The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1867-06-01

OvsIcs Cirr ATTORNEY,

Non. +. Heath, Mayor Of New CIR
lsaas
siR In answer TO you COMM.
sicstioa Of even datc, rsqssssisg ny
opinion relative 10 the right of pro.
nristoss Of ssise houses, rssaauraats,
tAsstes, manager Of public halls
etc, to refuse the selling Of their
merchandise, or admit.ance into heir
establishments, to any portion OF
Psstions Of citizens" have The hon
or to submit that l entertsin no
doubt Of the legal right Of the par
ties above enumerated, either to ~.
fuse tho selling or sdaistaace 10 sky
portion Of citrens OF inhabisants.
There is nothing either in s
terms Of their licenses or IN any
special legislation u the country,
obIigating them TO sol! " or receive
every or any ono. They have the
right TO close their shows, shops, or
establishments in toto, and they have
the same right TO choose and deter.
mine who should be their customers,
who should be- sdniited, and what
terms and conditions. These estab-
lishmen,s are not public property.
Although e6cetng remuneration
from the patronage Of the community
at large, they are nevertheless private
property, owned by private indigA-
usls or private corporations, aud sSb.
jcct to such rules and regulations n
the proprietor may deem proper v
adopt. The coffee house or tho res
taurant owner can no more be com.
PEELED TO xcll than can the merchant,
and the manager Of y theatre or Of
public hall has ~ much right to 70.
fuse admittsnce--or, Il admittancs
be granted, to specify the place or
portion Of the building to bc occa-
pied, as has the physician conduct.
ing private hospital.
These csses di6sr widely from
those arising ont Of the obligations
Of carriers, or whore certain priv
ilegcs arc granted by special lesisIa.
ton, and even in those the principle
above euunciatsd Is recognized.
In the case Of Day vs.. Owen, cited
in the 9Th Michigan reports, Cooley,
p. $50, the plaintiff was 4 negro. The
court held that the dcfe dant Would b
liable for general refdsal 10 carry
the plaintiff, unlea he should show
some excuse releasing him from the
obligation. TN riyM to Le earriui
cannot be touched BY rules and reg.
ulations, but TIC pririlsyss and oceo~s-
mosiof'os Of p,asawgers, while bsiag
transported, arc subject to such rules
and regulations - the carrier may
think proper to make, provided they
be reasonable. A refusal to allow
plaintiff tho privileges Of the cabin,
on his rendering cabin faro, was
nothing more or lsss than denying |
him ccrtian accommodations from
which he was excluded by tho rulc~ |
and regulations Of the boat Tho
law does not require = carrier to
mako any rules whatever, but II can
not deny him the right to do 10, IL
he deems il for Ais interest.
In the case u Roberta ". tho city |
Of Boston, 6th Cushing, (Mass. re-
mort n i04. Judga Shaw read thu d.
child, commenced tho action BY her
father and next friend, against TIE
city Of Boston undes the ststate |
which provides that any child IN
lawfully excluded froa public ssheol
10 this commopvsalth,
shall recover damages therefor Ia IN
action against the city or towp BY
which such public distraction ID sup
ported. Tho qusstiea therefore Ia,
whether upon tho facts agrecd upon,
the plaintiff has been uslavfally sx-
cluded from such Instruction.
This great prsacipls advanced by
ths learned sad slsqsspt advocate Of
the plaintiff, b that BY tho Coas<itu.
ton snd Laws Of Massachusetts,, oil
psnons, without Distinction Of age
or sex, birth Of eelor, origin or con
dition, arc sqnal bafore tho Law.
This, A. gsssral broad principle,
such ~ osght % appear in declara'
ton Of rights, u perfectly aosnd il
il not only sspfsaAsd in ,srns but,
pervsdes and aainatss the whole
spirit Of our Consultation Of the
Government. Bat VIXEN this great
prisciple soras TO bs applied 70 the
actual and ysrioss conditions y pcr.
sons in society, Il will not warrant
the assertion tAsi men and women
arc legally sletAsd with the saps
civil and polkiaal powers, and Aat
children asd aAalss are legally 70
have ~ same functions and b. sub.
ject 10 the saas trsatnsst; but oaIy
tAa. The rigAts Of ali, ~ they -
settled an1 sagulatsd BY Law, an
equally sstilla1 to the patsrsal con.
sidsrsiioa sd protection Of the laws
for their maintenance and security.
What thoss sighs ~ " which iadi'
viduals, In ~ islaits varsity Of cir.
ss.stsacss By Which thsy are sur.
reusdsd il sesisty, Ass sntitlsd, usst
dspsaa upsa h~s sdspesd 70 tAsas
rsspsstivs ssaGlioas asa sssditioss.
In he ahskess II special lssis1a-
Non on this Meet, the Law hss fsst-
q ths povse,in The Coamitsss 70
regulate ~ sysasn Of aisasibstlss
ssd csassi1ssAjes, asa whsa this pew
~ 10 reasonably exercised withsst
bsiag absssd u perverted By color
able pss>seeeA ~ 4ssisioa Of the
COMMITTEES man1 b. deemed e0ssla-
sive. The obnnittss sppssssdy,
upon great As1tbssstisu, have sene
% tho conslasion that the ges4 q
both claasss 4 schools will b ~
premotsd y nsisasinisg ths ssps-
rate primary sshools fss colossd and
for vhite sksblsss, ssd ~ eas pss-
esivs 10 afsusA V doubl hat ~ ,
III hsssso result II ths1s szpssieeae
ed js3gsnsaA"
"Os ~ vhels the ssurs - u
spisisa ~ upsu ths hets stsasd,
tic aslisa mua1 - asintsinsd. y
IL ~ sess II ~ carrier NJ s1en~
nos Isv 49, y esaisstssy sPos Ata
70 carry ~ pasnsgsss, - y ~
CASE Il ~ ssAssl t6s spsdsi la9isae.
aos psspsstsd 70 - = assof a oil
slassss --"aay child"--hov nuh
| grssase tAsss6bss The vight shs4
thsrs y asjahss Nv aes lagslse3ss
ssnpslliNg ~ asls " saaielseee
ut - - ssstsasy . FslPahae y
slatisa - psvssssl ~ pstvcas siAhA.
! 10 ~ ssapsaosy sEpsslsisEsss =
pespsety-se ssvssnsese 0ssDaD.