107 So. 704 | La. | 1926
This case has been here on appeal once before as No. 26948 of our docket. See Tyler v. Harmon,
"The question in this case is whether an ordinance of the city of New Orleans, providing for segregation of the residences of white and colored persons, violates the Fourteenth Amendment of the Constitution of the United States. * * *
"The learned counsel for the defendant frankly state that they desire not to evade the issue as to whether the statutes [authorizing the ordinance] and the ordinance are valid in so far as they forbid negro tenants to occupy the defendant's cottage [in a white neighborhood]."
Our conclusion is that the statutes and the ordinance in thatrespect are valid. (Italics by the present writer.)
And accordingly the judgment appealed from was reversed and the case remanded.
And in due course there was judgment below overruling defendant's attack on the statutes and the ordinance on the ground that they violate the Fourteenth Amendment to the Constitution of the United States, and perpetuating the injunction issued as aforesaid. From which judgment defendant now appeals.