New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-12-21

mount to that which they owe TO the State.
They shall enjoy the same civil, political
| and public rghts aud privileges, and be
| subject to the sane penalties.
5. The tenth article Of eur constitution
provides that all courts shall be- open,
| and every person, for injury done
| him IN his lands, goods, person or
| reputation shall have adequate remedy by
| due process of law, and justice administered
| without denial or unreasonable delay.
6. Article thirteen Of the constitution de-
clarts that all persons shall enjoy equal
| rights and privileges upon any conveyance
Of Il public character, and all places of bust
ness, or public resort, or for which a license
| is required by either State, parish or muni-
cipal authority shall be deemed places Of n
| public character, and shall be opened to the
accommodation and patronage Of all per-
| sons, without distinction or discrimination
on account Of race or cnior.
7. Article 100 Of The constitution provides
! that the members of the General Assembly,
and all other officers before they enter upon
the duties of their office, shall take the fol-
| lowing oath:
Il do solenlnly swear that 1 accept the
| civil and political equality of all men, and
agree not 10 attempt to deprive any per-
son or persons, On account Of race. color or
| previous condition. of any political or civil
| right, privilege or immunity enjoyed by any
| other class OF men; that will support the
| constitution OF the United States and the
| constitution and laws Of the State of Louis
| iana," etc.
8. The civil rights bill passed by Congress
! on the ninth of April, 1866. expressly pro-
vides that the colored people shall have
| the same equal rights with the white peo-
pie, and shall enjoy the full equal benefits
! of all laws and proceedings for the security
Of persons and property as enjoyed by
white citizens, and shall be subject to the
like penalties. and none other, any law,
statute or ordinance. regulations or customs
to the contrary notwithstanding. Civil
rights bill, art 1,
9. On the twenty-third Of February. 1865,
the Legislature passed the act No. 81, en-
titled IAN act to enforce the thirteenth arti-
Gle of the constitution of this State, and to
regulate the licenses mentioned in the said
thirteenth article" 1t JIG necessary to
transcribe, as bearing or this case, the third
section Of said act. which provides: "That
all licenses hereafter granted by this
State. and by all parishes and municipal
cities therein, TO persons engaged In bust
ness. or keeping places of public resort,
shall contain tina express condition that the
place of business or public resort shall be
opened to the accommodation and patron
age Of all persons, without distinction or
discrimination on account of race or color,
and any person who shsil violate this con-
dltiOn OF such license shall, on conviction
thereof, be- punished bv forfeiture of his
license. and moreover, shall be liable at the
suit OF the person aggreved, to such dam
ages as he shall sustain thereby, before any
court of competent jurisdiction"
10. The section three OF act No. 6s of 1870
provides that the thirteenth article Of the
constitution shall be printed on the face of
all state licenses Issued t. TAX col eotors.
III. The act No. % of 1871, entitled 'an
act TO regulate the mode of trying cases
arising under tue provisions of article thir-
teen Of the constitution Of Louisiana, or
under any acts of the Legislature 10 enforce
the said article thirteen of the said consti-
tuition, and to regulate the licenses therein
mentioned provides that all cases brought
tor the purpose of viudicsting, asserting or
maintaining the rights, privileges and i'm
munitles guaranteed to all persons under
the provisions Of the thirteenth article of
the constitution of Louisiana, or under the
provisions of any act of the Legislature to
eSforce the said thirteenth article, aud to
regulate the licenses therein mentioned, or
for the purpose of recovering damages for
the violation OF said rights and immuni-
ties, shalt be tried by the court or by
q jury. II the jury does not agree, or
fails TO render verdict. either for
the plaintiffs or defendants, the jury
shall he discharged and the case shall
be Immediately submitted to the judge upon
the p!eadngs and evidence already on file, |
as L the case had been originally tried, with |
out any further proceedings, arguments. |
or delay; each party having |
the right TO appeal 20 the Supreme Court ia |
all Cases where an appeal is Iliowe<l by law.
From the importance OF this case, affect
n- as it does not alone the interests of a
:i'izcII. but of all our cDloied frllow-ci liens
N the State of Louisiana. and testing the ir
night to frequent all places IF public resort in
COMMON with white people without violence,
outrage or insult. have quoted carefully
Ill tie lava which sesure the rights, the
ranchsps and the privileges OF the colored
people of this State, and place them On
oo,ing G.; perfect equality with any other
lass Of citizens Of tbs United States.
The evidence is clear end unoontradicted
hat the plain If, David Fisher, colpred
oan, on the fifth day OF last October, being
n company With White person, entered
he drug n..,e of Wiiliissa Il rel. the
efeadant; that the IaintsI asked for,
nd was REUSED. dyN4k Of soda
Sa;ar. uneas Ls wGuld consent TO
70 aervo:. wir.a and drink the soda water
siteiie OF said drug ~ ore, ana that he Was 50 !
efused solely because he Il "A colored man. |
he plaintiff and def ndaht both belong TO
lp etHif Ilbuu4Cipti tDI IdiiDU. 1 Utt aiS |
9th bound by til. statutes and regu atoms
Ihieh the city has pas ed. tor the police and
jscilAae OF lis iHhsbijants,
Iii cary Was chartered by he Leeisla.
lr' Ter the greater secuSit; and happiness
/ it's city us.
Bg TIE laws of Oh. State ana Of the city
i New Orleans. no pessan can Keep any !
EeebOua' or piaor OF public resort, with !
IL obtaining license from the city, and
bryiug the oondiJionS imposed by the law
laker. tn Wi:
l. To open tn establishment freely for 1
AZ accommodation and patronage OF any
rrson, without tisfInciinn Of rae, color,
r previous condition.
ges by the party irjured by his refusal to
,mply with the terms upon which he re- s
.ivtd his ioense.
Bogcl wa free to accept ct reject chose
Iri4. but after applying tor aud accepting {
10 lceoss he became bound. BY taking I
IS license and putting his syn over the
tor. inviting tho puulio to enter his | t
tsbist ant and in effect, 0edicating '
IS house tn the public. he contracted new | &
!, igatiun toward the public; he contracted
l those obligations oh are the esseLce | {
the contract which no has assumed to ! t
,r.urm. Among those Obligations was +
lat OF treating citizens with proper civility t
I'd respect, and Offering ne indignity to '
= guests, to afford them security while t
lder his roof, and to protect them from |
~ violence or Injury. L
w hat was tho treatment given to the 9
anfiff uhi,o il the defendants drug a
orel HE piaislis accompanied BY his t
bite friend. aen- Into said store. In C
liet and respectful manner they asked for ! =
inks. The dury Of the person in charge ! L
The coda fountain VAS 10 attend to item T.
'litely. Instead of the civil treatment ex- f
cited, the plaintiff was refused dr. nix I'M |,
- on the Illuminating and outrageous +
rms that he would go Ou5 into the street h
ii there receive and drink the soda water t,
lich he had asked for. 1t is painful to re- a
ct on such brutal conduct toward q | "