72 Iowa 525 | Iowa | 1887
The indictment was in these words: “ The said Ben Hall, on the first day of March, in the year of our Lord 1886, in the county aforesaid, was the owner of, and had in his possession and under his control, a barber-shop, in the city of Oskaloosa, in said county; said barber-shop being then and there a public place, resorted to by divers persons for the purpose of having their hair dressed and being shaved therein by said Ben Hall, whose trade and occupation was that of a barber, and who was on said date pursuing said trade in said barber-sliop; and, while thus employed therein, one O. R. Bennett entered said barber-shop, seated himself in one, of the chairs therein, and requested said Ben Hall to shave him; and the said Ben Hall then and there knowingly, willfully and unlawfully refused to shave said Bennett, and would give no reason therefor, contrary to and in violation of the provisions of chapter 105 of the Acts of the Twentieth Oeneral Assembly of the state of Iowa.”
The statute upon whieh the indictment was founded is as follows:
“ SeotioN 1. That all persons within this state shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities and privileges of inns, public conveyances, barber-shops, theaters and other places of amusement, subject only to the conditions and limitations established by law, and applicable alike to every person.
“Seo. 2. That any person who shall violate the foregoing section by denying to any person, except for reason by law applicable to all persons, the full enjoyment of any of the accommodations, advantages, facilities or privileges enumerated in said section, or by aiding or inciting such denial, shall, for each offense, be deemed guilty of a misdemeanor.”
As the cause must be reversed upon the ground above
REVERSED.