Legal Opinion

State v. Patterson

Supreme Court of Florida

Decided June 15, 1905PublishedCited by 20 opinions

This case was decided by the Court En Banc. Writ of Error to the Circuit Court for Duval County. STATEMENT. The Florida Legislature, at-its session of 1905, enacted the following statute: “(Chapter 5420.) An Act to Require Street Car Companies in this State to Furnish Separate Cars or Divisions in Cars or other Provisions for the Separation of White- and Colored Passengers; to Require said Companies to keep Separate White and Colored Passengers; to give Conductors and…

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This case was decided by the Court En Banc. Writ of Error to the Circuit Court for Duval County. STATEMENT. The Florida Legislature, at-its session of 1905, enacted the following statute: “(Chapter 5420.) An Act to Require Street Car Companies in this State to Furnish Separate Cars or Divisions in Cars or other Provisions for the Separation of White- and Colored Passengers; to Require said Companies to keep Separate White and Colored Passengers; to give Conductors and Employees of said Companies Police Powers, and to Provide Penalty for the Violation of this Act. Be -it enacted by the…

1Opinion of the Court

Taylor, J.,

(after stating the facts.) The order of the Circuit Judge discharging the petitioner from further custody is the only error assigned.

We are entirely clear that Section seven (7) of the questioned act is violative of Section 1 of the Fourteenth Amendment to the Constitution of the United States, in that it diacriminately abridges the privileges and immunities of one class of citizens of the United States by giving to another class of such citizens privileges that are withheld from the class discriminated against. It gives to the Caucassian mistress the right to have her child…

2Cases cited1 opinion

  1. Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902

3Cited by20 opinions

  1. Harper v. GallowaySupreme Court of Florida · 1909
  2. Hodges v. Public Service CommissionWest Virginia Supreme Court · 1931
  3. Hayes v. WalkerSupreme Court of Florida · 1907
  4. State ex rel. Clarkson v. PhilipsSupreme Court of Florida · 1915
  5. Stinson v. StateSupreme Court of Florida · 1912

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