Page:Race distinctions in American Law (IA racedistinctions00stepiala).pdf/53

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

of Negro lineage. From what has been seen, there is no doubt that this would found an action for libel. The newspaper report says: "On the heels of this suit brought by Mr. Lancaster [one of the white persons], it is said that Henry Pearson is seriously considering bringing suit against the same people because an asterisk was not[11] placed before his name. Henry is a Negro. In fact he is one of the best-known Negroes in Asheville. He is at present proprietor of the Royal Victoria, a Negro hotel, and complains that he has been the object of many unpleasant jests since the publication of the directory, and likewise inquiries as to just 'when he turned white.' Pearson fears that if the report goes abroad that he is a white man it will damage his hotel, and that the Negroes who make his place headquarters and who pay into Henry's hands many shekels will cease to patronize his hotel, and that his losses will be grievous."[12] This case is unique; whether it has been brought to court is as yet unknown. It is probable that to sustain his action it would be necessary for the Negro to prove special damage to his business; whereas Mr. Lancaster would not have to allege or prove any damage at all. But, save in such a case as the above, it would be hard to imagine a circumstance in which a court would hold that it is injurious to a Negro in his trade, business, office, profession, or in his social relations to be called a white man.


NOTES