plessy ferguson argued decided may petitioner citizen resident state louisiana mixed descent proportion ghths caucasian african blood mixture colored blood discernible entitled every recognition right privilege immunity secured citizens white race constitution laws june engaged paid passage east louisiana railway new orleans covington state thereupon entered passenger train took possession vacant seat coach passengers white race accommodated railroad company incorporated laws louisiana common carrier authorized distinguish citizens according race notwithstanding petitioner required conductor penalty ejection said train imprisonment vacate said coach occupy another seat coach assigned said company persons white race reason petitioner colored race upon petitioner refusal comply order aid police officer forcibly ejected said coach hurried imprisoned parish jail new orleans held answer charge made officer effect guilty criminally violated act general assembly state approved july case made provided petitioner subsequently brought recorder city preliminary examination committed trial criminal district parish orleans information filed matter set forth violation act act petitioner affirmed null void conflict constitution petitioner interposed plea information based upon unconstitutionality act general assembly district attorney behalf state filed demurrer upon issue joined upon demurrer plea sustained demurrer overruled plea ordered petitioner plead facts set forth information unless judge said enjoined writ prohibition proceeding case proceed fine sentence petitioner imprisonment thus deprive constitutional rights set forth said plea notwithstanding unconstitutionality act prosecuted appeal lay sentence petitioner without relief remedy except writs prohibition certiorari copies information proceedings criminal district annexed petition exhibit upon filing petition order issued upon respondent show cause writ prohibition issue made perpetual order record proceedings criminal cause certified transmitted order respondent made answer transmitting certified copy proceedings asserting constitutionality law averring instead pleading admitting belonged colored race said plessy declined refused either pleading otherwise mit sense proportion colored man case coming hearing opinion law prosecution constitutional denied relief prayed petitioner ex parte plessy la ann south whereupon petitioner prayed writ error allowed chief justice louisiana justice harlan dissenting tourgee phillips plaintiff error alex porter morse defendant error justice brown stating facts foregoing language delivered opinion case turns upon constitutionality act general assembly state louisiana passed providing separate railway carriages white colored races acts first section statute enacts railway companies carrying passengers coaches state shall provide equal separate accommodations white colored races providing two passenger coaches passenger train dividing passenger coaches partition secure separate accommodations provided section shall construed apply street railroads person persons shall permitted occupy seats coaches ones assigned account race belong second section enacted officers passenger trains shall power hereby required assign passenger coach compartment used race passenger belongs passenger insisting going coach compartment race belong shall liable fine dollars lieu thereof imprisonment period twenty days parish prison officer railroad insisting assigning passenger coach compartment one set aside race said passenger belongs shall liable fine dollars lieu thereof imprisonment period twenty days parish prison passenger refuse occupy coach compartment assigned officer railway said officer shall power refuse carry passenger train refusal neither railway company represents shall liable damages courts state third section provides penalties refusal neglect officers directors conductors employees railway companies comply act proviso act shall construed applying nurses attending children race fourth section immaterial information filed criminal district charged substance plessy passenger two stations within state louisiana assigned officers company coach used race belonged insisted upon going coach used race belong neither information plea particular race color averred petition writ prohibition averred petitioner caucasian african blood mixture colored blood discernible entitled every right privilege immunity secured citizens white race upon theory took possession vacant seat coach passengers white race accommodated ordered conductor vacate said coach take seat another assigned persons colored race refused comply demand forcibly ejected aid police officer imprisoned parish jail answer charge violated act constitutionality act attacked upon ground conflicts thirteenth amendment constitution abolishing slavery fourteenth amendment prohibits certain restrictive legislation part conflict thirteenth amendment abolished slavery involuntary servitude except punishment crime clear argument slavery implies involuntary servitude state bondage ownership mankind chattel least control labor services one man benefit another absence legal right disposal person property services amendment said cases wall intended primarily abolish slavery previously known country equally forbade mexican peonage chinese coolie trade amounted slavery involuntary servitude use word intended prohibit use forms involuntary slavery whatever class name intimated however case amendment regarded statesmen day insufficient protect colored race certain laws enacted southern imposing upon colored race onerous disabilities burdens curtailing rights pursuit life liberty property extent freedom little value fourteenth amendment devised meet exigency civil rights cases sup said act mere individual owner inn public conveyance place amusement refusing accommodations colored people justly regarded imposing badge slavery servitude upon applicant involving ordinary civil injury properly cognizable laws state presumably subject redress laws contrary appears running slavery question ground said justice bradley make apply every act discrimination person may see fit make guests entertain people take coach cab car admit concert theater deal matters intercourse business statute implies merely legal distinction white colored distinction founded color two races must always exist long white men distinguished race tendency destroy legal equality two races state involuntary servitude indeed understand thirteenth amendment strenuously relied upon plaintiff error connection fourteenth amendment persons born naturalized subject jurisdiction thereof made citizens state wherein reside forbidden making enforcing law shall abridge privileges immunities citizens shall deprive person life liberty property without due process law deny person within jurisdiction equal protection laws proper construction amendment first called attention cases wall involved however question race one exclusive privileges case call expression opinion exact rights intended secure colored race said generally main purpose establish citizenship negro give definitions citizenship protect hostile legislation privileges immunities citizens distinguished citizens object amendment undoubtedly enforce absolute equality two races law nature things intended abolish distinctions based upon color enforce social distinguish political equality commingling two races upon terms unsatisfactory either laws permitting even requiring separation places liable brought contact necessarily imply inferiority either race generally universally recognized within competency state legislatures exercise police power common instance connected establishment separate schools white colored children held valid exercise legislative power even courts political rights colored race longest earnestly enforced one earliest cases roberts city boston cush judicial massachusetts held general school committee boston power make provision instruction colored children separate schools established exclusively prohibit attendance upon schools great principle said chief justice shaw learned eloquent advocate plaintiff charles sumner constitution laws massachusetts persons without distinction age sex birth color origin condition equal law great principle comes applied actual various conditions persons society warrant assertion men women legally clothed civil political powers children adults legally functions subject treatment rights settled regulated law equally entitled paternal consideration protection law maintenance security held powers committee extended ment separate schools children different ages sexes colors might also establish special schools poor neglected children become old attend primary school yet acquired rudiments learning enable enter ordinary schools similar laws enacted congress general power legislation district columbia sections rev well legislatures many generally uniformly sustained courts state mccann ohio lehew brummell mo sup ward flood cal bertonneau directors city schools woods fed cas people gallagher cory carter ind dawson lee laws forbidding intermarriage two races may said technical sense interfere freedom contract yet universally recognized within police power state state gibson ind distinction laws interfering political equality negro requiring separation two races schools theaters railway carriages frequently drawn thus strauder west virginia held law west virginia limiting white male persons years age citizens state right sit upon juries discrimination implied legal inferiority civil society lessened security right colored race step towards reducing condition servility indeed right colored man selection jurors pass upon life liberty property shall exclusion race discrimination color asserted number cases virginia rivers neal delaware ush sup gibson mississippi sup laws particular locality charter particular railway corporation provided person shall excluded cars account color held meant persons color travel car white ones enactment satisfied company providing cars assigned exclusively people color though good assigned exclusively white persons railroad brown wall upon hand statute louisiana required engaged transportation passengers among give persons traveling within state upon vessels employed business equal rights privileges parts vessel without distinction account race color subjected action damages owner vessel excluded colored passengers account color cabin set aside use whites held far applied interstate commerce unconstitutional void hall de cuir case however expressly disclaimed anything whatever statute regulation internal commerce affecting anything else commerce among civil rights cases sup held act congress entitling persons within jurisdiction full equal enjoyment accommodations advantages facilities privileges inns public conveyances land water theaters places public amusement made applicable citizens every race color regardless previous condition servitude unconstitutional void upon ground fourteenth amendment prohibitory upon legislation authorized adopted congress enforcing direct legislation matters respecting prohibited making enforcing certain laws certain acts corrective legislation might necessary proper redressing effect laws acts delivering opinion justice bradley observed fourteenth amendment invest congress power legislate upon subjects within domain state legislation provide modes relief state legislation state action kind referred authorize congress create code municipal law regulation private rights provide modes redress operation state laws action state officers executive judicial subversive fundamental rights specified amendment positive rights privileges undoubtedly secured fourteenth amendment secured way prohibition state laws state proceedings affecting rights privileges power given congress legislate purpose carrying prohibition effect legislation must necessarily predicated upon supposed state laws state proceedings directed correction operation effect much nearer indeed almost directly point case louisville ry state sup wherein railway company indicted violation statute mississippi enacting railroads carrying passengers provide equal separate accommodations white colored races providing two passenger cars passenger train dividing passenger cars partition secure separate accommodations case presented different aspe one consideration inasmuch indictment railway company failing provide separate accommodations question considered constitutionality law case mississippi miss south held statute applied solely commerce within state construction state statute highest accepted conclusive matter said page page sup commerce wholly within state interfering commerce obviously violation commerce clause federal constitution question arises section power state separate different compartments interstate sengers affect manner privileges rights passengers consider whether state power require railroad trains within limits shall separate accommodations two races affecting commerce within state invasion power given congress commerce clause like course reasoning applies case consideration since louisiana case state judge la ann south held statute question apply interstate passengers confined application passengers traveling exclusively within borders state case decided largely upon authority louisville ry state miss south affirmed sup present case question interference interstate commerce possibly arise since east louisiana railway appears purely local line termini within state louisiana similar statutes separation two races upon public conveyances held constitutional railroad miles day owen railway williams railroad wells railroad benson sue fed logwood railroad fed mcguinn forbes fed people king app houck railway fed heard railroad inter commerce com inter commerce com think enforced separation races applied internal commerce state neither abridges privileges immunities colored man deprives property without due process law denies equal protection laws within meaning fourteenth amendment prepared say conductor assigning passengers coaches according race act peril provision second section act denies passenger tion damages refusal receive coach properly belongs valid exercise legislative power indeed understand conceded state attorney part act exempts liability railway company officers unconstitutional power assign particular coach obviously implies power determine race passenger belongs well power determine laws particular state deemed white colored person question though indicated brief plaintiff error properly arise upon record case since issue made unconstitutionality act far requires railway provide separate accommodations conductor assign passengers according race claimed plaintiff error mixed community reputation belonging dominant race instance white race sense right action inheritance property conceding purposes case unable see statute deprives way affects right property white man assigned colored coach may action damages company deprived upon hand colored man assigned deprived property since lawfully entitled reputation white man connection also suggested learned counsel plaintiff error argument justify state legislature requiring railways provide separate accommodations two races also authorize require separate cars provided people whose hair certain color aliens belong certain nationalities enact laws requiring colored people walk upon one side street white people upon requiring white men houses painted white colored men black vehicles business signs different colors upon theory one side street good house vehicle one color good one another color reply every exercise police power must reasonable extend laws enacted good faith promotion public good annoyance oppression particular class thus yick wo hopkins sup held municipal ordinance city san francisco regulate carrying public laundries within limits municipality violated provisions constitution conferred upon municipal authorities arbitrary power without regard discretion legal sense term give withhold consent persons places without regard competency persons applying propriety places selected carrying business held covert attempt part municipality make arbitrary unjust discrimination chinese race case municipal ordinance like principle held apply acts state legislature passed exercise police power railroad husen louisville kentucky sup cases cited page page sup daggett hudson ohio capen foster pick state baker monroe collins ohio hulseman rems osman riley cal far conflict fourteenth amendment concerned case reduces question whether statute louisiana reasonable regulation respect must necessarily large discretion part legislature determining question reasonableness liberty act reference established usages customs traditions people view promotion comfort preservation public peace good order gauged standard say law authorizes even requires separation two races public conveyances unreasonable obnoxious fourteenth amendment acts congress requiring separate schools colored children district columbia constitutionality seem questioned corresponding acts state legislatures consider derlying fallacy plaintiff argument consist assumption enforced separation two races stamps colored race badge inferiority reason anything found act solely colored race chooses put construction upon argument necessarily assumes case unlikely colored race become dominant power state legislature enact law precisely similar terms thereby relegate white race inferior position imagine white race least acquiesce assumption argument also assumes social prejudices may overcome legislation equal rights secured negro except enforced commingling two races accept proposition two races meet upon terms social equality must result natural affinities mutual appreciation merits voluntary consent individuals said appeals new york people gallagher end neither accomplished promoted laws conflict general sentiment community upon designed operate government therefore secured citizens equal rights law equal opportunities improvement progress accomplished end organized performed functions respecting social advantages endowed legislation powerless eradicate racial instincts abolish distinctions based upon physical differences attempt result accentuating difficulties present situation civil political rights races equal one inferior civilly politically one race inferior socially constitution put upon plane true question proportion colored blood necessary constitute colored person distinguished white person one upon difference opinion different holding visible admixture black blood stamps person belonging colored race state chavers jones others depends upon preponderance blood gray state ohio monroe collins ohio still others predominance white blood must proportion people dean jones questions determined laws state properly put issue case allegations petition may undoubtedly become question importance whether laws louisiana petitioner belongs white colored race judgment therefore affirmed justice brewer hear argument participate decision case justice harlan dissenting louisiana statute validity involved railway companies companies carry passengers state required separate equal accommodations white colored persons providing two passenger coaches passenger train dividing passenger coaches partition secure separate accommodations statute colored person permitted occupy seat coach assigned white persons white person occupy seat coach assigned colored persons managers railroad allowed exercise discretion premises required assign passenger coach compartment set apart exclusive use race passenger insists upon going coach compartment set apart persons race subject fined imprisoned parish jail penalties prescribed refusal neglect officers directors conductors employees railroad companies comply provisions act attending children race excepted operation statute exception made colored attendants traveling adults white man permitted colored servant coach even condition health requires constant personal assistance servant colored maid insists upon riding coach white woman employed serve may need personal attention traveling subject fined imprisoned exhibition zeal discharge duty may louisiana persons different races citizens words act colored races necessarily include citizens races residing state us state enactment compels penalties separation two races railroad passenger coaches makes crime citizen either race enter coach assigned citizens race thus state regulates use public highway citizens solely upon basis race however apparent injustice legislation may consider whether consistent constitution railroad public highway corporation owns operates exercise public functions day disputed justice nelson speaking new jersey steam nav merchants bank said common carrier exercise sort public office public duties perform permitted exonerate without assent parties concerned justice strong delivering judgment olcott supervisors wall said railroads though constructed private corporations owned public highways doctrine nearly courts ever since conveniences passage transportation existence early question arose whether state right eminent domain exercised private corporation created purpose constructing railroad clearly unless taking land purpose agency taking land public use right eminent domain nowhere justifies taking property private use yet doctrine universally accepted state legislature may authorize private corporation take land construction road making compensation owner else doctrine mean building railroad though built private corporation act done public use township pine grove talcott wall corporation railroad company private work public much constructed state inhabitants worcester western metc mass establishment great thoroughfare regarded public work established public authority intended public use benefit use secured whole community constitutes therefore like canal turnpike highway public easement true real personal property necessary establishment management railroad vested corporation trust public respect civil ghts common citizens constitution think permit public authority know race entitled protected enjoyment rights every true man pride race appropriate circumstances rights others equals law affected privilege express pride take action based upon seems proper deny legislative body judicial tribunal may regard race citizens civil rights citizens involved indeed legislation question inconsistent equality rights pertains citizenship national state personal liberty enjoyed every one within thirteenth amendment permit withholding deprivation right necessarily inhering freedom struck institution slavery previously existing prevents imposition burdens disabilities constitute badges slavery servitude decreed universal civil freedom country adjudged amendment found inadequate protection rights slavery followed fourteenth amendment added greatly dignity glory american citizenship security personal liberty declaring persons born naturalized subject jurisdiction thereof citizens state wherein reside state shall make enforce law shall abridge privileges immunities citizens shall state deprive person life liberty property without due process law deny person within jurisdiction equal protection laws two amendments enforced according true intent meaning protect civil rights pertain freedom citizenship finally end citizen denied account race privilege participating political control country declared fifteenth amendment right citizens vote shall denied abridged state account race color previous condition servitude notable additions fundamental law welcomed friends liberty throughout world removed race line governmental systems said common purpose namely secure race recently emancipated race many generations held slavery civil rights superior race enjoy declared legal effect said law shall black white persons whether colored white shall stand equal laws regard colored race whose protection amendment primarily designed discrimination shall made law color also said words amendment true prohibitory contain necessary implication positive immunity right valuable colored race right exemption unfriendly legislation distinctively colored exemption legal discriminations implying inferiority civil society lessening security enjoyment rights others enjoy discriminations steps towards reducing condition subject race consequently adjudged state law excluded citizens colored race juries race however well qualified respects dischar duties jurymen repugnant fourteenth amendment strauder west virginia virginia rives id ex parte virginia id neal delaware bush sup present term referring previous adjudications declared decisions principle constitution present form forbids far civil political rights concerned discrimination general government citizen race citizens equal law gibson state sup decisions referred show scope recent amendments constitution also show within power state prohibit colored citizens race participating jurors administration justice said argument statute louisiana discriminate either race prescribes rule applicable alike white colored citizens argument meet difficulty every one knows statute question origin purpose much exclude white persons railroad cars occupied blacks exclude colored people coaches occupied assigned white persons railroad corporations louisiana make discrimination among whites matter commodation travelers thing accomplish guise giving equal accommodation whites blacks compel latter keep traveling railroad passenger coaches one wanting candor assert contrary fundamental objection therefore statute interferes personal freedom citizens liberty well said power locomotion changing situation removing one person whatsoever places one inclination may direct without imprisonment restraint unless due course law bl comm white man black man choose occupy public conveyance public highway right government proceeding alone grounds race prevent without infringing personal liberty one thing railroad carriers furnish required law furnish equal accommodations legal duty carry quite another thing government forbid citizens white black races traveling public conveyance punish officers railroad companies permitting persons two races occupy passenger coach state prescribe rule civil conduct whites blacks shall travel passengers railroad coach may regulate use streets cities towns compel white citizens keep one side street black citizens keep may upon like grounds punish whites blacks ride together street cars open vehicles public road street may require sheriffs assign whites one side room blacks may also prohibit commingling two races galleries legislative halls public assemblages convened consideration political questions day statute louisiana consistent personal liberty citizens may state require separation railroad coaches native naturalized citizens protestants roman catholics answer given argument questions regulations kind suggest unreasonable therefore stand la meant determination questions legislative power depends upon inquiry whether statute whose validity questioned judgment courts reasonable one taking circumstances consideration statute may unreasonable merely sound public policy forbade enactment understand courts anything policy expediency legislation statute may valid yet upon grounds public policy may well characterized unreasonable sedgwick correctly rule says legislative intention clearly ascertained courts duty perform execute legislative without regard views wisdom justice particular enactment sedg const law dangerous tendency latter days enlarge functions courts means judicial interference people expressed legislature institutions distinguishing characteristic three departments government separate much keep within limits defined constitution courts best discharge duty executing power constitutionally expressed leaving results legislation dealt people representatives statutes must always reasonable construction sometimes construed strictly sometimes literally order carry tive however construed intent legislature respected particular statute question valid although courts looking public interests may conceive statute unreasonable impolitic power exists enact statute ends matter far courts concerned adjudged cases statutes held void unreasonable means employed legislature germane end legislature competent white race deems dominant race country prestige achievements education wealth power doubt continue time remains true great heritage holds fast principles constitutional liberty view constitution eye law country superior dominant ruling class citizens caste constitution neither knows tolerates classes among citizens respect civil rights citizens equal law humblest peer powerful law regards man man takes account surroundings color civil rights guarantied spreme law land involved therefore regretted high tribunal final expositor fundamental law land reached conclusion competent state regulate enjoyment citizens civil rights solely upon basis race opinion judgment day rendered time prove quite pernicious decision made tribunal dred scott case adjudged case descendants africans imported country sold slaves included intended included word constitution claim rights privileges instrument provided secured citizens time adoption constitution subordinate inferior class beings subjugated dominant race whether emancipated yet remained subject authority rights privileges held power government might choose grant recent amendments constitution supposed eradicated principles institutions seems yet dominant race superior class citizens assumes regulate enjoyment civil rights common citizens upon basis race present decision may well apprehended stimulate aggressions less brutal irritating upon admitted rights colored citizens encourage belief possible means state enactments defeat beneficent purposes people view adopted recent amendments constitution one blacks country made citizens respectively reside whose privileges immunities citizens forbidden abridge sixty millions whites danger presence eight millions blacks destinies two races country indissolubly linked together interests require common government shall permit seeds race hate planted sanction law certainly arouse race hate certainly create perpetuate feeling distrust races state enactments fact proceed ground colored citizens inferior degraded allowed sit public coaches occupied white citizens admit real meaning legislation enacted louisiana sure guaranty peace security race clear distinct unconditional recognition governments national state every right inheres civil freedom equality law citizens without regard race state enactments regulating enjoyment civil rights upon basis race cunningly devised defeat legitimate results war pretense recognizing equality rights result render permanent peace impossible keep alive conflict races continuance must harm concerned question met suggestion social equality exist white black races country argument properly regarded one scarcely worthy consideration social equality exists two races traveling passenger coach public highway members races sit street car jury box stand sit political assembly use common streets city town room purpose names placed registry voters approach ballot box order exercise high privilege voting race different permit belonging become citizens persons belonging exceptions absolutely excluded country allude chinese race statute question chinaman ride passenger coach white citizens citizens black race louisiana many perhaps risked lives preservation union entitled law participate political control state nation excluded law reason race public stations kind legal rights belong white citizens yet declared criminals liable imprisonment ride public coach occupied citizens white race scarcely say colored citizen object occupying public coach assigned race object perhaps object separate coaches race rights law recognized object never cease objecting citizens white black races adjudged criminals sit claim right sit public coach public highway arbitrary separation citizens basis race public highway badge servitude wholly inconsistent civil freedom equality law established constitution justified upon legal grounds evils result commingling two races upon public highways established benefit infinitely less surely come state legislation regulating enjoyment civil rights upon basis race boast freedom enjoyed people peoples difficult reconcile boast state law practically puts brand servitude degradation upon large class fellow citizens equals law thin disguise accommodations passengers railroad coaches mislead one atone wrong day done result whole matter frequently adjudged present term recognized doctrine state consistently constitution prevent white black citizens required qualifications jury service sitting jury box solemnly held state may prohibit white black citizens sitting passenger coach public highway may require separated passenger coach may reasonably expected astute men dominant race affect disturbed possibility integrity white race may corrupted supremacy imperiled contact public highways black people endeavor procure statutes requiring white black jurors separated jury box upon retiring room consult verdict partition movable one shall taken consultation room set way prevent black jurors coming close brother jurors white race used room happens stationary provision made screens openings jurors two races confer verdict without coming personal contact see according principles day announced state legislation although conceived hostility enacted purpose humiliating citizens particular race held consistent constitution deem necessary review decisions state courts reference made argument important wholly inapplicable rendered prior adoption last amendments constitution colored people rights dominant race felt obliged respect others made time public opinion many localities dominated institution slavery safe justice black man far rights blacks concerned race prejudice practically law land decisions guides era introduced recent amendments law established universal civil freedom gave citizenship born naturalized residing ere obliterated race line systems governments national state placed free institutions upon broad sure foundation equality men law opinion state louisiana inconsistent personal liberty citizens white black state hostile spirit letter constitution laws like character enacted several union effect highest degree mischievous slavery institution tolerated law true disappeared country remain power sinister legislation interfere full enjoyment blessings freedom regulate civil rights common citizens upon basis race place condition legal inferiority large body american citizens constituting part political community called representatives government administered system inconsistent guaranty given constitution state republican form government may stricken congressional action courts discharge solemn duty maintain law land anything constitution laws state contrary notwithstanding reason stated constrained withhold assent opinion judgment majority