St. Paul recorder. [volume] (St. Paul, Minn.) 1934-2000, 1963-08-08

erIlOr.
Our public accommodations law
prohibits exclusion on account of
race, color, national origin, or re-
ig1on of any person from the full
and equal enjoyment of public
conveyances, theaters or other pub
lie places Of amusement or by
hotels, barber shops, saloons, res
taurants or other places Of refresh
ments, entertainment or accom-
modadons." Segregation by retail
stores, which would also be for
hidden by the public accommoda-
lions proposal has to my know
ledge never been a problem in Min
neSota.
Our law provides for both civil
and criminal remedies. An aggriev-
ed person may receive $500 dam
ages in a civil suit. In addition, one
who violates the statute is guilty
of a gross misdemeanor. To insure
that every visitor to our state is
informed Of his rights under this
law, we print 1t on every copy Of
our official state road map.
Federal Law Badly Needed
An example of the workings of
this law in our state occurred in
September, 1862. A Negro father,
his wife and three children, made
reservations at a northern Mime
sofa resort. The reservations were
confirmed in advance. Upon ap-
pearing at the resort, this family,
tired and hungry from their long
journey, was denied accommoda-
tons.
The resort owner and his wife
were arrested and tried on a Grim
inal charge in a district court.
Upon pleading guilty, they re-
ceived a suspended jail sentence
and paid a heavy fine. In addition
the defendants settled for several
hundred dollars, a civil action filed
by the Negro family because they
had been denied their basic human
rights.
I admit that cases Of this ma
ture under our public accommo-
dations statute are rare. However,
I suspect that with federal legis-
lation they will become more fire.
quent as local officials receive
added pressure to perform their
duty and enforce the law of the
land.
I firmly believe there is an ur-
gent need for a federal public &C.
commodatons law TO complement
and uniformly strengthen state
statutes. Such a law would serve
to emphasize and dramatic on a
national level the public policy
which prohibits discrimination not
only in public accommodations, but
in every aspect Of life.
The bill currently being studied
by this committee will, If enacted,
provide only the minimum assur.
ances Of justice and human digni-
ty. The public accommodations
proposal is no departure from
traditional concepts Of American
justice and fair play.
1t has been said that this bill
will interfere with property
rights" This Is a curious inver-
sion of our legal tradition. For
if racial discrimination is to be
considered property right" 1t is
certainly a novel departure from
common law.
Traditionally, innkeepers as well
as persons engaged in many other
public callings, undertake a duty
to serve all well-behaved members
Of the public who are able to pay
for their services, so long as they
have facilities available.
Common Law Cited
AS early as 1460 - over 300
years before our Constitution was
adopted - it was the tradition
Of the common law that an inn
keeper who violated his obligation
to serve the whole public could be
sued for his injustice.
In 1701 Lord Chief Justice Holt
of England could say, simply, that
IF an innkeeper refuse to enter.
tain a guest when his house Is moi
full, an action will lie against him
He has made profession Of a
trade which is for the public good
and has thereby exposed and vest.
ed an interest in himself In all the
kings subjects that Will employ
him in the way Of his trade"
In 1905, Prof. Beale Of Haryard
In his treatise on Innkeepers an6
Hotels, could find scant legal auth.
ority for any property right" tc
discriminate among members %
the public.
Finally, in almost two-thirds Of
our states, including my own, such
a supposed property right - II II
ever existed at all - has long
since been abolished by public &C.
commodation statutes.
In any event, all property Is
held subject to the demands OF
the public welfare and the COM
mon good. This Is a fundamental
principle Of republican govern
ment. I suggest that those who
cry interference with property
rights" consider who are the rad