State v. Pearson

Citations

• 110 La. 387
• 34 So. 575
• 1903 La. LEXIS 640

Syllabus

<p>CARRIERS — SEPARATION OF WHITE AND COLORED PASSENGERS — PENALTIES—FAILURE TO FURNISH SEPARATE CARS.</p> <p>1.It was competent for the General Assembly to require street railway companies to provide separate but equal accommodations for white and colored passengers using their cars, and to enforce same by penalties imposed upon the officers of such companies in case of their neglect of this legal duty.</p> <p>2. It is held this requirement is not so closely connected with other provisions of the statute (Act No. 64, p. 89, Acts 1902) that the same may not be operated independently of the other provisions, nor so related in substance and object with the other provisions that it is impossible to suppose the Legislature would have enacted the one without the other.</p> <p>3. The third section of the statute (Act No. 64, p. 90, Acts 1902), which imposes a minimum fine of one hundred dollars for failure to provide separate accommodations, but which neglects to name a maximum fine, is helped out in the latter particular by section 982 of the Revised Statutes of 1876, and the two, together, are held sufficient to save the statute from being obnoxious to article 155 of the Constitution.</p> <p>Breaux and Monroe, JJ., dissenting.</p> <p>(Syllabus by the Court.)</p>