Page:Federal Reporter, 1st Series, Volume 3.djvu/571

 &&e. FEDEEAL EEPOETEE. �o-wners of steam-boats have control over the men on board as passengers, and therefore this statùte cornes in and deprives them of the ordinary control which, but for it, they would have the right to exercise. The supreme court of the United States, however, ha s gone so far upon this subject, we do not feel inclined to question, as it is not neoessary in this case, the validity of this act of congress, supported by the decisions in the Warehouse and other cases. �The first section of this statute declares that ail persons within the jurisdiction of the United States (it will be observed that the word "persons" is used) shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities and privileges of any public conveyanee on land or •water, theaters, and other places of public amusement, sub- ject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardiess of any previous COùdition of servitude. �It will be observed that the statute drops the word "per- sons," which it bas used in the first part of the section, and employs the word "citizens." �The second section declares that a,nj person who shall vio- late the foregoing section by denying to any citizen, except for reasons by law applicable to citizens of every race and color, and regardiess of any previous condition of servitude, the full enjoyment of the accommodations, advantages, facili- ties, and privileges in said section enumerated, shall forfeit and pay, etc., (declaring the penalty.) �Now, it would seem there was a change of words for a rea- Bon, and therefore we think we must construe the second sec- tion, which imposes the penalty, so as to apply it to the deniai by any person of a right belonging to a citizen of the United States, and not to one who may be a foreigner and not natural- ized. It reads : "Any person who shall violate the foregoing section by denying to ' citizens,' except for reasons applicable to 'citizens' of every race and color, etc., this right." �But there is no allegation, in this indictment, of the citi- zenship of the person who is deprived of this right, E. A. Mc- Arthur. It is said, in fact, though of course that is outside ����