P. Henry Dugro

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He would not be hurt just as much if put in prison as every other man would be. That depends on a man's standing, what his circumstances are, and if he is a Colored man, the fact that he is a Colored man is to be considered. You cannot say he is just the same as a white man when you come to say how much shame he will suffer. Is it likely that when a Colored man is arrested and imprisoned he feels just as much shame as a white man might? In this sort of community, I dare say the amount of evil that would flow to the Colored man from a charge like this would not be as great as it probably would be to a white man. [4]

The ruling spurred outrage among African Americans nationwide, who called it "perhaps the most infamous opinion in a Northern court of law during the present generation" and Dugro a "20th century Judge Taney," after Roger Taney, author of the notorious Dred Scott decision. [5] [6]

Griffin appealed the ruling three times, seeking restoration of the $2,500 judgment, but he was denied each time; however, the final appeal, in an opinion written by Edward Everett McCall, resulted in the damages being raised to $1,000. [4] [7] [6] Two later legal scholars called the case "perhaps the most celebrated instance of racial devaluation in early-20th-century tort litigation." [1] The writer and activist James Weldon Johnson wrote of Dugro:

He has been on the bench for a great many years. He is, without doubt, learned in the law and versed in judiciary proceedings; but I, as a Negro, would vote for a candidate who didn't know the difference between a law book and a telephone directory before I would vote for any man holding such opinions as those expressed by Judge Dugro. [3]

Death

Dugro remained on the New York Supreme Court bench until his death in New York City on March 1, 1920. He was interred in Woodlawn Cemetery.

References

  1. 1 2 Chamallas, Martha; Wriggins, Jennifer B. (1 May 2010). The Measure of Injury: Race, Gender, and Tort Law. NYU Press. ISBN   978-0-8147-1733-2 . Retrieved 4 February 2025.
  2. ↑ Wriggins, Jennifer (2005). "Torts, Race, and the Value of Injury, 1900-1949". Howard Law Journal. 49 (1). Retrieved 4 February 2025.
  3. 1 2 Johnson, James Weldon (29 October 1914). "JUDGE DUGRO AND HIS OPINION OF COLORED PEOPLE". The New York Age. p. 4. Retrieved 4 February 2025.
  4. 1 2 3 "NEGRO NOT EQUAL TO WHITE; Suffers Less Humiliation in False Arrest, Court Holds". The New York Times. May 22, 1909. p. 16. Retrieved 4 February 2025.
  5. ↑ "BRADY IS FINED". The Washington Bee. 31 December 1910. p. 5. Retrieved 4 February 2025.
  6. 1 2 "JUDGE Dugro's notorious decision..." The Journal. 29 December 1910. p. 2. Retrieved 4 February 2025.
  7. ↑ "BLACK LAW AND WHITE! JUDGE SUSTAINED IN OPINION DRAWING COLOR LINE". Lancaster Intelligencer. 26 May 1909. p. 6. Retrieved 4 February 2025.

PD-icon.svg This article incorporates public domain material from the Biographical Directory of the United States Congress

P. Henry Dugro
P. Henry Dugro.jpg
Associate Justice of the New York Supreme Court
In office
1896–1920
U.S. House of Representatives
Preceded by Member of the  U.S. House of Representatives
from New York's 7th congressional district
1881 - 1883		Succeeded by
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