Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-12-05
LeSa1 Rights of COIOred People in
hPStauranfS.


Restaurants.
AN APPEAL CASE IN THE CRIMINAL COURT DIS
MISSED FOR AN INFORMALLY
at various times within the past six months
the proTietors of restaurants aud eating
saloons have been arrested and fixed i'm The
ponce court for refusing to sell Tor placing so
hlgh price upon the refreshments ordered as
to he tatamOunt to a refusal to seID refresh
ments to persons of color, in violation OF the n
OF the legislative assembly. The decision bv the
court OF highest jursdiCti as to tie Iiahilitv
OF restaurant and saloon keepers to fine for sucH
class of citizens.
To-day, in the Criminal Court, Justice Mac.
Arthur, the case Of Fritz Schoible, who was
hned 800 in the Police Court on the 81 of Sen
tenber last, for an alleged violation of the act
referred to, from which fine an appeal was
taken, was called for a hearing. Mr. Miller
read the information on which the defendant
was fined, and the act of the legislature,
Mr.. Davidge said that the information could
NOT stand II considered as an indictment, (be-
cause 1t dld not state the offence as defined in
the statute, } and 1t should so be considered He
wished such case to be made, SO that if ths
matter was carried to the court in banc an
oplpien could be obtained as to the validity or
such statute.
Mr.. W. A. Cook, attorney for the District.
SAID that the law makes the essence of the of
renee 10 consist in a refusal by the parties en-
gagged in the businesses enumerated in the act
to selito well behaved persons on account of
their race or color. lie claimed that the spirit
Oh the LEGISLATIVE enactment was that which
runs through the whole law in reference to pub
TIC houses or enter anment. He read various
authorities defining the duties of inn -keaners fo
the public, and commended that this inform,.
i t.cn answered all the requirements of an in
dictment.
Judge Macarthur said that the inform alton
was fatally defective, in that 1t did not state
that the parties were refused attendance or re-
freshments on account of race or color, or were
refused attendance in the same room and at the
same prices a. other wcli-behaved citizens;
which two last clauses constituted the gst Of the
offence.
Mr.. Cook asked leave to amend the informa
ton.
Mr.. N. h. Miller followed, and read num-
Der of authorities to show that here was a vast
dictment; and that the former were amendaDle
at common law and in this District.
Mr.. Cook c0ntended tnat the objection to the
amendment OF the information is purely tech
meal All the essentials were embodied in the
information, as mere color in man Is simply
an adjunct and not a moral essential.
MI. Davidge, in reply. said that this was not
aquestion OF color; it was question OF consti-
tutiOnal right. The organic law requires
something more than q mere informa alton.
He read from the 4th section OF the act creating
the Police Court, in which it is provided that
the accused must be tried on an information
based upon the oath of an infOrnsr. This court
is an appellate court, and must try the case on
the information filed below, and it cannot be
Justice Macarthur said that the effect of per-
hitting the amendment would be to bring the
amendment. This information was net a COM
mon law information. The act req uired that it
should be verified by oath. He was clear that
the amendment should not be allowed and the
motion was therefore denied, and the motion 10
QUASI the information granted.
The case of Henry Scherf, who was fineu lu
10 Herbert Harris, Sinclair Davis and
Arthur Pannell, (cOlOred,) on Goth OF July last
appeal casel was called up.
Benjamin Harris testified that he, with others,
Irov h lam and hov rtaa
Mr.. Cook said the case had fallen through.
Mr.. Miller said that Scharf had char sed 3
cents per glass more than he did to white per
sons. Adjourned.
TEN DAYS MISSION OF JESUIT FATHERS
On Sunday next, the feast Of the Immaculate
conception Of the Blessed Virgin Mary, q mis-
sion will commence at st. Stephens (Catholic)
| church at the west end, Rev. Father McNally
will be under the control of three jesuit
| fathers from New York, headed by Rev. Father
0lackmier, IN eminent priest of that order.
Ss s
choir, which has been increased for the
| occasion, will sing Weber's mass in G. During
the mission snsTs % Ss
Of the largest in the city, and the Most Rev.
| Archbishcp Bailey has senifed his intention of
sending Father McNaily an assistant at An
| early day.
| TIE THIArsRs.-"Articie A" continues to
L ana
the performance improves every evening. Les.
ter Wailack next week.
The Theater Comique is giving its patrons
more than the worth Of their money this week,
in the extent and excellence Of the several per-
formances.
DREasysto make-A mistake.
Texans hunt mad dogs on horseback.
~Beecher believes in compulsory educa'
| ton. -fff
| @swsden, Spain and Japan have adopted
our school system.
ga Georgia white girl "speeds the plough
ana thereby supports her aged parents.
SPrussia is hereafter to use American paper
for her bank notes.
HSevsn hundred Crispins are clicked out
| ct Utica
y rhe Nellie Grant Blues is q San Francisco
military company.
o%Gensral Mcclellan Is Suggested for New
4 Jerseys next governor.
~Fine sleighing IN Minnesota, but nothing
Il rnv,<n 10 oh css .1- hall 80,