The Works of Robert G. Ingersoll, Vol. 08 (of 12): Dresden Edition—InterviewsIngersoll, Robert Green
Religion
The Works of Robert G. Ingersoll, Vol. 08 (of 12): Dresden Edition—Interviews
Ingersoll, Robert Green
Free thought
_Answer_. Yes, I do. That part of the opinion is especially
strong. He shows conclusively that a common carrier is in the
exercise of a sort of public office and has public duties to perform,
and that he cannot exonerate himself from the performance of these
duties without the consent of the parties concerned. He also shows
that railroads are public highways, and that the railway company
is the agent of the State, and that a railway, although built by
private capital, is just as public in its nature as though constructed
by the State itself. He shows that the railway is devoted to public
use, and subject to be controlled by the State for the public
benefit, and that for these reasons the colored man has the same
rights upon the railway that he has upon the public highway.
Justice Harlan shows that the same law is applicable to inns that
is applicable to railways; that an inn-keeper is bound to take all
travelers if he can accommodate them; that he is not to select his
guests; that he has not right to say to one "you may come in," and
to another "you shall not;" that every one who conducts himself in
a proper manner has a right to be received. He shows conclusively
that an inn-keeper is a sort of public servant; that he is in the
exercise of a _quasi_ public employment, that he is given special
privileges, and charged with duties of a public character.
As to theatres, I think his argument most happy. It is this:
Theatres are licensed by law. The authority to maintain them comes
from the public. The colored race being a part of the public,
representing the power granting the license, why should the colored
people license a manager to open his doors to the white man and
shut them in the face of the black man? Why should they be compelled
to license that which they are not permitted to enjoy? Justice
Harlan shows that Congress has the power to prevent discrimination
on account of race or color on railways, at inns, and in places of
public amusements, and has this power under the Thirteenth
Amendment.
In discussing the Fourteenth Amendment, Justice Harlan points out
that a prohibition upon a State is not a power in Congress or the
National Government, but is simply a denial of power to the State;
that such was the Constitution before the Fourteenth Amendment.
He shows, however, that the Fourteenth Amendment presents the first
instance in our history of the investiture of Congress with
affirmative power by legislation to enforce an express prohibition
upon the States. This is an important point. It is stated with
great clearness, and defended with great force. He shows that the
first clause of the first section of the Fourteenth Amendment is
of a distinctly affirmative character, and that Congress would have
had the power to legislate directly as to that section simply by
implication, but that as to that as well as the express prohibitions
upon the States, express power to legislate was given.
Public-domain text, read in full here on John Shaqi.
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