The weekly Louisianian., 1872-09-14
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Not DEPENDENT On The Simple Accident
q Color.
FROM TIE. coLonEp CITIZEN.

FROM THE. coLonEp CITIZEN.
In the casa Of Sebastian Aman
who was charged With refusing t.
entertain in his restaurant w. n
Foote. ~(colored.) Judge Smell mad
the following decision:
District Of Columbia Us. Aman.-
Information for violating section ;
Of the law regulating restaurant.
and other places Of entertainment
It is conceded that the constitu.
tionality Of this net is not to be ar.
gued here. It is contended that the
tendency Of this law is to promote
intemperance and. its enactment
unwise. This may be true. Many
contended, with greet force and
earnestness Of conviction, that all
license laws are extremely detri-
mental to the best interests of 90
ciety, and that they should be en-
tirely abandoned aud prohibitory
laws enacted to take their place.
But whether laws are wise or un-
wise, OF whether license or prohibi-
tory enactments are on the whole
the best for a state, are not ques-
tons for courts, but the legislature.
It is certainly not to be hastily or
rashly assumed that a Legislative
body is designed TO enact a wicked
or immoral statute. If q statute
is susceptible Of a construction con-
sistent with constitutional law and
the recognized standard ofmorality,
i" is the duty Of the courts to give it
such construction. The legislature
having passed laws licensing all tho
classes Of persons mentioned in
this act-to become public caterers
they are bound to comply with
such police regulations as may be
attached by the legislature to the
enjoyment Of the privileges con-
ferred. 1t is certainly necessary
and almost indispensable to good
that all such public caterers
should have a we'll defined and
specifically declared right to REFUSE
to wait upon and serve persons yisi-
Ling their several places who shall
act DO respectable and uen-behaved.
With this plivile- Q conferred, there
8 q corresponding duty imposed,
IL: They are MOTTO refuse but re-
to ,u1 upon and sr,v all res-
and .reN BEHAVED persons,
assuming that license laws are not
to the charge OF such fa-
rant immortality as to be null and
which is not contended, the
of this low are not observed !
, be corrupt or wicked, but, on the
hole, benefcent and useful. Again,
may be remarked that this Law ,
as another well defined purpose,
IT,, to secure to all men, ~"irrespec-
We Of color, condition or previous
'ndition Of servitude," q distinct
Of constitutional rights =
possession and enjoyment Of T
hich are most happily dependent, $
no degree, upon the simple acct y =
snt of color. Recognizing this i'm L
'rtant constitutional fact. the leg v
[ature has given it vitality and J.
feet by this statute, SO that hereaf- y y
r for all time, so far as law is con- c
and SO far as individual J.
shta are concerned, all respectable = :
ID well-behaved persons have the ].
3ht to be served; and public A
terers ct the same time will -
'ssess perfect control over the L,
cd order of their establishments. W
embarrassed by others tests than =;
ose Of respectfully and good be- n
vior. A state enacts and main Vi
license or prohibitory laws s =,
'ough its police powcr: This power J..
very great and subject to few linn A.
Constitutional rights can II
t be transcribed, but otherwise r
powers are as broad and compre- II
as the necessities Of tho L.
tie. It may not compel its citi- "
rs to accept o license occupations. W
It If conditions which are disa- b
or which render q business -
profitable are imposed, the citizen, II
exercising biz inalienable right
choice may withdraw from the
cupation. or he may may accept; =,
he latter, be must be taken to pu
sept his license and business, SUBJ 20;
It to the conditions imposed by :