Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-31
TO PROTECT UNIFORM
LAW AGAINST DISQUALIFICATION
WANTED BY PRESIDENT.
Matter Referred to the Attorney Gem
eral-Judge Advocate General
Davis View.

II President Roosevelt can bring such
thing about, Congress will pass law
which will prevent discrimination against
the uniform of the army or the navy. At
the present time several cases involving
that 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 the judge Of the
city court, has given an impetus to the
movement set on foot by the President
some time ago to insist that the uniform
shall be respected in all public places.
An interesting phase of the Plattsburg
case was brought to light today when 1t
became known that City Judge Everest,
who decided against the soldiers, recently
wrote to the President, stating the grounds
on which he based his decision, maintain
ing In effect that the case was not one
within the meaning Of the bill OF rights,
affecting the question of race; creed OF
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 uni
form of the army or the navy. That 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 ques-
ton, but at the same time suggested that
and the Attorney General might be sought
in reference thereto. Chairman Jenkins, az
the same time, related 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. rms,
Chairman Jenkins remarks, was not dis
elimination against the guests in question,
but was an objection to their mode Of dress,
a position in which the proprietors were
justified.
However, acting on Chairman jenkins
suggestion the whole subject has been re-
ferred to the Attorney General for his ac-
ton.
View of Gen. Davis.
In his Endorsement on the papers in the
case Judge Advocate General Davis says:
Respectfully returned to the military
secretary. Section pa of the bill of rights
of the state of New York contains the re-
quirement:
eff a person who owns, occupies. man
ages or controls building. park, Enclosure
or other place opens the same to the pub
lie generally at stated periods or otherwise,
he shall not discriminate against any per-
son or class of persons in the price charged
for admission thereto. A person violating
the provisions of this section is guilty OF
misdemeanor' Oil Birdseye's Revised
Statutes. New York, p 31S1 Sd Ed
Section D provides that: All persons
w
entitled to the full and equal accommoda-
tons, advantages, facilities and privileges
of inns, restaurants. hotels. eating houses,
bath houses, barber shops theaters, music
halls, public conveyances, on land ana
water and all other places of public &C
commodation or amusement. subject only
to the conditions and limitations estab-
lished by law and applicable alike to all
citizens (Sec. %, Ibid)
1.-The following requirements are more
comprehensive in their terms than is sec
ton % of the bill of rights, in which exclu-
sion on the ground of race, color or pre-
vious condition of servitude is expressly
prohibited.
I'm view of the very general character of
the language used in the sections above
cited, it is recommended that the papers
in this case be referred to the Department
Of Justice, with the request that it be ex-
amined with view to determine the pro-
prety of obtaining a review of the decision
rendered by the court of original jurisuic-
ton