92 U.S. 90 (1876), Walker v. Sauvinet

Citation:92 U.S. 90, 23 L.Ed. 678
Party Name:WALKER v. SAUVINET.
Case Date:April 24, 1876
Court:United States Supreme Court
 
FREE EXCERPT

Page 90

92 U.S. 90 (1876)

23 L.Ed. 678

WALKER

v.

SAUVINET.

United States Supreme Court.

April 24, 1876

OPINION

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:----

'SECT. 3. That all licenses hereafter granted by this State, and by all parishes and municipalities therein, to persons engaged in business, or keeping places of public resort, shall contain the express condition, that the place of business or public resort shall be open to the accommodation and patronage of all persons, without distinction or discrimination on account of race or color; and any

Page 91

person who shall violate the condition of such license shall, on conviction thereof, be punished by forfeiture of his license, and his place of business or public resort shall be closed, and, moreover, [he] shall be liable at the suit of the person aggrieved to such damages as he shall sustain thereby, before any court of competent jurisdiction.'

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:----

'SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana in general assembly convened, That all cases brought for the purpose of vindicating, asserting, or maintaining the rights, privileges, and immunities guaranteed to all persons under the provisions of the article thirteen of the Constitution of Louisiana, or under the provisions of any acts of the legislature to enforce the said article thirteen, and to regulate the licenses...

To continue reading

FREE SIGN UP