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 liabilities are incurred for the violation of the “Jim Crow”
laws. The three parties concerned are the passenger, the conductor or
manager of the train, and the railroad company itself. If a passenger
refuses to occupy the coach or compartment to which he, by his race,
belongs, the conductor may refuse to carry him and may eject him if he
is already on the train; and for this neither the conductor nor the
railroad company is liable. In Georgia and Texas, conductors are given
express power to enforce the law, and in other States the power is
implied. Some States punish passengers for wilfully riding in the wrong
car by a fine ranging from a minimum of five dollars in Maryland and
Texas to a maximum of one thousand dollars in Georgia, or imprisonment
from twenty days in Louisiana to six months in Georgia.
The conductor is liable for two kinds of offences: (1) for assigning a
passenger to a car or compartment to which he does not by race belong,
and (2) for failing to separate passengers. Most of the States consider
the two violations as one. Only Arkansas and Louisiana prescribe
separate punishments for assigning the passenger to the wrong car—a fine
of twenty-five dollars in Arkansas and a fine of twenty-five dollars or
twenty days’ imprisonment in Louisiana. The punishment for refusing to
enforce the law is a fine varying from a minimum of five dollars in
Texas to a maximum of one thousand dollars in Georgia, or, in a few
States, imprisonment of varying length. In Texas, the fines collected
are applied to the common school fund of the State.
The fine imposed upon railroad companies for failing or refusing to
furnish separate accommodations, varies between twenty-five dollars and
one thousand dollars for each offence, and for this purpose each trip
that the train makes is considered a separate offence. If, however, the
railroad company provides the required separate cars or compartments and
the conductor fails to enforce the law or violates its provisions, it is
the conductor, not the company, who is liable.[571]
_Separation of Postal Clerks_
A special question has arisen out of the Federal postal cars on which
both white and colored clerks are employed. At present, they are obliged
to sleep in the same cars, and at the terminals of long runs dormitories
are provided for them, but without any race separation. The post-office
department has said that such regulation is beyond its control.[572]
Thus the matter stands, with a growing discontent on the part of the
white postal clerks to be so intimately associated with the colored
clerks.
The “Jim Crow” laws in the South, so far as the railroads are concerned,
are very nearly complete. Missouri, as has been said, is the only one of
the Southern States which has not, by express enactment, separated the
races.
SEPARATION OF PASSENGERS IN STREET CARS
Public-domain text, read in full here on John Shaqi.
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