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

It has enacted laws imposing penalties IN
cases of accidents; for regulating the carry
ing of gunpowder: to compel the use of
iron chains as a substitute for the formerly
used tiller ropes; for carrying lights, and
several other matters. Was It ever pre-
tended that this legislation was an unlaw-
full interference with commerce or that 1t
deprived steamboats, Of the right to male
reasonable rules and regulations for me
management OF their business! The act
OF the LIE gislatUre under which this suit is
brought ia as follows: "All persons
engaged within this State in the business
OF common carriers OF passengers. shall
nave the right to refuse to admit any
person &c their railroad cars, street cars,
steamb boats or other water crafts, coaches.
omnbuses or other vehicles. or to expel
any person theretrOm after admission, when
such person shall, on demand, refuse or
neglect TO pay the customary fare, or when
sue! person shall be of infamous character.
or shall be guilty, after admission to the
conveyance Of the carrier. of gross, vul gar
or disorderiy conduct, or shall commit any
act tending to injure the business OF the
carrier prescribed for the management of
his business. after such rules and reguia.
tiens silal. have been made known: pro-
vided, said rules and regulations make no
discrimination on account of race or color:
and they shall have the right to refuse any
person admission to such conveyance when
there is not room or suitable accOmmOda-
tons: and except in cases above enumerated,
all persons engaged in the business OF COM
mon carriers OF passengers are forbidden
to refuse admission to their conveyance or
expe. any person therefrom whOmsOever.'
Counsel insists that the provisions of these
laws extend only to cases in which State
or other license is paid, and that as steam
boats do not pay a license, the law
does not affect them. The constitution
JUS. cited and quoted, says: "All persons
shall enjoy equal rights and privileges upon
any conveyance Of a public character"
There is no mention here of a license to be
paid By such public conveyance, as a pre-.
requisite to it's obligation to afford equal
rights and privileges. The act already
quoted makes no reference to any such ne
cessity. The provisions of law requiring
licenses to be paid, and to be forfeited in
certain cases, relate entirely and exclusively
to places of public resort, such as public
inns hotels, cotfeehOuses, theatres, etc.
Whatever may be thought of the wisdom,
tutional and legislative provisions, one
thing is clear to my mind it is, that they
are laws, and that the courts of this State
must recognize and declare them to be such.
II they operate injuriously to private int.
rests, 1t is to be regretted but if expert
ment should successfully prove that they
promote the general prosperity and the well
fare of the public, then, according to the
well-recOgnized and wholesome principles OF
government, they should be respected.
Having reviewed, as far as it is deemed
proper. the arguments and authorities
offered by counsel, it only remains for me
to fix the quantum of damages which the
defendant should be condemned to pay. In
doing SO. it is necessary to remark that do
not think it proper to award exemplary
damages in this particular case. The pub
lie in general is not sufficiently apprized of
the existence and validity of the laws which
govern such cases, to be severely punished
for their violation. When it shall have be-
come settled theory in the States juris
prudence that these laws exist by cOnstitu-
tonal authority, and that they will be en-
forced, and when the people, who have been
taught to condemn them as UNI nst, and
consequently unwise, shall have learned
that there is nothing unconstitutional in
tory damages for withholding the rights and
privileges which they are designed to Sc
cure.
The plaintiff was entitled under the laws
to such rights and privileges as were ac-
corded to the white passengers. It is not
pretended that she refused or neglected to
pay the customary fare, or that she was of
infamous character. or guilty Of disorderly
conduct. or that she committed any act tend
ing to iniure the business Of the steamboat
Governor Allen. The evidence is positive and
conclusive that she was denied those rights
and privileges for no other reason than that
she was colored woman. She was. there
fore. forced to institute this suit for the
judicial establishment and vindicatiOn Of
her rights under the laws. She had to en-
plov counsel as a necessary means OF hay
ing her case properly made up and pre-
sented to the court, and think that what
ever sum it may fairly have cost her to do
SO should be awarded her as damages. l
can no: think it just or prudent to do more
under all the circums tances.
1t is the imperative duty Of courts,
whether it be pleasant or not. to declare
fearlessiy what the law is, whether it be
wise or not. and to make themselves the
impartial mediums through which rights
! NAV be enforced and wrongs repressed.
They are not for these feeassoiiia to be USED as
stepping stones to fortunes. This court
will impartially interpret and enforce the
laws of every description, found to be in
consonance with constitutional authority,
but it will never, under any circumstances,
suffer itself to become medium Of pecuniary
speculation. The Supreme Court has already
been called upon to interpret the act of
iopJ, uuOLOu, nuN III thO S0oO VI "
S. Sauvinet VS.. J. A. Walkers ct ais.
reported in the twenty-fourth annual, re-
cognized it as law, entitled to full force
and effect. Guided by the decision in that
case also by the doctrine laid down by this
court in j. X. Bell VS.. Thomas Leathers,
and for the reasons assigned in the fore
going opinion. think the plaintiff should
have Judgment for one thousand dollars,
with legal interest from the date hereof,
and for The costs of these proceedings. l
can not conclude without expressing the
fond and sincere hope, that the time
may speedily come when fostering gov
eminent may by wise laws and a mild
administration, aided by an independent
Judiciary. venerable by its gravity. its
intiex;ble integrity. it's benign dignity
profound wisdom and official independence,
supported by a willing, patriotic people,
inspired By a unity of political purposes.
and striving for the general welfare, may
submerge and do away with every neces-
sity for investigations Of causes like this,
and when all distinctions terminating in
prejudice and unsupported by law. may be
finally forgotten, and when the essentia.
unity of American citizenship shall stand
universally confessed and sincerely &C.
guessed in by the national family.