Page:Federal Reporter, 1st Series, Volume 3.djvu/570

vnited states v. tatlob. 663 �United States v. Tatlob. {Oireuit Court, S. D. lUinoi». July 7, 1880.) �1. lumcTMENT— Civil Rights— Act of March 1, 1875, (18 Br. at Labob, 336.)— An indictment under the " Civil Kiglits Act " of March 1, 1875, (18 St. at Large, 336,) is insuiflcient, which does not allege thecitizen- Bhip ol the person injured by the violation of such statute. �JaTnes A. Connelly, Dist. Att'y, for the United Statea. �Benj. S. Edwards, for defendant. �DstTMMOND, C. J. This -vras an indictment against the defendant under what is called the "Civil Eights Act" of March 1, 1875, (18 St. at Large, 336.) �The facts alleged in the indiQtment are that the defendant was the captain of the-steam-boat James Fiske, Junior, plying on the Ohio river, between Paducah and Cairo, for the publie conveyance of passengers, and for f urnishîng meals at a pub- lie table in the cabin of the steam-boat to ail first-class pas- sengers ; and that, "while the beat was on a trip between thos© ports, and a certain person by the name of E. A. McArthur, being a colored person, was on board as a first-class pas- senger, he was denied by the defendant, on account of his color, a Beat at the table where the passengers took their meals. �The indictment seems to be sufficient as to the allegations for the exclusion of the person of color from the table where other passengers had a right to sit and obtain their meals. It is put simply upon that ground, ("being a person of color,") and so far may, perhaps, be within the meaning of the civil rights statute. But the question is whether it is brought, by other necessary allegations, within the terms of the statute. �It is to be observed that this, in some of its aspects, is a severe statute in exercising control over the business of men. It is true that it must be something connected with what is called a public business or a public right on the part of the person who is deprived of some privilege by another; but still — take the case of steam-boats — they are common carriers 0^ passengers and freight, but to a considerable extent the ����