American citizen. [volume] (Canton, Miss.) 1864-1890, 1873-03-15
SATURDAY, MARCH 90. 1878.
A Trial Under the Civil Rights Bill.

following case came DeiOTe .. w.
Wood, J. p, under the Civil Rights
Bill. The parties were Fannie
Murray and Ella Jackson, plaintiffs,
and Jacob MicheloEich, defendant.
F. B. Pratt conducted the prosecu-
ton, whilst the Messers. Singleton
and Singleton appeared for the de-
defence. The plaintiffs in this case
complain that the defendant being
the keeper of a public restaurant in
the city of Canton, did on the 21st
of March, 1873, refuse them meals
when thereto requested. because of
race, color or previous condition of
servitude, which was by defendant
denied. The proofs 60 to show, as
stated, that the said plaintiffs did
call for and demand of defendant a
ffty-cent dinner, which he agreed
to furnish, and went back to the
kitchen to have it prepared, during
which time the compliments took
their seats in one of tie stalls or
booths set apart for guests in the
front room, and after a reasonable
time had elapsed, that they asked
the defendant if he was not going
to prepare them meals. He said he
was, but that the meals must be
taken in another and different room,
which was shown by testimony to
be equally good and comfortable as
the place occupied by them. There
was some proof going to show that
the defendant said the table then
occupied by them was intended for
white folks, and not for negroes;
they the compliments insisting that
they should be furnished where they
were, and that thereupOn the de-
PENDANT threw upon the table bill
of fare. stating if they ate where
they pleased he would charge them
what be pleased. 1t further appear
ed that neither of the compliments
could read or write, and therefore
could not know the contents of the
bill, whereupon they left without
taking their meals. 1t further ap-
peared from the testimony that the
compliments are common harlots,
and THAT people OF that character,
without regard to race, color or pre-
vious condition, were generally sent
to the room which the defendant
proposed that they should occupy.
It was also proven that Mr.. James
Garrett, a respectable colored man,
had taken his meals in one of the
booths or stalls in the front room,
and at other timesin the room back,
it being the same that the defendant
wished to assign compliments. The
testimony being thus closed, the
question was raised by counsel as to
the power of a Justice of the Peace
to pass upon the constitutionality Of
the act, it being the first trial in this
or any superior court under the
Civil Rights Bill OF Mississippi, the
Court
Held, That it is one of the pre-
negatives of a Justice of the Peace,
although the humblest position in
the judicial scale, to decide questions
of that character, while such deter
1.x-
ern no other court, there being none
inferior, it yet suggests principle
that may lead even superior courts
to just conclusions. This Court,
therefore, takes it upon itself to de-
clare said Civil Rights Bill consti-
tutional and further thatthe can be
no objection to the law as construed
by this court, it can be easily obey
ed, easily enforced and strict justice
done to all without offence to any.
This court declares the true intent
and meaning of the act to be in
connection with the law already in
force that Inn, Tavern or Hotel
keepers,-keepers of Restaurants,
Railroad Conductors, Masters of
Steamboats,, Managers of Theaters,
and other places of Public amuse =.
ment, shall exhibit no partiality on
account of race or color or previous
condition of servitude, but that
equal accommodations and comfort
be had by the one aswell as the other
race, and when so done OF furnished,
that there is a literal and strict
compliance with the law, OF which
none can complain, or at which
none can be offended. Order, which
was heavens first law-shOuld APP
ply to every vocation in life, and
that the right to govern and con
duct Inns. Taverns, Hotels, Thea
tiers together with Railroads and
Steam boats, belong under reasona-
BILE regulations, exclusively to the
owner, master, managers or conduc
tors thereof, that they may assign
rooms. berths, seats in pub
lie exhibitions or at tables, making
their guests or patrons as comfort
able as circumstances may admit of |
that they have then exel cised a
right aud discharged duty, each be-
longing to themselves and the pub
lie, that the right to first and sec
Ond class accommodates may be |
regulated by public carriers, Hotel,
Tavern. Inn keeper, or keepers OF
Doat,nr,rro NJ.n,n.r, ~ VIo..