Walker v. Sauvinet
Decision Date | 01 October 1875 |
Citation | 23 L.Ed. 678,92 U.S. 90 |
Parties | WALKER v. SAUVINET |
Court | U.S. Supreme Court |
ERROR to the Supreme Court of the State of Louisiana.
This is an action brought by Sauvinet against Walker, a licensed keeper of a coffee-house in New Orleans, for refusing him refreshments when called for, on the ground that he was a man of color.
Art. 13 of the Constitution of Louisiana provides that 'all persons shall enjoy equal rights and privileges upon any conveyance of a public character; and all places of business or of public resort, or for which a license is required by either state, parish, or municipal authority, shall be deemed places of a public character, and shall be open to the accommodation and patronage of all persons, without distinction or discrimination on account of race or color.' On the 23d February, 1869, an act was passed by the general assembly of the State, entitled 'An Act to enforce the thirteenth article of the Constitution of this State, and to regulate the licenses mentioned in said thirteenth article.' Sect. 3 of this act is as follows:——
' .
On the 27th February, 1871, another act was passed, entitled 'An Act to regulate the mode of trying cases arising under the provisions of article thirteen (13) of the Constitution of Louisiana, or under any acts of the legislature to enforce the said article thirteen of the said Constitution, and to regulate the licenses therein mentioned.'
Sects. 1 and 2 of this act are as follows:——
' .
Walker in his answer denied all the allegations in the petition, and prayed for a trial by jury. The cause was thereupon tried by a jury, who failed to agree. This having been entered upon the minutes, Sauvinet, by his counsel, moved that the court proceed to decide the case under the provisions of sect. 2 of the act of 1871. To this Walker objected, alleging for cause that the act was unconstitutional, but without specifying in what particular. Time was given couns...
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