The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-06-05
PRICES ALWAYS IN PLAIN FIGURES
PET7IS. BASSE77 { CO.
CIVIL RIGHTS CASE.
How Attorney Davis AstOnished Attorney
Harrison in Arguing Demurrer.

Lawyer Alfred Harrison has two colored
were refused the privilege of playing pool, the
former in Frank Giser's saloon and the latter in
Ernest Knodeps They did not seek in their
complaints large amount of money considera-
ton for damaged rights-the sum in each being
Fixed at about $3.50, but the suits have an inter.
est in being the first filed under the civil-rghts
law enacted by the last Legislature. Gisle1
retained Ben Davis as his attorney, whose
FIRST move was to file a general demurrer
that rather oddly brought up the question OF
eonstitutionality relative to the want in the Law
of section declaring emergency Argument on
the demurrer was to have taken place before
Judge Taylor on last Tuesday, but for some
reason it was continued until yesterday when
the lawyers came fully prepared to supportitheir
opinions. Lawyer Harrison, believing that the
argument of his opponents would be in the line
of general claim of unconstitutionality, had
prepared an able speech in defense of his race
and the law. Confident in the Justice of his
cause and the logic of facts he had ready to hurl
1T the court and Lawyer Davis, he patiently
awaited the contest.
It began by Err Davis claiming that the
demurrer should be sustained because the act
under which the suits were brought had not been
proclaimed by the Governor, and as there was
NO emergency declared in the act, hence it was
not in force, and the claim for damages could
not stand An emergency is declared in the
title as follows: IAN act to protect all persons
In their civil and legal rights, prescribing pen
aties fer their violation to be recovered in civil
action, defining certain msdemeaners, and fixing
their penalties and declaring an emergency
This, Mr.. Davis said, could not be accepted as a
declaration sufficient to give the act enforcement
at this time, since the Governors proclamation
IN regard to its enactment had not been
published. Section four says: 'This
act shall take effect and be In
force from and after its passage" but in this nc
emergency is de clared, and the section without
that cannot give the act force without the Gov
crnors proclamation. The question then was
whether the emergency mentioned in the title
made the act effective at the time of fling the
suits.
This unexpected presentation Of the question
took Mr.. Harrison at a Disadvantage He be-
heyed the act in full force, and was ready to ar
quo ts'constitutionalty in all other particulars.
He had obtained printed copy of the act rep
resenting it as it came from the
committee with recommendations for pass
age. 1t bore the title of AN act
70 protect all citizens in their civil and legal
rights. Whereas it is essential to the purity and
stability Of democratic government that we
mete out equal and exact justice to all persons
Of whatever nationality, race or color, persua-
sion, religious or social" Upon this he placed
his best endeavors, but TO his establishment Mr..
Davis brought forth the act as finally passed.
and argued the question of emergency on which
Hr. Harrison had not prepared himself
Judge Taylor took the case under advisement