The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-09-06
10 BLACK NEGROES SHOES
Blacks in New York Wage Legal Fight to
Compel the Whites.

Compel the Whites.
Negroes of Scottsville have raised 5000
at a celebration a few days ago toward
enabling George w Burks, the negro
porter, to fight his case against Paul
Bosso, the Italian boothback This action
has just been placed upon the Court of
Appeals calendar. 1t is to decide whether
a negro can compel a white man to per-
| form any kind of service for him, and its
outcome will be important and far-reach-
ing.
Bosso, the bootblack, has large stand
In the Powers Block. His story is tA4t
some time before the beginning of Burks'
action negroes were accustomed to wait
about his stand until a white woman
| took one OF the chairs. Then one of the
negroes would take chair beside her.
| This went on, the bootback receiving
many complaints from the women, until
ne saw his business dropping off Then
he refused to shine the shoes Of negroes
any longer, and Burks, after being re-
| fused, sued him.
Posso says he has no personal grudge
| against Burks the coorcd people; IN
fact he has shined Burks shoes, but it
has come to a pass when he has TO decide
definitely whether he will serve whites
or blacks, and he made up his mind
10 refuse to shine the shoes of any more
colored men.
The Appellate Division was divided
upon the case three of the justices voting
III favor of the negro and two IN the
bootblack's favor. The appeal shows that
counsel for the bootblack made this offer
on the trial of the action:
Defendants counsel offered to show
that prior to the refusal of Mr.. Bosso
certain coIored men hung around the cor
ridor Of the building in which Mr. Bosso
bad his place of business and waived the
opportunity until white lady got upon
the stand, and then got up and sat be-
side her. and by reason Of that fact many
| ladies left the stand and refused to pat
ronize the stand unless colored men were
denied the privilege of being served
| there
This was objected to by the negro's at
toney, and the evidence to that effect
was not admitted.
| Regarding the Importance OF the points
involved, Lawyer Thomas p. McCarrck,
who appears for the bootblack, made this
statement:
1.-The question involved in this case is
whether man can be compelled against
his will, to render personal service to
another If the plaintiff succeeds In this
| appeal the effect of the decision will be a
| serious menace to all business men. From
| the earliest time it has been the right
and privilege of all men to refuse business
relations with any man, if they so chose,
but if this statute includes the business
of the bootblack it deprives men of that
right This statute, if it includes the
bootpack stand, includes also the hair
dressers, chiropodist, tailor and all places
the proprietors of which open them to
| the public.
1.-The accommodations, advantages, facil-
titles and privileges of these places are ex-
tended to any citizen by this statute if
Burks is going to win, so that the result
| will be that a person be compelled
| to enter into contractual relations with
any man. This need not apply to the
colored man alone. The person must give
personal service to whoever may apply.
do not believe that the statute ever con-
templated such a wide application.
1.-The advantages which men would gain
by the rights secured to them by this
Interpretation OF the statute are insight
ficant compared with the restrain to their
personal liberty which must necessarily
follow. The service a bootblack renders
is strictly a personal service. Labor per-
formed upon the person Of another is
| the head under which it comes, and to
say that man can be compelled to reu-
der such service against his will is a Sc
we're menace to his personal freedom and
a step backward.
THE statute under which this action
was commenced is a penal statute, and
| from the earliest time decisions of the
/ courts in this state have universally held
| that penal statutes must be strictly con-
strued My contention is that strictly
| construed this statute does not include
| the business of bootblack. The statute
enumerates inns. restaurants, hotels, eat
ing houses. lighthouses, barber shops
theatres. music halls, public conveyances
on land and water, and then it closes
with this sweeping phrase, and all other
places of public accommodation and
amusement
1.-The Legislature has pointed out spe-
officially to men who are conducting places
enumerated above that it applies to
them. But the bootblack, if he is includ-
cd in the statute, must recognize him
self mirrored in the language and all
other places of public accommodation or
amusement If he fails to find himself
mirrored in these words he may be mulch
ed in damages to the extent of $500, and
in addition may be compelled to serve
a term in the penltentlary
$50 if the Court of Appeals sustains the
ruling of the Appellate Division in this
case. the next day Paul Bosso may be ar
rested and sent to the Monroe County
Penitentiary because, forsooth, he did not
see himself mirrored in this statute,
which is so indefinite in its terms as to
cause judges whose business it Dis to con
strue statutes to divide equally upon the
question whether it applied to him or
not In other words, the court says to
him. we differed among ourselves as to
whether this statute applied to you, but
hot = ay1H