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Hall v. DeCuir U.S. 485 (1878)

handle is hein.slavery/ussccases0447 and id is 1 raw text is: HALL v. DECuIR.

trial in the second, and yet the defendants were allowed to file
eight bills )f exceptions, which purport to be applicable to each
of the two cases; and the judgment in each case is removed
here by one writ of error, though the transcript does not show
that the two cases were ever consolidated. Such proceedings
are palpably irregular; but inasmuch as they are not the sub-
ject of objection by either party, the court has decided to exer
cise jurisdiction and dispose of the controversy. Separate
judgments having been entered in the court of original juris-
diction; the judgment rendered here must be separately applied
in the court below.                          Judgment affirmed
HALL v. DECuiB.
The Supreme Court of Louisiana having decided that an act of the General
Assembly, approved Feb. 23, 1869, entitled An Act to enforce the thirteenth
article of the Constitution of this State, and to regulate the licenses mentioned
in said thirteenth article, requires those engaged in the transportation of pas-
sengers among the States to give all persons travelling within that State, upon
vessels employed in such business, equal rights and privileges in all parts of
the vessel, without distinction on account of race or color; and subjects to an
action for damages the owner of such a vessel who excludes colored passen-
gers, on account of their color, from the cabin set apart by him for the use of
whites during the passage: this court, accepting as conclusive this construc-
tion of the act by the highest court of the State, holds that the act, so far as
it has such operation, is a regulation of inter-state commerce, and therefore,
to that extent, unconstitutional and void.
ERROR to the Supreme Court of the State of Louisiana.
By the thirteenth article of the Constitution of Louisiana it
is provided that all persons shall enjoy equal rights and privi-
leges upon any conveyance of a public character. By an act
of the General Assembly, entitled  An Act to enforce the thir-
teenth article of the Constitution of this State, and to regulate
the licenses mentioned in said thirteenth article, approved
Feb. 23, 1869, it was enacted as follows: -
SECTION 1. All persons engaged within this State, in the business
of common carriers of passengers, shall have the right to refuse to
admit any person to their railroad cars, street cars, steamboats, or
other water-crafts, stage-coaches, omnibuses, or other vehicles, or

Oct. 1877.]

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