Page:Federal Reporter, 1st Series, Volume 5.djvu/513

 BBOWH V. MtX,VmS''& 0. B. 00. 501 �of sueh carrier or keeper, shall be bound or under'any obli- gation to entertain, carry, oradmit any person whoiu he shall for any reason whatever choosô not to entertain, carry, or admit to his bouse, botel, carriage, or means of transporta- tion, or place of amusement ; nor sball any right exist in favor of any such persons ao refused admission ; but the right ôf such keepers of hôtels and public bouses, carriers of passengers, and keepers of places of amusement, and their employes, to control the access and admission or exclusion of persons to or from their public houses, means of transporta, tion, and places of amusement, shall be as perfect and com- plete as that of any private person over his private car- riage or private theater or place of amusement for his fam- ily." �Inge e Chandler, for plaintiff. ' �H?tme« (e Postera, for defendant. �HàMMOND, D. J., charged the jury that this act of the leg- islature, 80 far as itabrogated the common-law right of action for -wrongful exclusion from railroad cars ou roads rtiH^ ning between two or more states, -was unoonstitutional, be- cause it waS a regulation of commerce between the states, which the legislature had no right to make, the exclusive right to make it being by the constitution of the United States in congress. HaU v. DeCuvr, 95 U. S. 485. �On the question of the plaintiff 's charaeter for chastity, he charged the same prineipleà' of law were to be applied to women as men in determining whether the exclusion was la-^f - fui or not ; that the social penalties of exclusion of unchaste -women from hôtels, theaters, and other public places could not be imported into the law of common carriers ; that they had a right to travel in the streets and on the public highways, and other people who travel must expect to meet them in such such places; and, as long as their conduct was unobjection- able while in such places, they could not be excluded. The carrier is bound to carry good, bad, and indifferent, and bas nothing to do with the morals of his passengers, if their behavior be proper while traveling. Neither can the carrier ����