The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-02-01
RIGHTS Of THE
HIGH PRIvATES
Roosevelt Again on Trail of
Those Who Discriminate
Against Soldiers.
FEDERAL LAW ADVOCATED
CHAIRMAN JENKINS NOT VERY
ENTHUSIASTIC.
FEDERAL LAW ADVOCATED

,,..,bineton. Jan. elf President
r...,velt can bring such thing about,
60, will pass a law which will pre-
wy, discrimination against the uniform Of
~. ,rny or the navy. Several cases in
King this question are pending in state
&c but the more recent case of the
.s,sal Of skating rink proprietor at
p,.,,sburg. y. Y. To admit two soldiers
n-,f,rn which was sustained by Judge
,,~,-ett Of the city court. has given an
1.,etus 10 the movement set on foot by
80 president some time ago 10 insist
/ 80 tbe uniform shall be recognized in all
pu ~, Interesting phase Of the Plattsburg
,ses developed today when IT became
known that Judge EvereS3t recently wrote
~ nresident stating the grounds on
which ne based his decision, maintaining
H,t f,o case was not one within the
/ moaning Of the bill OF rights. affecting
tbe question Of race. creed or color. He
srerli,. evnrogsed tie opinion, however,
,oocress and "a bill passed making it an
ofrense TO discriminate against the uni
form of the army or navy.
Chairman Is Conservative.
This Iofter wa referred by the presi-
f5dirfar, committee. who took "A rather
g01sprr9Ifvs view as to the right of con-
prcsg 10 deal with the question. hut sug-
rcstlug that the opinion of the judge
advocate general and the attorney gem
oral might be sought i'm reference there
IN Chairman Jenkins at the same time
related two instances which had come
,irdor his personal observation where pro-
rretors Of public cafes had gone to guests
and notified them 10 wear their coats or
D
discrimination against the guests in Ques-
ton. but was an objection 90 their mode
Of dress a position iE which he thinks
the prOpriet0rs were justified.
However acting on NJ. Jenkins sug-
gestion. the whole subject has been re
ferred &c the attorney general for his ac-
lion.
Judge Advocates Opinion.
In his endorsement Judge Advocate
General Davis says;
Respectfully returned to the military
secretary. Section - A. of the bill of
rights Of the state Of New York contains
the requirement: If a person who owns.
occupies. manages or controls a building
park enclosure or other place opens the
same 70 the public generally at stated pc
RODS or otherwise, he shall not discrimi-
nate against any person or class of per
sons IN the price charged for admission
thereto. A person violating the provisions
Of this section is guilty OF a INSIDE
mcanOr
Section . provides that all persons
within the jurisdiction OF this state shall
be entitled TO the full and equal accom-
modations, advantages, facilities and priv
lcgcs or inns restaurants hotels. eating
houses. bath houses. barber shops. the
aires musicales, public conveyances on
land and water and all other places OF
public accommodation or amusement. sub
1ect only 10 the conditions and lmita-
tons established by law and applicable
alike 10 an citizens
me foregoing requirements are more
comprehensive i'm their terms than is sec
Ton - IN which exclusion on the ground
OF race, color or previous condition Of
servtuoe, is expressly prohibited.
Appeal Suggested.
Tn view of the very general character
~ the language used in the sections above
cited q is recommended that the papers
IN this case be referred 10 the department
III inst rf. vii hn -