New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-12-21
COURT RECORD.
SATURDAY, DECEMBgk 70, 1873
First District Court

DktEnbEn
First District Court.
State VS.. Josephine Information
for larceny.
State vs.. Lizzie Powers and Ella Georgia.
Assault and battery. Plea of guilty Of as
sault. Sentenced, fine So 50 each.
State w. Albert Garnier-Accessory afteI
the fact to larceny. True bill presented and
bail fixed at $1,000.
Second District Court.
SUGGESTIONS of Maria Hill, Charles
Gardener aud Louis Schnitmann opened.
Fourth District Court.
Judge Lynch delivered the following
| opinion:
David Fisher Va. William Bogel-Iu this
|. case the plaintiff, David Fisher, alleges
| that William Bogei is indebted to him III
/ the sum Of $500, dana ges raused him Ia
this: That on the fifth day of October
| 1873 petitioner entered the Grug store ot
said William Bogel, in which drug store
| there was then soda water stand belong
| ing to Bogel, and conducted by him: that
the petitioner then ard there. in the exeE'
else of his right, asked for q glass Of soda
| water for compensation, which WAS refused
| him, in presence OF many persons, on ac'
count of his color, and for no other reason;
! that said coda water stand is q public
| place, and was established for the accom-.
mediation of the public for compensation
| that in order to vend and furnish soda
| water a license is required from the STATE
| of Louisiana, and ulsO FROM the cry II
| New Orleans.
The plaintiff further alleges that he was
| refused the soda water "a aforesaid, be
cause of his color and race, and tor the sole
| purpose OF degrading him as Il man, in vic
| latiOn of law, and to hold him up "a con
| tempt among those present, and his teilo "
| citizens generally; that he is q mau OF
| good moral character. and receives the es-
| TEEN and respect Of all who know him; hat
as citizen OF the United States and Of the
| State of Louisiana he il entitled to enjoy
| and exercise all the civil and political rights
| enjoyed by every other citizen of the United
States, and of this State, which embrace
| the right equally with al other persons of
| being served with soda water for compen-
| satiOn by said Bogel, or his employee or rep
resentative at the place Of business afole-
said, which is situated at the corner of
Magazine street and Felicity road in sad
city. He prays for Judgment dor $50 in
his favor, and costs Of suit.
The defendant admits that he keeps @
drug store ON the corner Of Magazine and
Felicity streets In this city, and that there
is in the premises occupied by him as lessee
q soda water stand, but he specially denies
that at the time set forth IN said petition, or
at any other time, said stand belonged to or
was conducted by him, or that at said time,
or at any other time, he or any one acting
for him OF in any way repre- enting him as
asked by plaintiff for q glass OF soda water,
either for or without compensation, or that
he or any one acting for him denied or re-
fused plaintiff the same. He denies that he
has ever taken out a license either from the
Sfofav nf I.pn Siann fna oil v nf NJ.
Orleans for the vending of soda water,
or owned license for the came;
that certain portion Of the store
occupied by him is sub-let TO one
w. w. Chapman, who has therein soda
water stand, and is q vendor of soda water,
and if soda water was refused plaintiff from
said stand, of which defendant has no
knowledge, his right of action. if any he
has, is against said Chapman and not
against defendant. as there is no restric' ion
in his contract of lease with said Chapman
as to what persons he (Chapman) should
sell.
Defendant specially denies that he is in
any manner indebted unto said plaintiff
He prays that the petition and demand Of
plaintiff be- dismissed with costs
The case was tried before jury. The jury
did not agree. AfieIwsrd, On motion q
plaintiffs counsel. the case was submitted
10 the court for determination.
The evidence shows that the plaintiff,
who is a colOred man, was member OF the
Metropolitan Police force On the day 10
drug store, on said day. he met
another police officer-a white man--wtb
whom he had been acquainted; that
the day being warm, and the par
ties thirsty. the white officer invited
the plaintiff to glass of soda water: |
that they entered the said drug store to- |
gether and vent up to the soda water stand: |
that the white officer asked for two glasses !
Of soda water, one for himself and the other |
for plaintiff, and at the same time deposited |
On the counter the price Of two glssses of |
soda water; that one Macklin. the person iG
charge of the coda fountain, gave glass OF |
soda water to the white officer. but t0ok no
notice of the plaintiff, and refused to give
The latter a glass OF soda water; that after
delay demand for the soda
water for plaintiff was reiterated by both
ulcers, whereupon the plaintif was in
ormed that the required beverage would
)e served to him on condition of his going |
nut of the drug store to drink it. 90 he
would not be permitted to drink it inside.
1t is shown that both pol!cem en- denea ned
themselves decenuy and. in an orderly man
er. They were il police uniform, and on
I
f soda to the plaintiff, he and his COM
anton retired quietly from the drug store.
lacklin having previously retained the
rice Of ore GLASS Of soda 10 the white Ofi-
er.
In behalf Of the defendant it is shown, that
Q had previously sub let the soda water I
and &c one Chapman, for h. stated monthly !
mt; that there were 10 conditions imposed !
n Chapman rs TO the class OF perecns to be |
at the soda stsnd; that on |
le fifth of October aforesaid B,gel w "a
bsent from the city of New Orleans; tha.
hapman had the exclusive control aud
Of the soda stand; and that |
Ogel had exercised no interference with
hapman in regard TO the management of
10 said stand. The soda water dc part meat
as not secluded or separated from TIE |
rug department by say wall, parsf:ioG, or | {
reen.
Chapman carried on the soda water bust
'ss without a separate license, AID under
ogePs license as druggist. Il is only
here nothing else than soda watar is sold
an establishment, that q vendor of soda | .
alter is compelled to pay Il license under I
ty ordinance 1905 All druggists who pay
,ense as such are allowed to sell eoGa
alter in their drug stores without any extra |
cenSe.
Bogei's name ia painted on sign
| the outside of the said drug ,
ore; there was nothing to indicate ,
at any other person than himself !
I'd any interest or was in any way con- ,
rned IN the said store or 10 any branch or I
'partment OF the same. Chapmau's man
II Of advertising the soda water business !
as only by small printed business cards t
id on some part of said stand. ,
Diem it necessary here to cuote the | q
,rtlOnS OF the cOUStifuTinnS and Laws of ! d
nited States and of the State of Lpuisi c
IA under and by which this and similar !
SEES are TO be determined. y
|. The declaration of independence and l.
e first article OF the constitution of Lou | t
ana proclaim that all uen are created | q
ual; that they are endowed by their y
Gator with certain inalienabe Iig bts; that ! f