The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-12-20

3. That he has been and is manager OF the New
Orleans Opera House, business sanctioned BY
| law !; that said business involves the outlay and
Investment Of large capital, and requires the con
slant and assidious labor and care Of respondent
| and cannot be mado profitable without business
literary and artistic capacities.
l. That in the year 1859 the Opera House As
ISOLATION, regularly chartered corporation un-
der the laws of Louisiana, erected the Opera
House, corner of Bourbon and Toulouse streets,
in New Orleans for the performance OF operas
| and dramatic plays. That large capital was
thus invested in said building and its appur-
libraries costumes, etc, necessary for the afore-
said purpose that since that period of time the
said Opera House was used in accordance with
its original destination, which chiefly gives it
value as property; that in the prosecution
| Of the business or calling of respondent
and those who preceded him, certain rules
and regulations were adopted and enforced
in order to render profitable said business, and
to derive the full benefit Of the capital SO in
vested in said property that certain parts Of said
theater, during performances, were assigned to
the white people, and other parts thereof to the
colored people that the necessities of said bust
ness required Of all the managers that preceded
respondent and Of respondent to fix the price Of
other theaters Of this city; that said. Opera
theater has been and is patronized by the
white people exclusively, the number Of col
ored people who are willing and able to attend
said Opera theater being SO limited as to AFFORD to
the manager no prospect ofpro6t; that the allow
ance of ali persons, white and colored, to enter
promiscuously at said performances, has the ten
dency to prevent large number Of whites from
attending; and must inevitably end in the mer-
camille failure of the manager the pecuniary loss
to the large number Of persons engaged or en-
ployed for such performances; and must serlou ~
impair the value of said Opera House, appurte-
nances and accessi0ns that to prevent said disas.
ter the white and colored people have not only
boo 49, nHku <>x said thn0$
but necessarily limited space Of said theater has
been assigned to the colored people, OF which
limited space the latter have ever been either I'M
able or indisposed to avail themselves.
5. That the parquette. where plaintiff insisted
to have admittance, is set apart exclusively for
the white people-a fact which petitioner knew
full well before he applied for admittance there;
and that 60 far from having been humbled for
refusal of admission, as stated in his petition, he
had expressly applied for admittance, knowing
that he would be refused, his deliberate pre-con-
ceived purpose being to lay the foundation tor
an action Of damages under the Civil Rights
bill.
6. That the aforesaid legislation of the State
Of Louisiana, in so far as it attempts to abolish
the said rules and regulations with regard to the
parquette, abridges The privileges and lmmuni-
ties OF respondent, deprives him OF tho free use
of his property, impedes him in his labor, in con-
traventon of the aforesaid provisions of the
Federal Cons ition.
z. That the statute Of this State which. by way
Of favor to the colored people, gives to the judge
presiding, upon the disagreement of the jury,
the right at once to pass finally upon cases aris
ing under the Civil Rights bill, iofringes the
rights of respondent, as citizen of the United
States and OF the State of Louisiana, to equality
before the tribunals of the land, and to equal
protectioE of his rights.
Wherefore respondent prays. for regular trial
by jury in cue course Of proceedings and that,
upon . hearing, the plaintiff g demands be re-
jected with costs. A. l. w. VOORHEES,,
Attorneys OF respondent,