New national era. [volume] (Washington, D.C.) 1870-1874, 1872-09-05
Decision Of Judge SMELL

In the case of Sebastian Aman, who was
charged with refusing TO entertain in his res
taurant W. H. Foote, (colored.) Judge Smell
made the following decision:
District of Columbia rs. Aman.-Infcrma-
| ton for violating section Of the law ECU
lating restaurants and other places Of en-
tertainment.
1t is conceded that the constitutionalIty of
this act Is not to be argued here. 1t is ton-
tended that the tendency of this law is 70
promote intemperance and its enactment un-
wise. This may be true. Many contend.
with great force and earnestness of convic-
ton, that all license laws are extremely de-
trlmental to the best interests ofsociety, and
that they should be entirely abandoned and
prohibitory laws enacted to take their place.
But whether laws are wise or unwise, or
whether license or prohibitory enactments
are on the whole the best for q State. are not
questions for courts, but the Legislature. 1t
Is certainly not to be hastily or rashlv assumed
that legislative body designed to enact q
wicked or immoral statute. If a statute is
susceptible of q construction consistent with
constitutional law and the recognized stand
ard of morality it is the duty of the courts TO
give 1t such construction. The Legislature
having passed laws licensing all the classes
public caterers-thcy are bound to comply
with such police regulations as may be at
tached by the privileges conferred. 1t is GER
tainly necessary and almost Indispensable to
good order that all such public caterers should
have well defined and specifically declared
right to refuse to wait upon and serve persons
visiting their several places who shall not be
respectable and well-behaved. With this pri-
vllege conferred there is corresponding duty
imposed, viz: They are not to refuse but re-
CURED to wait upon and serve all respectable
and wcll-behaved persons. Assuming that
license laws are not amenable to the charge
OF such fragrant immortality as to be null and
void, which is not cOntendcd, the objects Of
this law are not observed to be corrupt or
wicked, but, on the whole, beneiicent and
useful. Again, it may be remarked that this
law has another well-detined purpose, viz,
to secure to all men, irrespective of zee,
color, or previous condition OF seryitude,'
4 distinct recognition Of constitutional rights,
the possession and enjoyment of which are
most happily dependent, in no degree, upon
the simple accident of color. Recognizing
this important constitutional fact, tho Legis-
lature has given 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 respectable and
well-behaved persons have the right to DO
served; and public caterers at the same time
will possess perfect control over the good
order OF their establishments, Urembarrassed
by other tests than those of responsibility
and good behavior. \ State enacts and
maintains license or prohibitOry laws through
its police power. This power is very great
and subject to few limitations. COnstitu-
tional rights cannot be transcribed, but 9TH
erwise its powers are as broad and csmpre-
hensible as the necessities of the State. 1t
may not compel its citizens to accept OF
licensed occupations. But if conditions which
are disagreeable, or which render a business
Improbable are imposed, the citizen, in ex-
ercising his inalienable right OF choice, may
withdraw from the occupation, or he may
accept; if the latter, he must be taken to
accept his license and business, subject to
the conditions imposed by the law. The
fact that the refusal to serve was by the
defendants servant, admitted to have
refused under the defendants instructions.
cannot relieve the defendant from the liabil-
ity to the penalties of this ac5. After a care
full examination of the testimony, the court
is satisfied that the defendant is guilty Of a
violation of the provisions of this act as
charged in the information, and imposes the
penalty of the law, which is n fine of 800
and forfeiture of license.