New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-06-15
A SUBSTANTIAL REpUBl1CAS TRIUMPH


steamboat Governor Allen. The case
arises under the laws of this State relative
to common carriers passed III pursuance
| Of the thirteenth article Of the constltu-
ton. ana is the first of the kind il wnich
Judgment for the plaintiff has been given
by a State court. Some years ago, w. 1.
| RUBY, OF Galveston. obtained Judgment
| IN the United States Circuit Court
for two thousand five hundred dollars
AGAINST Charles Morgan, for refusing him
| nroper passenger accommodations on
Texas steamship. NJ. c. S. Sauvines OF
this city obtained damages from Walker,
for making discrimination on account OF
| color. and there may be other cases OF
successful suits for damages on account OF
a denial of accommodations to colored
people who demanded them; but this Is
as above intimated the first case that
has come to our knowledge where COM
mon carrier has been compelled by a
State court to pay for the. luxury ofinci-
Witty to passenger because Of color or
inability to 'perforate" the officers OF a
| steamboat.
Judge Cullom's written opinion shows
that he has noticed and answered all the
points land they are both numerous and
frivolous), raised by the attorneys for the
| defense. He is especially happy in his
demolition of the very poor excuse that in
treating Mrs. Decuir with inciyility. and
refusing to give her stateroom on the
Allen, the conn mon carrier was acting In
accordance with custom, which the ill.,
genious advocate evidently thought should
be law, if it is not. But the learned judge
looks to higher source for his law than a
ring of river men, who are swayed IN
their notions of what is right and wrong
under a strange mixture OF self-lnterest
and prejudice. 1t was to put an end to
the iniquitous custom complained of that
the civil rights law was enacted. And it
was asking too much Of a judge who has
Just taken an oath to support the consti-
tuition and laws of louisiana to give an
alleged custom priority over them. Such
ruling, if it were to become the settled
jurisprudence of the State, would necessi-
tate change Of the oath administered to
judicial officers They would be required
to swear that they would obey and enforce
the customs Of the various little sections,
and let the laws take care Of themselves.
This decision, sustained as it is by
several rulings of the Supreme Court
in analogous cases brings us to contem-
plation of the impro vements and reforms
wrought out by the Republican party
within the past few years. The great
curse of this State and city has been for
long time that custom and public opinion.
easily manufactured for the occasion, gov
erned, instead OF the written law. If
man of influence killed another, the law
said it was murder. but custom, public
opinion and jury fixed for the purpose,
called it justiiable homicide. If a public
officer defaulted or emDezzled and ran
away for few days. the law said he was
guilty of felony. but custom told the jury
it was all right, and custom carried the
day. If custom be a law a. ALL it is an
unwritten one, and necessarily precarious.
An offender never could tell the exact
figure it would cost him under the reign
Of popular opinion to get out of a bad
scrape. Heretofore our steamboatmen
have had things pretty much their own
way with the travelling public. So long
as they brought the cotton and sugar OF
the planter safely, gave him free pass
age and took good care Of him when
drunk, which he generally was during the
entire trip, the captain was jolly fellow,
and could do anything he pleased with
the balance of the public except carry
niggers in the cabin, unless they hap
pened to be nurses with squalling white
babies in their arms
Now, Mrs. Decuir saw that women much
blacker than she is, and occupying menial'
positions. were permitted i'll the ladies
cabin Of the Allen. The law and custom
both sanctioned black nurses and disa-
greeable babies on all the steamboats,
She read the law in tine REPUBLICAN that
she was entitled to 60 as well, and to de-
maId such treatment as other cabin pas
sengers received; bu: the officers of the
Allen, having the physical power, enforced
the old custom and spurned the law. 1t
is now about eleven months since they
luxuriated III this little act Of oppression
and rebellion against the law, and to-day
they have presented to them for payment
a bill equal to the whole freight list of that
trip. or more. unless it happened to be
very good one.
We are glad the good Mrs. Decuir has
stood upon her rights: the able counsel
who conducted her case to successful
ssUe-we have not their names at hand
deserve great credit. besides their fees,
both of which they will undoubtedly he
ceive; and Judge Cullom has earned i'm
perishable honor by the salutarv lesson
he has given the law-breakers. When it
comes to be known abroad that We have
good laws and possess the courage TO en-
force them, We shall enjoy share of that
respect which civilized communities ac-
cord to each other. And when the Re-
publican party shall be able to point with
pride TO the sact tina: custom has con-
formed - til law in such cases as involve
the RIGHTS Q: private citizans to civil