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" We consider the underlying fallacy of the plaintiff's argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the... "
The Thirteenth Amendment and American Freedom: A Legal History - Page 78
by Alexander Tsesis - 2004 - 229 pages
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 451

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1982 - 1050 pages
...symbolic, then the federal courts cannot recognize it. Compare Plessy v. Ferguson, 163 US 537, 551 (1896) ("We consider the underlying fallacy of the plaintiff's...colored race chooses to put that construction upon it"), with Brown v. Board of Education, 347 US 483, 494 (1954) ("To separate them from others . . . solely...
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Interstate Commerce Commission Reports: Reports and Decisions of ..., Volume 256

United States. Interstate Commerce Commission - Interstate commerce - 1943 - 906 pages
...District of Columbia. * * * We consider the underlying fallacy of the plaintiffs argument to consist hi the assumption that the enforced separation of the...colored race chooses to put that construction upon it. * * * The argument also assumes that social prejudices may be overcome by legislation, and that equal...
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The American and English Railroad Cases: A Collection of All Cases ...

Railroad law - 1896 - 746 pages
...constitutionality of which does not seem to have been questioned, or the corresponding acts of state legislatures. We consider the underlying fallacy of the plaintiff's...colored race chooses to put that construction upon it. The argument necessarily assumes that if, as has been more than once the case,' and is not unlikely...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 163

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1896 - 770 pages
...the corresponding acts of state legislatures. We consider the underlying fallacy of the plaintiffs argument to consist in the assumption that the enforced...colored race chooses to put that construction upon it. The argument necessarily assumes that if, as has been more than once the case, and is not unlikely...
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A Treatise on the Law of Carriers of Passengers, Volume 1

Norman Fetter - Carriers - 1897 - 888 pages
...Civil War, statutes were passed se. separation of the two races stamps the colored race with a badee of inferiority. If this be so, it is not by reason...colored race chooses to put that construction upon it. The argument necessarily as-umes that if. as has more than once been the case, and is not unlikely...
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The South Western Reporter, Volume 47

Law reports, digests, etc - 1899 - 1232 pages
...constitutionality of which does not seem to have been questioned, or the corresponding acts of state legislatures. We consider the underlying fallacy of the plaintiff's...solely because the colored race chooses to put that coustruction upon it. The argument necessarily assumes that If, as has been more thau once the case,...
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Cases Argued and Decided in the Supreme Court of the United ..., Volumes 163-166

United States. Supreme Court - Law reports, digests, etc - 1901 - 1416 pages
...plaintiff's argument to consist in tbe assumption that the enforced separation of the two races stamps tbe colored race with a badge of inferiority. If this be so, it is not by reason of anything found in tbe act, but solely because the co'.ored race cboses to put that construction upon it. The argument...
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Illustrative Cases on Constitutional Law

James Parker Hall - Constitutional law - 1914 - 528 pages
...constitutionality of which does not seem to have been questioned, or the corresponding acts of state legislatures. We consider the underlying fallacy of the plaintiff's...colored race chooses to put that construction upon it. * * * The argument also assumes that social prejudices may be overcome by legislation, and that equal...
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The South Atlantic Quarterly, Volume 13

John Spencer Bassett, Edwin Mims, William Henry Glasson, William Preston Few, William Kenneth Boyd, William Hane Wannamaker - American literature - 1914 - 434 pages
...does not seem to have been questioned or the corresponding acts of state legislatures. We consider the fallacy of the plaintiff's argument to consist in...but solely because the colored race chooses to put construction upon it." The only segregation ordinance that has been carried to the supreme court of...
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The South Atlantic Quarterly, Volume 13

John Spencer Bassett, Edwin Mims, William Henry Glasson, William Preston Few, William Kenneth Boyd, William Hane Wannamaker - Civilization - 1914 - 486 pages
...does not seem to have been questioned or the corresponding acts of state legislatures. We consider the fallacy of the plaintiff's argument to consist in...but solely because the colored race chooses to put construction upon it." The only segregation ordinance that has been carried to the supreme court of...
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