Undoubtedly, if Congress could legislate on the subject at all, its
legislation, by the act of 1st March, 1875, was within the principles
thus announced.
The penalty denounced by the statute is incurred by denying to any
citizen “the full enjoyment of any of the accommodations, advantages,
facilities or privileges” enumerated in the first section, and it is
wholly immaterial whether the citizen whose rights are denied him belongs
to one race or class or another, or is of one complexion or another. And
again, the penalty follows every denial of the full enjoyment of any
of the accommodations, advantages, facilities, or privileges, except
and unless the denial was “_for reasons by law_ applicable to citizens
of every race and color, and regardless of any previous condition of
servitude.”
_Mr. William Y. C. Humes_ and _Mr. David Posten_ for the Memphis and
Charleston Railroad Co., defendants in error.
THE DECISION OF THE COURT.
MR. JUSTICE BRADLEY delivered the opinion of the court. After stating the
facts in the above language, he continued:
It is obvious that the primary and important question in all the cases
is the constitutionality of the law; for if the law is unconstitutional,
none of the prosecutions can stand.
The sections of the law referred to provide as follows:
“SEC. 1. That all persons within the jurisdiction of the United States
shall be entitled to the full and equal enjoyment of the accommodations,
advantages, facilities and privileges of inns, public conveyances on land
or water, theatres and other places of public amusement; subject only to
the conditions and limitations established by law, and applicable alike
to citizens of every race and color, regardless of any previous condition
of servitude.
Public-domain text, read in full here on John Shaqi.
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