Reports of Cases At Law And in Chancery Argued ..., volume 98; volume 128
Reports of Cases At Law And in Chancery Argued ..., volume 98; volume 128
Illinois. Supreme Court
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Morris, for the appellee: Appellee's cause of action arose from the act of appellant in absolutely refusing to sell her any seat in his theater be- cause of her color, and not, as contended by appellant, in de- nying her a particular one ; and because of this, so far as this case goes, the question so ably discussed by counsel, as to the right of appellant to provide colored people with seats equally as good as the ones given to white persons, does not arise. The statute is a just and proper ex...ercise of the police powers Tested in the State, and in no way violates the property rights protected by the constitution. Joseph v. Bidweli, 28 La. Ann. 382 ; Cooley's Const. Lim. 734. Providing accommodations equally as good, is not a com- pliance with a statute which provides that there shall be no discrimination or exclusion on account of color. It is merely **an ingenious attempt to evade a compliance with the obvious meaning of the requirements" of the law. Railroad Co. v. Broum, 17 Wall. 445.
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