New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-04-28


have the right to refuse to admit persona
who Arc Of infamous character, OK who may
be guilty Of vulgar or disorderly conduct,
or 81 Acts tending to injure tho business Of
such carrier, provided that the rules and
regulations of such carriers shall mot ex-
clnde any one ON account Of race or color.
Otherwise, common carriers are forbidden
to expel any one from or refuse to admit
any one to their conveyance. The Same
rule il applied to public inns, hotels and all
places Of public resort. The law further
provides that all licenses granted by State,
, parish or municipal authority to persons en-
gagged in the business Of keeping places Of
public resort, shall contain an express con-
dition that the place of business or public
resort shall be open to the accommodation
Of all persons, without distinction or dis
Grimm nation on account OF race OF color.
Any violation of these conditions renders
the license liable to forfeiture, and the per-
son aggrieved is authorized to cue for dam
ages, exemplary as well as actual.
The plaintiff, who is the Sheriff Of tn
parish, alleges that the defendant, who
keeps coffeehouse on Royal street, refused
to supply him with refreshments because
he is o cOlored man; that the defendant
offered this indignity to him for no other
reason. He therefore claims exemplary
damages in the sum Of ten thousand dol
lars.
Another person was joined as defendant
with Walker, but the suit was discontinued
as to him.
The petition also prayed for the forfeiture
of defendants license, but that demand was
abandoned on trial.
The answer is a general denial. The evil
dence taken before the jury would hardly
have been offered to the court had there
been no jury. The arguments were effect
lively made to men disposed to disagree,
and we're certainly not intended for the
court.
The facts proved are these: The plaintiff
is reputed to be, and is colored man. He
entered the coffeehOuse Of defendant in
company with two other men-white men
and was refused drink because he is re-
puted to be and is cOlOred man.
While disputing the facts before the jury,
the defendants counsel argued that the
article thirteen and the statute of 1869 afore-
said should be held void, as cOntravening
the fourth and ninth amendments to the
constitution Of the United States. In the
charge to the Jury they were instructed that
it was not their province to declare c0nsti-
buttons and laws nall, and they were
charged that there is no conflict between
the provisions of the national constitution
and our own.
This charge was correct. The fourth
amendment to the constitution declaring
the right Of the people to be secure in their
persons, houses, papers and effects against
unreasonable searches and seizures, was in
tended to prevent domiciliary visits and
arbitrary arrests upon general warrants.
Story, sec. 1902.
The fourteenth amendment, declaring
that the enumeration in the constitution OF
certain rights ehal not be construed to
deny or disparage others retained BY the
people, rightly declares rule OF construc-
ton. Story, section 1905. The thirteenth
article OF the constitution Of Louisiana, and
the act to enforce the same, IN no way con-
1ict with these provisions Of the constitu-
ton of the nation. They are in full conso-
nance, however, with the thin teenth, four
teenth and fifteenth amendments to the
national constitution abolisbing slavery and
extending to men OF African descent,
whether they have been slaves or not, the
rights of citizenship in tie republic and in
the States in which they reside.
duty to consider, the wisdom of the constr
tutional and statutory provisions under
which the plaintiff brought this action. 1t
is enough that have sworn to obey them.
Every citizen has the right to ask from
courts that he be protected in the immunl-
ties and privileges guaranteed by the con-
stitution. In this case the plaintiff shows
an infringement Of such civil rights. His
citizenship has been degraded. He should
should be estimated as will sanctify the
principle involved and deter others from in
hicting the same injury. l think that one
thousand will be sufficient.
1t is therefore ordered, adjudged and de-
creed that the plaintiff, c. 5. Sauvinet, do
have and recover from the defendant, !. A.
Walker, the sum and amount Of one thou
sand dollars as exemplary damages, and all
costs OF suit.
The city vs. the Louisiana State Lottery
Company.-In this case, before the Eighth
District Court, in which the city tried to
bond an injunction granted in favor OF the
Lottery Company, and against the city,
Judge Dibble has decided that the city can
not bond, and holds the injunction to be
perpetual.
The decision prevents the city from in
terfering with the lottery or its agents In
the matter of licenses.
The Magazine street Railroad Matter.
We mentioned few days ago that r..
King Cutler had taken rule in the Seventh
District Court to inquire into the recent
sale of the Magazine street railroad to
Messrs. judi and Kaiser, in which he
alleged that John 7. Michel was the actual
purchaser, notwithstanding the return made
by the Sheriff. Judge COllens, after hear
ing the evidence, dismissed the rule, reserv-
ing the right of Michel to petitory action.
United States Circuit Court, Judge e. H.
Dureil.
In the case of j. H. Adds and John Wat
son, who were charged with mutiny on
board the ship st. James, while on the high
seas, and who had withdrawn their former
plea Of not guilty and entered plea of
guilty, the prisoners were brought before
the court for sentence.
After reviewing the testimony introduced
in favor of mitigating the ofense, the court
ordered that the prisoners be confined in
the Parish Prison for the space of one hour;
the court further ordering that their full
wages be paid for the whole voyage. When
the captain of the St. James left court, he
was arrested by the United States. Marshal
on a charge Of brutality ill-treating his crew
on the high seas, the writ for his arrest
having been issued at the instance of X. ID.
Shannon, counsel for the compliments.
In the case Of Ambrose Spencer, by rea-
son OF the default entered on the third in
slant, judgment was given for the plaintiff
for the sum Of $1,000, With five per cent in
terest from April l, 1867, until paid, with
costs.
In the case Of Joseph MacMerlle VS.. Jacob
Zoelly, the defendant is charged with hay
ing, while being insolvent and bankrupt,
and possessed Of certain property. of making
assignment and transfer of the same to GER
tain parties with intent to delay and to de-
feat the operation Of the bankrupt act. The
case came up before q jury, and was argued