Plessy v Ferguson - Harlan dissenting

Plessy v Ferguson - Harlan dissenting - PLESSY v. FERGUSON...

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PLESSY v. FERGUSON (1896) 163 U.S. 537 Mr. Justice HARLAN dissenting. By the Louisiana statute the validity of which is here involved, all railway companies (other than street-railroad companies) carry passengers in that state are required to have separate but equal accommodations for white and colored persons, 'by providing two or more passenger coaches for each passenger train, or by dividing the passenger coaches by a partition so as to secure separate accommodations.' Under this statute, no colored person is permitted to occupy a seat in a coach assigned to white persons; nor any white person to occupy a seat in a coach assigned to colored persons. . . Thus, the state regulates the use of a public highway by citizens of the United States solely upon the basis of race. However apparent the injustice of such legislation may be, we have only to consider whether it is consistent with the constitution of the United States. That a railroad is a public highway, and that the corporation which owns or operates it is in the exercise of public functions, is not, at this day, to be disputed. . . In respect of civil rights, common to all citizens, the constitution of the United States does not, I think, permit any public authority to know the race of those entitled to be protected in the enjoyment of such rights. Every true man has pride of race, and under
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This note was uploaded on 05/03/2008 for the course PSC 2302 taught by Professor Dr.riley during the Fall '08 term at Baylor.

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Plessy v Ferguson - Harlan dissenting - PLESSY v. FERGUSON...

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