The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-08-30
THEBOOTBLACK ANDTHENEGRO
A PENDING LAWSUIT or FAR
REACHING IMPORT NdE.
An Upstate Appellate Division Has Ruled
by a Divided Vote That a BOOtb'ack's
Service Must he Given TO whoever
Appllcs-Ilishcr Court Appealed To.

people OF ScottsVllle raised 500 at Cele-
bration a few days ago toward enabling
George W. Burks, the negro porter, To
fight his case against Paul Bosso, the Italian
bootblack. This action has just been
placed upon the Court Of Appeals calendar
II is to decide whether a negro can compel
a white man to perform any kind Of service
for him, and its outcome will be important
and far reaching
News Of the progress Of this case has
been printed from time to time, and up the
State II has become celebrated. Bosso,
the bootblack, has large stand In the
Powers block. His story is that some
time before the beginning of Burks's action
negroes were accustomed to wait about his
stand until white woman took one OF the
chairs. Then one of he colored men would
take a chair beside her. This went on,
the boothlack receiving many complaints
from the women. until he saw his business
dropping off Then he refused to shine
the shoes of colored men any longer, and
Burks, after being refused sued him.
Bosso says he has no personal grudge
against Burks or the colored people, in fact
he has shined Burks's shoes, but it has come
to pass when he has had to decide ono
way or the other 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 votin &
in favor of the negro and two in the boot
blacks favor The appeal shows that
counsel for the latter made this offer on
the trial of the action,
Defendants counsel offered to show
that prior to the refusal Of Mr.. Bosso Ger
tain Colored men hung around the corridor
of the building in which Mr., Bosso had his
place Of business, and waited the oppor-
tunitv until white lady got upon the stand,
and then got up and sat beside her, and by
reason Of that fact many ladies left the
stand and refused TO patronize the stand
unless colored men were denied the
privilege OF being served there.
This was objected 10 by plaintiffs attor-
ney, and the evidence to this effect was not
admitted
Regarding the Importance Of the points
involved, Lawyer Thomas P. McCarrck,
who appears for the bootblack, made this
statement to Sun rep orter:
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 il has been the right and
privilege Of all men 10 refuse business re-
lations with any man. if they so chose,
but II this statute includes the business
OF the bootblack it deprives men Of that
right This statute If it included the boot
black stand, includes also the hairdresser,
chiropodist, tailor and all places the pro-
prietors of which open them to the public.
-The accommodations advantages, facil-
Sties and privileges OF these places are eX-
tended to any citizen by this statute il
Burks is going TO win, so that the result
will be that person can be compelled to
enter into contractual relations with any
man. This need not apply to the colorcd
man alone. The person must give personal
service to whoever may apply. l do not
believe that the statute ever contemplated
such wide application.
ilt dINulNdRfS winch Iltl NOlllNl Rdllt
by the rights secured to them by this inter-
probation of the statute are insignificant,
compared with the restraint to their per-
sonal liberty which must necessarily follow.
The service boorblack renders is strictly
n personal service. Labor performed upon
the person of another is the head under
which it comes, and 10 say that a man can
be compelled to render such service against
his will is severe menace to his personal
freedom and 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-
strlIed 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 weeping phrase, and all other places
of public accommodation and amusement :
"The Legislature has pointed out specii-
cally 10 men who are conducting places
enumerated above that it applies to them
But the bootblack, II he is included in the
statute, must recognize himself mirrored
in the language 'and all other places Of
public accommodation or amusement.
If he fails 70 find himself mirrored in these
words he may be mulCted in damages TO
the extent of 500, and in addition may be
compelled TO serve term in the peniten-
tiary.
so if the Court Of Appeals sust aims
the ruling OF the Appellate Division in this
case, the next day Paul Bosso may he ar
rested and sent to the Monroe county peni-
Tertiary because, forsooth, he did not see
himself mirrored in his statute, which is
so indefinite in its terms as to cause Judges
whose business it is to construe statutes
to divide equally upon the question whether
il 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 it was your duty to know that
ii did, and therefore you must he punished
"The rule Of statutory const rucion is
that whore general words follow specific
words designating special persons or things,
the general words are limited by con-
struction 10 persons or things of the same
character "a those that are specified. Boot
blacks are not specified in this statute
In addition to this it has been held that
statutory offences cannot he established
by implicit lon-that il, that you cannot
imply or read into them an offence that IL
not clearly specified My argument is
that a bootblack cannot be said 10 be in
Guided in this act except by implication"