West's Southern Reporter Volume 52

West's Southern Reporter Volume 52

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...word to use. It was suggested at the bar that the Legislature would hardly permit whites and octoroons to live in concubinage when forbidding them to ride together in railroad coaches and street cars. But the best answer to that suggestion is that--to use a homely illustration--"the proof of the pudding is in the eating thereof"; that the Legislature has as a matter of fact done that very thing; that from the time of the passage of the separate car bills, years ago, until this last session of the Legislature, not only octoroons, but jet black negroes, were allowed to live in concubinage with whites, although forbidden to ride in the same railroad coaches and street cars with them. The question which the court has to deal with in this case is not what the Legislature should have done, but what it has done. The only thing the courts can do (if. they wish to keep within the legitimate scope of their functions)' is to enforce the laws as they are written, interpreting them in accordance with the recognized and accepted canons of construction. If conjectures are admissible, however, as to what considerations may have prompted the Legislature to enact separate car statutes, while leaving the concubinage and illicit commerce of the races untrammeled, one consideration which readily suggests itself is that without separate car statutes the whites would be brought In contact with the colored no matter how objectionable the proximity might be to them, whilst their concubinage or illicit commerce with them could only be voluntary. The laws on the subject have heretofore been for the protection of the individual; whereas now the time has ripened for the protection of the race. To what length has the Legislature gone in the latter direction...show more

Product details

  • Paperback | 986 pages
  • 189 x 246 x 49mm | 1,724g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123693802X
  • 9781236938022