The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1902-03-01
COURTS DECISION.
Full Text of Judge Martins Decision in tn,
Minnesota Constitutional RIGHTS Case.

Full Text of Judge Martins Decision, in the
Minnesota Constitutional Rights Case.
= Charles w. Scrutchin plaintiff. VS.,
Eugene Smith, defendant .@,-.-.sl
The above entitled action, after
several adjournments, came on fol-
trial before a jury of twelve men, in
the Village of Bemidji, County of Bel
trami, State of Minnesota, on the 18th
day OF February, 1902, at 10 o'clock a
M, the Hon. w. F. Street and John F.
Gibbons, Esq, appearing as attorneys
for the plaintiff, and L. H. Bailey
Esq, appearing as attorney for the
defendant. After trial lasting two
days, the case was submitted to the
jury, and the jury, after being out a
reasonable time and failing to agree
were discharged by the court, and the
court ordered another. jury unless the
defendant would admit upon the rec
ord and consent that the court decide
the case according to the statute in
such case made and provided. Where
upon the defendant and the plaintiff
consented that the court should de-
eide the matters in issue between said
parties.
The plaintiff bases his cause of ac
ton upon alleged violation blythe de
PENDANT of the following statute
adopted and passed by the legislature
OF this state and approved by f GOV.
crnor March 6, 1899, to-wit: -.
r. : An act to protect all persons in
their civil and legal rights. Be It en-:
acted by the legislature of the state
of Minnesota:
Section L. That any person who ex.
cludes any other person withfhr the
state OF Minnesota on account of race
color or previous condition of servi
tude from the full and equal enjoy.
ment of any accommodations. adyan.
tage, facility or privilege furnished by
lnnkeepers, hotel Keepers, saloonkeep.
ers. managers or lessees, common car
rlers; owners, managers or 1essees OF
theaters, or other places of amuse
ment, or public conveyance on land or
water, restaurants, barber shops. eat.
ing houses, saloons or other places of
public resort, refreshment or accom-.
mediation, or entertainment, or de.
MES. aids or incites another to deny
to any other person because of race.
creed or color, or previous condition
OF servitude, the full and equal enio,y--
ment OF any of the accommodations,
advantages, facilities or privileges Of
any hotel, inn, tavern, restaurant, eat.
ing house, saloon, soda water foun-
tain. ice cream parlor, public convey
ance on land or water. theater, barber
shop or other place of public refresh.
m ll amusement, instruction. accom-
mediation or entertainment. shall be
deemed guilty of a misdemeanor and.
upon conviction thereof, shall be pun.
lshable by a fine of not less than
tWenty-fve t25) dollars, nor more
than one hundred q 1909 dollars, or i'm i'm
prlsonrnent in the county Jail for not
less than thirty (3D) days nor more
than ninety GOO. days. And III addis
Ton TO the punishment prescribed
herein the person SO Offending shall
pc liable IN damages in sum not ex5
eeeding five hundred (50O) dollars to
me 'fl,7 party aggrieyed. to be recovered
IN civil action.
Sec. z. All acts and parts Of acts!
inconsistent with the provisions ofs
this act are hereby repealed.
The cause of the enactment Of the
above cited statute was the reversal
n rs the supreme court in the cele-3
arescd Loomis cas- i. il, ..lsrs.n 4 Negro