, 1875-03-14
TESTING THE LAW.
4 Business Certain Colored Parties Are
Engaged In.
a,,7ke THIS TIME THE VICTIM.

! BURKE THIS TIME THE VICTIM.
| Tho colored people, or certain Of then, aecn
determined 70 test the praotica1 workings OF the
| Civil Rights law. The latest victim is Mlchae
Burke, ct tho well-known Burks's European
| Hotel, on Madison street, Yesterday morning,
| between and o'clock, well-dressed and
spruce-looling cofored gentleman with an H'sh
name-Thomas Mckee, entered Mr. Burke's res
taurans, while that gentleman Was acting a.
| cashier, and took seat complacentlg
~ one Of the tidy tables. Reckoning to one OF
the colored walters, he ordered breakfast
bEoi1ed steak, fried potatoes toast and coflen.
His colorod brothsr Of the immaculate apron
looked st him witl, q furti.o. glance, and then
over to Mr. Burke, Who had observed tho object
Of SO much legislation when he came in. The
dazkey waiter smiled perceptibly, wiDked know
ingly ut Mr. Mckee, looked wishfully at Mr.
Burke, and then walked up to tho latter at the
cashiers desk. Then
THE FOLLOWING DIALOGUE ES5UED:
Waiter-Well, Mister Duske. shall wait On
him?
Burke-No sir; you needn't &C. in any half
way manner in this matter; it is nat consistent
with our business to serve tho gentleman. Tell
him lie cannot be soryed here.
WATERFALL right sir.
And the waiter tripped o7er to tho waiting
guest, and informed him that he could not serve
him. Mckee arose aud quietly departed. He
went straight TO United States Commits
eionez Hoyne's Office. and, on the Ar
rival OF that official, sworo out warrant
charging Mr. Burlo With . violation Of tho Civil
Rights Law in refusing to servo him with food
and drink. The warrant was quickly served and
promptly answered to BY Mr. Burke. The Com
missioner was compelled to continue tho hearing
until Tuesday afternoon at 2 O'Clock, because
there il official copy of tha law in the city. It
is expected that copy will be here by Mond.y.
Unlike tho Aldermanio Whyland, Ar. Burke
proposes to test the constitutionallty Of the law
which dictates to him the conduct Of bio busi-
rees. 1n brief interview With TRIBUNE re-
porter yesterday, tho following conversation en-
81 ID:
Reporter-a1r. Burke, have learned OF Jour
arrest for In alleged violation OF the new
Gvi-Rishts lax, aud desire to learn what you
have to say in regard to it.
Nr. Durke-Yea + WAS summoned before Mr.
Hoyno, aud the matter uas continued.
R.-Did you refuse to eerye Mckee?
B.-Certainly did. The waiter came to mo
when ho gave his order, aud told him not to
serve him.
Ron what ground2
BIZ should servo co1ored people hero my
busineas would be ruined. l have probably tho
bost class OF patrons in tbs oity. and do = hne
business; but If should serEe colored people
hero would lose it I cannot afford to let my
business go down for the sake Of serving u few
colore3 men. and those coming here for the sina-
pic sake Of testing this new Law. There arc
Bo1ue 1hite people rould not serve, and il I
did it would injure my business.
R.-Well, do you propose to make this tost
case Z
B.-1 do, and shall employ some OF the ablest
counsel ia the city to defend me.
N--Do you intend to refuse all co(ored per-
sons who come here for square rnca! ?
B.-Yes; an not going about this matter in
nuy ba'f-wag manner. I think it is better to
at in definite and decided way than to go beat
ing around the basa. I will not serve colored
men unless forced to do so-
Thia settled it, and tile reporter left.