Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-08-18

tages facilities and privileges OF inns public con-
veyances on land or water, theaterS and other
conditions and limitations established by law, and
applicable alike to citizens OF every ana color
regardless OF any previous condition OF servt-
Sec. provides the penalty, and is as follows,
.That any person who shall violate the fore
going section, by denying to any citizen, except
for reasons applicable to citizens OF every race
and color, and REGARDLESS Of any previous condi-
ton OF serviude, the full enjoyment Of any Of the
accommodations, advantages. facilities or privi-
ieges In said section enumerated, or by aiding or
and pay the sum of $500 to the person aggrieved
ChereDy, to be recovered in an action Of debt, with
tuii costs and shall also, for every such onense,
conviction thereof, shall be fined not less than 1--WE
hundred C5oOl dollars or shall be imprisoned not
less IMAM thirty days nor more than one year."
NOVEL CASE.
The case before this court is novel, from the fact
that Ills the first attempt to enforce the penalty un
DER the second section making q violation of the
law misdemeanor; it Is novel also from the fact
that 1t Is pending in the Police Court OF the Dis
trlct OF Columbia, United States court OF record,
novel as being the first effort to enforce the crimi-
nal provisions OF the law in territory where the
Congress OF the United States has exclusive and
l, Constitution U. s. BY the passage OF the thir.
teenth I amendment to the Constitution slavery
was abolished. BY the fourteenth amendment the
rig hts OF citizenship were conferred upon
ali persons born in the United States, there
fore those persons OF color who had here
servitude except as punishment for crime1 BY
the thirteenth and fourteenth amendments were
vested born In the United States. with all the
thority to enforce, by appropriate legislation, &C.
enacted l., what Is commonly known as the civil
10, 1856. Under the Constitution thus we have have,
rst; Congress has exclusive legislative Jurisdic-
thirteenth amendment slavery was abolished in
the United States. and power given to Con-
legislation; third. the fourteenth amendment,
which confers upon all persons born in the United
States citizenship and fourth. the civil rights bill,
passed by Congress, approved March LIST, 1875,
which provides, among other privileges, 'the full
and equal enjoyment OF the accommodations, adj
ject only to the conditions and Limitations estab
lished by law and applicable alike to citizens OF
race ;, and color Of any previous
this court Is one involving the rights Of colored
citizen to the advantages, facilities and privileges
OF the word inn, IA house for the lodging and en-
tertatnment of travellers; tavern. public house,
house for entertaining strangers or travellers; a
hotel or hosiery; an Inn, public house" Bowdin.
in his Institutes, says under the common law an
for the entertainment and lodging OF
sire 81 IS na sasa Isrtns
and wayfaring persons and to entertain them for
reasonable compensation, unless he have no
affected with contagious diseases: to supply their
wants Tor q reasonable compensation: {Howell VS..
Jackson, Darlington Payne: rs; Fell vs..
house, lodging house or a conee-house is not an
inn, and cannot be compelled to entertain travel
the innkeeper enjoys. The tnnEeeper has lien
upon al the property OF his guest in the inn and
tbe @ the and In
privileges, conferred by statute.
AN INNKREPER'S DUTIES AND PRIVILEGES.
Therefore, under the common law, an tnnkeeper
is bound to take in and receive all travellers and
Wayfarers; and by the act OF Congress approved
March LIST, 1875, it is made q misdemeanor to dis
criminate against traveller on account of race
and color, regardless OF any previous condition Of
servltude By the counsel for the defendant it is
contended-1st. That the hotel keeper has right
to establish certain regulations as to hours Tor
meals. This proposition must be conceded, for
without an inkeeper could regulate the hours for
meals me in his house he would be mere cipher in
his own house and the guests would be the mas
ter In regard to the second proposition, viz:
1.-THE right to designate certain places seats for
limitation or qualification: that whatever dis
examinations are made must be upon some prin-
eiple or for some reason that the law recognizes
made on account OF color, race or previous condi-
ton OF servitude, and that all of the guests
the places so designated shall be ac-
cessible to all respectable persons at
has a ae sa
not responsible for the acts Of his servants when
they act In opposition to his orders. This propo-
lions. 1t has been held that where persons, for
their own advantage, employ servants to conduct
their works they must De answerable for what is
cone by those servants. Rex VS.. Medly, 9th; Car
GngtOn and Payne, 292
THE SEPARATE SCHOOL QUESTION.
The cases cited, viz: The state Of Ohio ex rel
William Gaines VS.. John w. McCann and others
FL Ohio state reports, 19S was an application for
mandamus against the local school directors
and teachers in sub distrct OF township,to ad-
nit the children OF the plaintiff q colored citizen
OF the state OF Ohio to the privileges OF specific
school district. 1t was held by the court Day, J)
classification OF pupils on the basis Of color was
sanctioned, and It was held in Van Camp VS. the
as Il 81 as @ 1na
not as Of right entitled to admission In the
speaking OF section one Of the fourteenth amend
ment the learned Judge says:-"The language of
other provisions Of the amendment. and Of tn" the
constitution OF which 1t forms q part, affords
strong reasons for believing that 1t includes only
States" He says II this construction be correct
the clause has no application to this case for all
derived from the constitution and laws of the
state. The case OF Cory ct al VS. Carter, vol. 6s,
1noIana hepOrISs Is upon the same general point,
Wis the right OF classification of the youth of the
state for school purposes upon any basis which
does not exclude either class from equal school
advantages is no infringement OF the equal rights
OF citizens secured by the constitution or the state
It Is also held that the system OF common
schools In the state OF Indiana had its origin
In. and is provided for by, the constitution and
laws Of the state. 1t Is purely a domestic insti-
tutlon and subject to the exclusive control Of the
authOrites OF the state. The federal constitution
does not provide for any general system OF educa-
ton to be conducted and controlled by the national
government. nor does It vest In Congress any
power to exercise general or special supervision
over the states on the subject OF education These
cases have been decided since the passage OF the
18th amendment Also, the other case cited-4S
California; May +. Ward, by A. ]. Ward, her guar
dian ad Item, vs.. Noah +: Flood, principal OF the
Broadway grammar school In the city and county
Of San Francisco January, 1874. This case is upon
the same point, viz, the right of the state to pro-
vide separate schools for white and colored chill
dren. This was like the Ohio case, an application
Tor mandamus, directing the superintendent to
receive petitioner "a colored chid) as scholar in
the school OF which he was principal The writ
was denied.
The court held that the law proyidinr for tina