Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1875-03-25
CIVIL


Several Legal Views OF the Matter.
Judge Emmons, in his charge to the
United States Grand Jury, said: you
ask whether tits a crime, for which you
have a right TO find an indictment, that
a negro has beer denied the full and
equal enjoyment of the aecommoda-
tons, advantages, facilities and privi-
leges of theaters and inns Of the State.
Such denial is not En- offense over which
Congress can give this court jurisdic-
ton. These are matt ers which the State
governments alone control" Our Gen.
eral Assembly dispos,es Of this indict-
ment business, having passed a bill
modifying the common law in regard to
inn.keepers, common carriers, etc., and
defining the rights, privilege and liabil-
tiles of the same. AS passed, it gives
them the right to refuse 10 entertain,
convey or admit any person or persons
they may choose to refuse to entertain,
convey or admit. 1t also gives those
lnn'keepers, common carriers and pro-
prletors Of public amusement the right
to prosecute any person or persons who
may indulge in d~isorderly conduct upon
being SO refused. If the negro feels ag-
grleved at being refused any privilege he
may demand, his remedy seems to be
sketched out in the following paragraph
of Judge Emmons charge: Parties
who think themselves aggrieved can
bring their civil action into this court al
once. Any decision we may hen make
can be reviewed by the Supreme Court
lu answer to a correspondent, asking
whether "colored men are entitled "a
the privilege Of saloons and barber
shops the great Ben Butler Of Essex
writes from Washington, March 18th, in
this facetious strain:
l understand by saloons" you mean
drinking saloons, and am happy ia say
that the civil rights bill does not give
any right to a colored man to 90 into q
drinking saloon without the leave Of the
proprietor, and am very glad that it does
not. | am willing to concede, as a friend
to the colored man, that the white race
may have at least this one superior priv
ilege to the colored man, that they car
drink in bar-rooTns and saloons, and ]
never shall do anything to interfere with
the exercise of that high and distinctive
privilege. | would not advocate a bill
which should give that right to the col
ored man. If / were to vote for any
bill on this subject az all, it would be
one to keep the celored man out of the
drinking saloons; and ] hope no bar.
keeper will ever let "a colored man have
a glass Of liquor at any bar open fol
drinking. Indeed, / should be glad
whenever a colored man should go into
a drinking saloon for the purpose o.
drinking at the bar if somebody would
at onc take him and put him out, doing
him as little injury as possible. ID
could do the colored man no greater
kindness.
Bold Ben proceeds to state that thu
trade Of a barber is like any other trade
to be carried on by the man engaged il
it at his own will and pleasure. "A
barber has a right to shave whom HI
pleases, as much az a blacksmith to shol
such eolored horses as he pleases.' Il,
holds that the negroes have acquired nj
new rights, but new means for enforcing
their rights, and limits the scope of tn,
act to equal rights at common law I'll
places of public amusement, in public
%conveysnces and in inns or licensed
taverns.." IAN idea that the Civi
Rights bill allows the colored man t
force himself into any mans privat,
house or into any eating house, boarding
house or establishment other than thosl
l have named, is simply an exhibition o
ignorance, as we'll as, in some cases, o
insufferable prejudice and malignity."