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Synopsis of Rule of Law. A law, which authorizes or requires the separation of the two
races on public conveyances, is consistent with the Fourteenth Amendment of the
United States Constitution (Constitution) unless the law is unreasonable.
Facts. A Louisiana statute required railroad companies to provide separate, but equal
accommodations for its Black and White passengers. An exception was made for
nurses attending to the children of the other race. Plaintiff, who was seven-eighths
white, was prosecuted under the statute after he refused to leave the section of a train
reserved for whites. The alleged purpose of the statute was to preserve public peace
and good order and to promote the comfort of the people.
Issue. Was the statute requiring separate, but equal accommodations on railroad
transportation consistent with the Equal Protection Clause of the Fourteenth
Amendment of the Constitution?
Dissent. Justice John Harlan (J. Harlan) said that everyone knows that the purpose of
the statute was to exclude the colored people from coaches occupied by whites. The
Constitution is color-blind. It neither knows nor tolerates classes among citizens.
Discussion. This case marks the beginning of the separate but equal doctrine. It is
later overturned by Brown v. Board of Education.