Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-08-30
LOCAL NEW S.
The Color Question i'm Restaurants
Decision Of .THdss sHsH ia tie Case OF
Ssbasifaa .fmas.

THE RECENT LAW OF rHs DISTRICT LEGySLA-
TUNE MUST BE COMPLIED WITH.
A few days SINCE we mentioned the action OF
the Police Court, Judge Smell, in the case Of
Sebastian Amsn, who was charged with re-
fusing 10 entertain in his restaurant ". H.
FOote, colored. The evidence going to show
hat an employee of the house refused 20 sell
whisky to some cOlOred men. the &C cused was
adiuCged guilty of "A violation OF the act passed
az the last session of the legislature, and the
court fined him -l0o and ordered the forfeiture
o. his license. As this case has attracted con-
siderable attention in this District and else
where, We publish to-day the opinion OF Judge
Smell in full, as follows:
District 81 Columbia rs. 4mGH-InfOrmatiOn
for violating section of the law regulating
restaurants and other places OF entertain
msnt.
act is not to be argued here. 1t is cOnteRded
that the tendency of this law is TO promote in
temperance and its enac' ment unwise. This
may be true. Many contend, with great force
and earnestness of conviction, that all license
laws are extremely detrimental to the best in
terests of society, and that they should be en-
tiTely abandoned and prOhibitory laws enacted
to take their place. But whether laws are wise
or unwise, or whether license prohibitory
enactments are on the whole the best for a state,
are not questions for courts but the legislature.
1t is certainly not to he hastily or rashly assumed
that legislative body designed TO enact wicked
or immoral statute. If a statute is susceptible
law and the recognized standard of morality, il
is the duty OF courts to give it such construction.
The legislature having passed laws licensing
all the classes OF persons mentioned in this act
TO become public caterers-they are bound to
comply with such police regulations as may be
attached 10y the legislature to the enjoyment of
the privileges conferred. 1t Is certainly neces-
sary and almost indispensable to good order that
all such public caterers should have a well
defined and specifically declared right to refuse
to wait upon and serve persons visiting their
several ul1ceS n md
tcell-bekGCed. With this privilege conferred,
there is corresponding duty imposed, viz
They are not to refuse but required TO 1cdu upon
aud serre all respectable and tcel jehGced persons.
Assuming that license laws are not amenable
to the charge of such fragrant immortality a. ~
be null and void which is not commended
the objects CT this law are not observed
to be corrupt or wicked but on the
whole benehcient and useful. Again,
it may be remarked that this law has
another well defined purpose, viz, to secure 10
all men, irrespective of color, condition or
previous condition of servitude," distinct re-
cOgnition of constitutional rights, the possession
and enjoyment of which are most happily de-
pendent in no degree upon the simple accident
of color. Kecogni zing this important constitu-
tlonal fact, the legislature has giving it vitality
and effect by this statute, so that hereafter for
all time, so far as law is concerned, and so far
as individual rights are concerned, all respect
able and well-behaved persons have the right TO
served; and public caterers at the same time
will possess perfect control over the good order
OF their establishments, unembarrassed by other
tests than those of respectability and good be-
hayiOr. A state enacts and maintains license
or pTohibitory laws through ats police pOlCsr.
This power is very great and subject to
few limitations. Constitutional rights cannot
be transcribed, but otherwise its powers
are as broad and comprehensive rs the necessi-
ties of the state, Ii may not compel its citizens
TO accept of license occupations. But If condi
tiOns which are disagreeable, or which render
business improbable are imposed, the citizen.
in exercising his inalenable right of choice
may withdraw from the occupation, or lie may
accept; IL the latter, he must be taken to accept
his license and business, subject to the condi-
tons imposed by the law. The fact that the re-
fusal 10 serve was by the defendants servant,
and admitted TO have refused under defendants
instructions, cannot releaye the defendant from
LIABILITY to the penalties of this act After a
careful examination of the testimony. the court
is satisfied tEat the defendant is guilt of yio
latlOn of the provisions of this act as charged in
the information, and imposes the penalty OF the
law, which is a fine OF SlO1 and forfeiture OF
license