, 1875-03-15


Somebody wes afraid, and honest men are
not casily scared.
..---:--.:-
TEE C1VH-R10HT9 ISSUE.
In recent editosial III The CHICAGO Tn1p-
usE upon tile effects Of tho Civil-Rights bill
tho opinion was expressed that the first con-
stitutional test Of tho measure would cone
from tho North instead Of the South, and
would probably e1nanato from Yew York,
Boston, or Chicago. This opinion is In
fair way to be verified. On Saturday, col
ored man entered DUnKR's restaurant In this
city, took his scat ut a tablc, and ordered his
breakfast, Tho waiter, also colored, instead
Of serving him, reported to 1r. BURKE for
Instructions, Which he received briefly but
promptly. They were to the efFecs' that it
was not consistent with the character Of his
business to servo tho black gentleman, aud
that he must go elsewhere. The Int
ter did SO, and at once went be-
fore the United States Commissioner
aud swore out warrant ngainst Mr.. BunxE
for violation Of the Civil-Rights Inv. Tie
issue Is thus maae fairly and squnrely, with
out any nonsense or circumlocution. In u
subsequent interview with TRIBUNE report
er Mr.. DuRKE briefly stated lis REASONS and
his intentions. He declined to serve tho col
ored nun because If he admitted him md
thus opened tho why to others le would ruin
his business. He refused to serTa him Just
rs be sometimes refused to serve some white
men, because it would drive away respectable
patrons from his louso. When questioned
~ t.x&o h.
manner which showed that ho Ind becn
reading ex-senator CAnpES1En's speech,
and agreed with him In believing
that Congress could not dictato to him how
he should conduct his business and whom ho
should feed Ho was not going about this
matter, he Eaid, in any halfway manner, and,
thinking it was better to net in definite md
decided why than to DO beating round tho
busl,, be should employ the ablest counsel in
tho city and malie tcgt case Of it. This is
the proper way to settle 1t, and those who
know Dir. BURKE will not need to bo assured
that ho will carry tho case to tho highest
court IN order to find what lis rights are
In tho case. Thus it will probably happon
that tho Abolition City OF Chicago will bring
the first tost caso before the United States
Supreme Court involving the constitution
ality OF the Civil Rights Inv.
Wo desire to call the attention of the Mem.
phis AraIanedo to this caae a. furnishing m
illustration to the point The CHICAGO TR1u-
usE pressed upon It's attention few days
ago. It will observe the difference between
tho North and the South in the treatment Of
the purely personal or social rotations between
tho whites and blacks. Tho political rights
Of the negro guaranteed by tho constitutional
amendments nre unquestioned. No one dis
The social privileges, however, aro questioned,
as in this inatanco. bfr. BURKE, however,
did not eottlo his rights In tho premises with
the knife, the pistol, or the bludgeon. lie used
no violence. He did not even order
tho offender out Of. doorz. Ho Kmply
refused 10 serye him. The negro, OF
course. bud the right to bring him before the
courts, and iu tho courts Mr.. DunKE will seek
to justify himself md havo the constitutions
ality Of the Inv tested, aud he will probably
employ Senator CARPENTER to dofoud him.
| There was no noise, no violence, no riot, nc
mob. No political issue will be made ont Of
It. Afr. BunkK will not run for Alderman, o,
Mayor, or tho Legislature, or anything olse
on account Of 1t, We alal hear no stump
speeches, the popular heart will not DO fired.
the presa will not teem with political leadors
Of furious partisan character. Mr. DunKy
will continue keeping Ills restaurant and
entering TO the wants Of his patrons, provided
the outer man is white, until tho courts In