#### The People of the State of Illinois for use of Joseph C. Overby, appellant, v. S. S. Kresge Company, appellee.

Action for the use of a colored person for the statutory penalty for discrimination in defendant’s restaurant. Judgment for defendant. Appeal from the Circuit Court of Sangamon county; the Hon. Frank W. Burton, Judge, presiding. Heard in this court at the October term, 1921.

Affirmed.

Opinion filed April 22, 1922.

John P. Snigg, for appellant. Patton & Patton, for appellee; William B. Patton and Henry L. Patton, of counsel.

Mr. Justice Heard

delivered the opinion of the court.