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
Only two States, Minnesota and Wisconsin, mention saloons in their Civil
Rights Bills. And in Minnesota, they were not added till 1899, as a
result of the following case: A Negro was denied accommodation in a
saloon. At that time, the statute required equal accommodations in inns
and “places of public resort, refreshment, accommodation, or
entertainment.” The court[276] of that State, in passing on the case,
held that a saloon is not among the other “places of public
refreshment.” The court suggests that “or other” means “other such like”
and includes only places of the same nature as those already mentioned
specifically in the statute. About the Negro, the court said: “It is a
well-known fact that, owing to an unreasonable race prejudice which
still exists to some extent, the promiscuous entertainment of persons of
different races in places where intoxicating drinks are sold not
infrequently result in personal conflicts, especially when the passions
of men are inflamed by liquor. Hence the legislature might have omitted
saloons for that reason.” The next year the legislature answered
otherwise by adding saloons to the Civil Rights Bill.
In 1899 a bar-keeper in Ohio charged a Negro thirty cents for a
cocktail, the regular price to white customers being only fifteen cents.
The Civil Rights Bill of Ohio did not mention saloons, but said “other
places of public accommodation and amusement.” The court[277] held that
saloons were not included, adding, in the same spirit as the Minnesota
court “... nor should we interpret this statute as encouraging a tariff
which the clearly defined policy of the State discourages.”
A statute of Louisiana[278] of 1908 requires separate saloons for white
and colored persons. The Louisiana court,[279] in July, 1909, held that
the sale of liquor to white and colored persons must not be conducted in
the same building, and that the statute is not obeyed by providing
separate bars in the same building. The saloon keeper had attempted to
avoid paying taxes on two saloons by operating two bars in the same
building.
In Atlanta,[280] before State prohibition began, there were separate
saloons for the white and colored people. An ordinance of
Nashville,[281] Tennessee, which went into effect July 7, 1907, required
the segregation of the races in saloons.
SODA FOUNTAINS
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