Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-08-24
The Color Line In Restaurants.

The "Rey. Mr.. Smith, OF Norwich, CT, the col
ored preacher who lately Obtained a verdict
against Washington restaurateur WHO declined
70 entertain him at his place OF business, Is ac-
cused or being professional plaintiff In cases of
THIS Kind, from mercenary motives. This allega-
ton may not be true but t is evident that he is at
best nothing bette: than miSch1evOus notoriety-
seeker The colored people OF Washington, while
defending their real rights. have had too much self
respect to attempt TO push themselves socially
Where they were not welc )me, and especially
where, IS In this case, they would damage the
business o. other citiZ MS This case Is attracting
considerable attention throughout the country as
being The first attempt to enforce the criminal
PROVISIONS OF the civil rights act OF March l. 1875
The PRESS comment. including that OF leading re-
publican papers, is not complimentary to Mr..
Smith In his course, and some OF them express
doubts as TO the legality OF the decision OF Justice
Mills In Smiths favor. The New York Ereaing
Post, in the course OF rrview of the case, says:
The case Is test case, and will be appealed. 1t
Is safe To say that the law OF the decision is at
least doubtful The act of 1875, which was drawn
WIN some care, was Chiefly designed 10 reinforce
the Oil principle of the common law that Inn
keepers and common cirriers must furnish ac-
coMLhouallon 10 all corners. by making tier re-
1usil TO do so a criminal OfTense Now this dec
trine OF the common law had Its origin in times
when travelling was done by COACH and before
restaurants We're heard o.. A man who keeps a
restaurant, Delnonico for instance, Is about as
different from the keeper OF a common-law inn as
can D., ana 1t IL hard to see on what principle 1t
can o. made out that his establishment is, either
In fact or law, IN inn. traveller who could not
get INTO real inn might suffer severely, and
henee needed TO be protected by the law; but res
tauranS are not ordinarily provided for the trav-
eIhg faoe ana we know OF no legal principle
hne In one II ne wishes TO do A restaurant for
DlacSs Oniy; or Tor Catholics only, or for French
people, Or Chinese, may be i shocking thing, but
we doubt II 1t would be covered by statute rela-
ting TO inns
But assuming that the statute does cover the
has rtSaD
before In the eight years that have elapsed since
II was passed shows that tile law a means of
promoting social equality between black and
white Is OF little value. Washington has a large
negro population, and yet in eight years the only
taurant Keepers to justice is cOlored clergyman
from Connecticut. The Z oianation OF this is
OF course, that the negroes do not object to the
color line being drawn in this matter as much
as III was hoped and expected that they would.
Inv feeling that leads restaurant keeper to
exclude quiet clergyman from his place merely
because he happens to have a dark skin seems a
very foolish prejudice; but the prejudice does
e eSn1 ana The cannot afford to
Dered, II IS mere matter Of business II he
admits blacks. the whites win 60
reason that he draws the '.color line" The act
says that he must admit blacks. In other words,
ha Practically n1 Esse hun supply food TO
the whites VIII not come 1t really gives him
the choice between running his own busI-
would therefore not secure its own object,
Wnlch Is, OF course, not to promote black, but
mixed restaurants. while 1t would work Injustice
10 the reStaurant-keePer that seems 10 Violate
every principle OF fair dealing. He might fairly
say that II the government insists on his admit
Ting people 10 his restaurant whose presence leads
his regular customers to go away, he ought In
some way to be compensated.
fhilanthrOpfstS ought TO remember that In legis-
lating on such subjects the idea that individuals
or classes will rise above deep-seated social pre-
gooce because Congress declares that 1t ought not
70 e4lst Is mistake. The notion Is made posi-
lively grOtesQue when, as in this case, Congress
undertakes 10 lure a man into rising above preju-
dice Dy statute Calculated II acted upon by him,
late prejudice and make 1t permanent could hardly
be conceived.