Page:Race distinctions in American Law (IA racedistinctions00stepiala).pdf/149

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court[58] charged the jury that such an eating-house as would come within the statute must be a place where meals are served to anyone applying at the same prices charged to all, but that, if meals are served only in pursuance of a previous arrangement for particular individuals, rather than anyone who may apply, it is a private boarding-house and not within the statute.


BARBER-SHOPS

Thirteen States provide that barbers must serve all persons without regard to race or color.

In 1889 a barber in Lincoln, Nebraska, refused to shave a Negro because he was "colored." The Civil Rights Bill of that State mentions barbers. The court[59] held: "A barber, by opening a shop and putting out his sign, thereby invites every orderly and well-behaved person who may desire his services to enter his shop during business hours. The statute will not permit him to say to one, you were a slave or the son of a slave, therefore I will not shave you. Such prejudices are unworthy of our better manhood, and are clearly prohibited by the statute." Barber-shops were included within the provisions of the Massachusetts Civil Rights Bill in 1893, but, as a matter of fact, Negroes are not even now given the same accommodations as whites in barber-shops in Massachusetts.

The statute of Connecticut requires equality of service in "places of public accommodation." A barber refused to serve one Faulkner because he was a Negro, and the latter brought suit on the ground that a barber-shop is a place of public accommodation and, hence, within the Civil