The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-08-04


was held that there was na s,s.-a--.
ton against AIcouinn ,rrson yshs - liFnsa-
libel on the owner OF tha 49, 70 eass
opinion on this case judge ssta "a
elared when public sent5nls-. -sa---tis ce-
separation OF the passengers :, ,- .s Z
grained 10 some extent x,-Ansst -
sentiment prevails among tha ths
pubic, although unreasonable ara ss. s'ns
" cannot be said that the carrier , -solsA
compelled 10 sacrifice his business a. sS.se =
70 ee'aeat H. Within reasonable 49, -
own affairs manage his
Damages have been ob.slrss
persons for expulsion from .ssa.. eoseFsf
the number or Instances Is small ess
some or those recorded the - n
mace not Tor discrimination -, .s.. : =
or color. but fer violence ara aeesaat
loss. In the PHILADELPHIA cssa - ssasas
AGAINST Peer, IN which a eolores ,,,.- 1-sF
gwen Sssa Tor expulsion from 49,. VS.
the plain reason for the award uss ~
eAe amount or violence used to exns, -
ts.sn alla MS wife vas excessive, thss !,
deprived the man Of the servtess 20,
wlIe for considerable time ana n's
titled him TO compensation. ~ VI
later case, arising our az a.,
between iheater manager and a 49,
iatar, and not directly involving tha 49,
ton OF race discrimination. fuTnishass a IS
decision that has not been sisn,,taf NV
1876 Mr. Augustin DAILY was sued hs,s -, 49,
who bought his case from a sparu,ss .aa
The Spectator sold tickets for a narsas.s
ahce 70 man who was refused asinissaa,
upon presenting the ticket, Mr. naIsr 49,
Ing published notice OF his ceterm,ns,sn.
not to honor tickets obtained from $500
lators. Judge Mcneil. before whom ~.
case was argued, disposed OF the masts.
in language that applies 70 the sljseussan.
or the Malhy law, and clearly considar.s
the rights and obligations of the thea,..
proprietor. He held that the thaatar I.
private property. and is governed. Sd IA
as the public is concerned. by such rules
as the proprietor may see At 10 make i,
is in no sense public enterprise. and !.
consequently not governed by the saps
rules which relate TO common carriers ~
other public institutions of a like eharae.
ter.
The proprietor Of a theater,'' he sais
''is under no obligation TO the public IA
give any performance therein. He has M
duties 10 perform with which the pubs,
are in any legal sense concerned, or win
which the public have any right TO inter.
fere. II is true that he pays for lieens.
for the privilege of giving theatrical ex.
hibitions, but this in no way changes thu
character OF the institution from private
10 a public one.
He may shut up his theater, or he nav
use the theater property fer other pur-
poses than theatrical entertainments IN
which case he is under 70 obligation Ia
pay a license. 1t is only when he uses
his property fer that purpose that a Ii.
cense fee is required.
If the proprietor of a theater sees ft IA
discontinue performances. the public ean
not complain. This being So the proprie-
tor of theater has q perfect right to say
whom he will or Will not admit TO his thea
ter, and should any one apply at the box
office of a theater and desire TO purchase
tickets OF admission and be refused, thsrs
can he no question that he would have no
cause OF action against the proprietor Of
the theater for such refusal. And In the
same way, II tickets arc sold to person
the proprietor may still refuse admission
in which case the proprietor would be
compelled to refund only the price paid
for the tickets of admission, together
with such other expense as the party
might have been put 10. but which expense
must be directly connected with the issa-
ing of the ticket of admission. For he
could not accept money for the
right of admission TO his thea.
ter. and then. upon refusing that
admission. seek TO retain possession Of tho
n
ticket is simply a license TO the party pre-
senting the same TO witness a perform
ance to be given at a certain time and.
being a license personal in its character,
can be revoked
\ man who keeps hotel Is required by
law 10 entertain those persons who are
willing and able TO pay for their enter
tainment and who are proper" persons
The law has for many years so included all
travellers, and the word traveller has
come TO be construed so literally that the
Malby law is scarcely more than more
elaborate wording of the old meaning.
The tavern keeper has by law been re-
quired, in most states, to receive "all trav-
eIers" until his house is filled. If appl.
cants are in g fit condition 10 be received
If the hotel keeper refuses. without Just
cause, TO receive and entertain traveller
for whom there is room, falsely stating
that the house is full when Ii is not. he -
liable TO be sued. The landlord may refuss
TO receive n notorious thief or an appll-
cant who conducts himself in disorderly
manner, or one whose misconduct or flthy
appearance would subject guests TO an
noyance.
But the landlord has other duties that
imply the right to regulate his business.
He may designate the room which each
guest shall occupy. He may designate
the room in which his guests shall dine.
and the tables at which they shall hs
served. He may change his guests from
room to room. These things. IL Is pre-
sumed, are not to be done capricionsly.
but according to rules. which, together
with his scale OF prices, are required 10
be posted in each room Of the hotel.