The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1905-11-23
Z JIMGR0W' law
ARGUED BY
ATTORNEYS
And Has Been Taken Under ADJ
ViSemeHt by Court Commits
SiORsT COStOn.

The petition of J.. b. Groom, cOlored
to be released from custody of the
city marshal on account Of violation
of the city ordinances by occupying a
compartment other than that prOvid-
ed on the street cars for cOlOred peO-
pie, was argued yesterday at length
before Court Commissioner Coston, the
case coming up on habeas corpus pro
ceedings, which were sued out the
day previous.
City Attorney John B. ZONES and j.
c Avery, Jr.. appeared for the city
and J. l.. Purcell and George Parker
for the petitioner
The arguments commenced at $50
o'clock i'm the afternoon and contin-
ued until after O'Clock in the even
ing. The attorneys Of the petitioner
claimed the city had no tight under
the constitution of florida to pass
such an ordinance and that II was
unconstitutional and void.
The attorneys for the city, however,
cOntended that the ordinance was le-
gal and that the council had the right
and power to enforce the same.
The Petition.
The petition of the. attorneys of
Groom, requesting the habeas corpus
proceedings, is as follows
In Circuit Court, First Judicial Cir
cult of Florida, Escambia County.
In re Petition Of L. B. CrOom-Ha-
beas Corpus.
'To Honorable Francis B. Carter,
Judge of our said Court:
The petitioner. i. B. Groom. of the
afH 80 Tnna,e.r.--ra-
bia, State of Florida,sg complaining
says:
That he is detained and imprison-
ed in the Jail of the city of Pensacola,
Florida, by c. F. Schad, marshal of
said city, on a charge of violating the
city ordinance of SAID city separating
white and cOlored passengers riding
on street cars In said city Of Pensa-
cola, Florida, being held by virtue of
a warrant for the commitment of pc
titiOner, a COPY whereof is hereto at.
tached, and which detention and inn
prisOnment of petitioner are unjust
and contrary to law. And petitioner
further shows that the ordinance on
which he was imprisoned, and after
warns convicted and is now imprlsOn-
ed and detained. is unconstitutional
and void, a certified copy of which or
dinance is hereto attached: said Or
0inance is void and of no effect.
First-BeCause the City Council of
the city Of Pensacola, Florida, had no
authority or power under it's charter
20 enact said ordinance.
"Second-Said ordinance is unrea-
sonable. and unnecessary.
C,rffrr4 Of aofr
is vague and uncertain and attempts
to delegate to persons and corpora
tons power and authority to make
laws, rules and regulations governing
the separation of the races on street
cars, etc.
"Fourth-Said ordinance is a VIC
lation of Art. 8, Sec. 20. Constitution
OF Florida, in that section Z of saia
ordinance is purely class legislation.
and violates the provisions of the
18th amendment of the constitution
OF the United States.
"Fifth-That said ordinance as|
operated by the street car company isl
q denial 10 petitioner Of the equal
protection of the law. in that said or
diuance is so enforced and operated as
to compel petitioner and all other
cOlored persons, your petitioner. being
a c0lOred person, at all times while
white passengers are on street cars.
to sit ana ride in the rear end Of said
car, while white passengers are al
lowed to ride at all times I'm the front
end of the car, and that said rear end
Of the car does not afford him and all
other cOlOred persons, while passen-
gers. of the benefit Of pure. fresh air
when riding on said cars as aforesaid
on account of being forced to ride in
the rear as aforesaid. branls petition
er and his race as an inferior race:
and this discrimination against Deti-
toner and his race is entirely on &C.
count Of his race. and previous con
ditiOn Of seTTiJude.
ITO be relieved of from which said
detention and Imprisonment petitioner
row applies. PRAYING that a writ oil
habeas corpus directed TO the said G.
+. Schad. as sai0 marshal. may Issue
ia this behalf pursuant TO the statute
iu such case made and provided. SO
that petitioner may be forthwith
brought before your honor. to do. sub