Race Distinctions in American LawStephenson, Gilbert Thomas
History
Race Distinctions in American Law
Stephenson, Gilbert Thomas
African Americans -- Politics and government; Law -- United States -- History; United States -- Race relations
Certain classes of passengers are exempt from the laws. There is, for
instance, an exemption in favor of nurses attending the children or sick
of the other race in Florida, Georgia, Kentucky, Louisiana, Maryland,
North Carolina, South Carolina, Texas, and Virginia. The Florida
provision is that nothing in the act shall be construed to prevent
female colored nurses having the care of children or sick persons from
riding in cars for white passengers. North Carolina excepts “Negro
servants in attendance on their employers.” These two qualifications
sound innocent enough, but probably upon a test they would be declared
unconstitutional. It would be considered class legislation in that
_colored_ nurses and _Negro_ servants are specifically mentioned instead
of exempting nurses and servants in general. In fact, the point has been
decided in the case of street-car provisions with similar wording.
Arkansas, Kentucky, Maryland, Oklahoma, Texas, and Virginia expressly
exempt the employees of a railroad in the discharge of their duty from
the requirements of the “Jim Crow” laws. Where such exemption is not so
made in the statute, it must be taken for granted, for it would be
manifestly unreasonable to prohibit a white conductor from going into
the colored coach to collect tickets, or a colored porter from going
into the coach for white passengers to regulate the ventilation or for
any other purpose of his employment. It may be noted, however, that in
States where these laws apply, the white conductor usually assists the
white passengers in entering and leaving the cars, while colored porters
attend to the colored passengers.
Most of the States provide that the laws do not apply to officers in
charge of prisoners. Arkansas declares that “officers accompanying
prisoners may be assigned to the coach or room to which said prisoners
belong by reason of race.” Louisiana, on the contrary, exempts prisoners
in the charge of officers from the “Jim Crow” laws. The South Carolina
law exempts lunatics as well. The law of Kentucky exempts “officers in
charge of prisoners.” When, in a case which arose in Kentucky, a sheriff
went to take a Negro lunatic over the road, the conductor required the
lunatic to stay in the colored coach, and gave the sheriff the choice of
staying with the lunatic or leaving him and riding in the car for white
passengers. The court[567] upheld the action of the conductor, ruling
that the exemption applied only to the officers, not to the prisoners.
The law has the same effect as if it said that the officer should ride
in the car set apart for the race of the prisoner or lunatic, because it
is his duty to guard his charge, and, if the prisoner or lunatic must
stay in the car for his race, the officer must stay there with him.
North Carolina, South Carolina, and Maryland exempt prisoners from the
requirements of the “Jim Crow” laws.
_Nature of Accommodations_
Public-domain text, read in full here on John Shaqi.
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