Race Distinctions in American LawStephenson, Gilbert Thomas
History
Race Distinctions in American Law
Stephenson, Gilbert Thomas
African Americans -- Politics and government; Law -- United States -- History; United States -- Race relations
The above is clearly another race distinction. Although there are many
decisions to the effect that it is actionable _per se_ to call a white
person a Negro, not one can be found deciding whether it would be so to
call a Negro a white person. One event looks, in a measure, in this
direction. The city of Asheville, North Carolina, in 1906, contracted
with a printer to have a new city directory issued. The time-honored
custom of the place was to distinguish white and Negro citizens by means
of an asterisk placed before the names of all Negroes. After the
directory had been distributed, it was found that asterisks had been
placed before the names of two highly respected white citizens, thus
indicating that they were of Negro lineage. From what has been seen,
there is no doubt that this would found an action for libel. The
newspaper report says: “On the heels of this suit brought by Mr.
Lancaster [one of the white persons], it is said that Henry Pearson is
seriously considering bringing suit against the same people because an
_asterisk was not_[54] placed before his name. Henry is a Negro. In fact
he is one of the best-known Negroes in Asheville. He is at present
proprietor of the Royal Victoria, a Negro hotel, and complains that he
has been the object of many unpleasant jests since the publication of
the directory, and likewise inquiries as to just ‘when he turned white.’
Pearson fears that if the report goes abroad that he is a white man it
will damage his hotel, and that the Negroes who make his place
headquarters and who pay into Henry’s hands many shekels will cease to
patronize his hotel, and that his losses will be grievous.”[55] This
case is unique; whether it has been brought to court is as yet unknown.
It is probable that to sustain his action it would be necessary for the
Negro to prove special damage to his business; whereas Mr. Lancaster
would not have to allege or prove any damage at all. But, save in such a
case as the above, it would be hard to imagine a circumstance in which a
court would hold that it is injurious to a Negro in his trade, business,
office, profession, or in his social relations to be called a white man.
NOTES
Footnote 44:
Eden v. Legare, 1791, 1 Bays (S. C.) 171.
Footnote 45:
Wood v. King, 1818, 1 Nott & McC. (S. C.) 184.
Footnote 46:
Barrett v. Jarvis, 1823, 1 O. (1 Hammond) 84, note.
Footnote 47:
McDowell v. Bowles, 1860, 8 Jones (N. C.) 184.
Footnote 48:
Spotarno v. Fourichon, 1888, 40 La. Ann. 423.
Footnote 49:
Upton v. Times-Democrat Pub. Co., 1900, 28 So. 970.
Footnote 50:
Flood v. _News and Courier_ Co., 1905, 50 S. E. 63.
Footnote 51:
93 N. Y. 438 (1883).
Footnote 52:
Wolfe v. Ry. Co., 1907, 58 S. E. 899.
Footnote 53:
So. Ry. Co. v. Thurman, 1906, 90 S. W. 240; 28 Ky. L. Rep. 699; 2 L.
R. A. (N. S.) 1108.
Footnote 54:
Italics the writer’s.
Footnote 55:
Raleigh, N. C, _News and Observer_, July 25, 1906.
Public-domain text, read in full here on John Shaqi.
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