Omaha daily bee., 1907-02-01
LAW TO PROTECT UNIFORMS
President Desires 60 Give Social
Lights 20 Soldiers ana
Sailors.

WASHINGTON, Jan. si.-n President
Roosevelt can bring such a thing about,
congress will pass a law which will pre-
vent discrimination against the uniform
Of the army the navy. Several cases
involving this question are pending in
state courts, but the more recent case of
the refusal of a skating rink proprietor at
Plattsburg, N. Y, to admit two soldiers
In uniform, which was sustained by Judge
Everest of the city court, has given an
impetus to the movement set on foot by the
president some time ago to insist that
the uniforms shall be recognized in all
public places.
In interesting phase OF the Plattsburg
case developed today, when II became
known that Judge Everest recently wrote
the president stating the grounds on which
he based his decision, maintaining, in eff
feet that the case was not one within the
meaning of the bill of rights, affecting
the question of race, creed or color. He
frankly expressed the opinion. however,
that the matter should be taken up by
congress and a bill passed making It an
offense to discriminate against the uniform
Of the army or the navy.
jenkins IL Conservative.
This letter was referred by the president
to Chairman Jenkins of the house judiciary
committee, who took a rather conservative
view as to the right of congress to deal
with the question, but suggesting that the
opinion of the judge advocate general and
the attorney general might be sought in
reference thereto.
Chairman Jenkins at the same time, re-
lated two instances which had come under
his personal observation where proprietors
of public cafes had gone to guests and
| notified them to wear their coats or else
leave the premises. This, Chairman Jen-
kins remarks, was not a discrimination
against the guests in question, but was an
objection to their mode OF dress, a position
in which he thinks the proprietors were
justified.
! However, acting on Chairman Jenkins
suggestion, the whole subject has been
referred to the attorney general for his
| action.
In his endorsement Judge Advocate Gen.
eral Davis says:
rotary. Section % A of the bill of rights
! OF the state of New York contains the re-
| quirement:
Law of New York.
"If a person who owns occupies, man
| ages OF controls building, park, enclosure
| or other place opens the same to the pub
TIC generally at stated periods or other
charged for admission thereto. A persof
! violating the provisions of this section II
guilty OF misdemeanor."
Section % provides; That all personi
within the jurisdiction OF this state shall
be entitled to the full and equal accommo
dations, advantages, facilities and priv
| ileges of inns, restaurants, hotels, eating
houses, bath houses, barber shops, thea
tiers, music halls, public conveyances OF
land and water, and all other places o
public accommodation or amusement, sub
ject only to the conditions and Imitation
established by law and applicable alik
on all citizens"
The foregoing requirements are NOR
comprehensive in their terms than Is sec
ton 20 of the bill of rights, within whicl
exclusion on the ground Of race, color o
previous condition of servitude is expressl.
prohibited. 900
In view of the very general character o
the language used in the section abov
cited II Is recommended that the papers Il
this case be referred to the Department o
Justice, with the request that It be ex
amined with view to determine the pre-
priety of obtaining review Of the de
cision rendered by the court of origina
jurisdiction.