The record-union., 1897-02-17
A QUESTION OF COMMON RIGHT.

Assembly bill No. 4 is by Mr.. Dib-
giving statutory support to the estab-
lished and guaranteed rights of all
citizens of the United States within
the jurisdiction of this State.
1t provides that every citizen shall be
entitled to equal and full accommoda-
tion with any other citizen, equal ad-
vantages, facilities and privileges in all
inns. restaurants, hotels, barber shops,
thsaters, skating rinks and all other
places Of public accommodation or
amusement. but subject, of course, to
the conditions and limitations estab-
lishnd by law and applicable alike to
all citizens.
Under the law, as a ma tier of course,
the reasonable regulations which a
landlord, caterer or manager may make
for the government of his place of busi-
mess, and the conduct of guests therein,
are supported by the courts. Indeed,
these local police regulations may be of
a very severe, almost an exclusive
character, so.long as they are made to
apply to all 'citizens alike. The courts
have repeatedly held to this effect, so
THAT the proposed law makes no change
in the legal status of proprietors and
managers.
The second section of the bill pro-
vides,for the enforcement of the meas
,,~e. 49, of for
its violation, and for discrimination
made without good cause. The bill
mas so far progressed that it has gone
sto.the Senate, where II is in the hands
ORA committee.
There is no reason why the bill
should not become a law; there is every
reason why it should be transferred To
the statute books. There can be no
reason against it, because the four
teenth amendment to the Cons titution
of the, Republic guarantees to all ctti-
zens equal protection OF the laws.
There is every reason for its passage
because it is founded in right, justice
and equity.
for the enactment of such a statute as
that proposed is due, probably. to the
fact that there are still some people in
thiss State conducting places of public
accommodation and amusement who
hold their prejudices and personal
tastes to be superior to the declaration
of the fundamental law of the nation
whichtwas born OF the mightiest strug-
gle ever known among a free people
Because there are such people, it is
found necessary to attach penalties Il
their violation of the rights of ciu-
zens.sand not drive those unlawfully
Disseminated against to the costly anc
wearisorne resort Of remedy through
civil process. we cannot in common
justice refuse to protect the colorec
citizen in his rights TO have all tbs
accommodations which are accorded
1y common carriers. common victual-
ers and traders generally under th'
yIaw. so long as we impose upon the col
ored citizen the same duties, oblfga
tions and taxes that are 3ncumben
upon other citizens. Here, indeed, j:
an illustration OF the exact justice tina
must prevail in a civilization and sys
tenn of government that makes no dis
tinction whatever In the imposition o
duties and obligation because of race
color or condition.
Those who cater to the public do no
do, so except by and under the consen
of the people as expressed in thei
laws This consent is given, therefore
subject to all the rights of all the peo
pie under the laws, and charged wit
all the duties and obligations of tn
State to it's citizens. The caterer, inn
keeper or manager, therefore, VII
onens a place of entertainment unde
the protecting wing of the law does
subject to all the restrictions, condi
tions and obligations Of the law ana 9
the government behind it.
Among these is the obligation I'M