the act declaring the selling of railway tickets by unauthorized agents to be a misdemeanor.</p>