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" We consider the underlying fallacy of the plaintiffs 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 act,... "
Civil Rights, 1959 - Page 2305
by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights - 1959
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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
...Plessy v. Ferguson, 163 US 537, 551 (1896) ("We consider the underlying fallacy of the plaintiff's argument to consist in the assumption that the enforced...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...put that construction upon it. * * * The argument also assumes that social prejudices may be overcome by legislation, and that equal rights cannot be...
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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...that construction upon it. The argument necessarily as-umes that if. as has more than once been the case, and is not unlikely to he so again, the colored...
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The South Western Reporter, Volume 47

Law reports, digests, etc - 1899 - 1232 pages
...the corresponding acts of state legislatures. We consider the underlying fallacy of the plaintiff's argument to consist in the assumption that the enforced...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
...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 necessarily assumes that if, as has been more tban once tbe case, and is not unlikely to be so again, tbe colored race should become the dominant...
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Illustrative Cases on Constitutional Law

James Parker Hall - Constitutional law - 1914 - 528 pages
...the corresponding acts of state legislatures. We consider the underlying fallacy of the plaintiff's argument to consist in the assumption that the enforced...put that construction upon it. * * * The argument also assumes that social prejudices may be overcome by legislation, and that equal rights cannot be...
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The Johns Hopkins University Studies in Historical and Political Science

Constitutional law - 1915 - 656 pages
...races upon terms unsatisfactory to either. . . . We consider the underlying fallacy of the plaintiff's argument to consist in the assumption that the enforced...the colored race should become the dominant power 1 See pages 89-90. in the state legislature, and should enact a law in precisely similar terms, it...
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The Constitutional Doctrines of Justice Harlan

Floyd Barzilia Clark - Biography & Autobiography - 1915 - 234 pages
...races upon terms unsatisfactory to either. . . . We consider the underlying fallacy of the plaintiff's argument to consist in the assumption that the enforced...the colored race should become the dominant power 1 See pages 89-90. in the state legislature, and should enact a law in precisely similar terms, it...
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The Southeastern Reporter, Volume 86

Law reports, digests, etc - 1916 - 1250 pages
...or the corresponding acts of state Legislatures. We consider the * ยป * fallacy of the plaintiff's argument to consist in the assumption that the enforced...solely because the colored race chooses to put that c, instruction upon it.' "This case was affirmed in C. & O. Co. v. Kentucky, 171) US 3S8, 21 Sup. Ct....
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Due Process of Law and the Equal Protection of the Laws: A Treatise Based ...

Hannis Taylor - Administrative law - 1917 - 1038 pages
...consists in the assumption that the enforced separation of the two races stamps the colored race with the badge of inferiority. If this be so, it is not by...chooses to put that construction upon it. The argument also assumes that social prejudice may be overcome by legislation, and that equal rights can not be...
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