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
The cars or compartments are to be clearly designated to show to which
race they belong. Several statutes and ordinances require that the
placard “WHITE” or “COLORED,” in plain letters, not less than two inches
high, shall be upon each end of the car or compartment, or upon the
sides of the open cars. A recent case[586] in Mississippi would seem to
hold that the sign must be large enough to be seen in all parts of the
car. The laws of Mississippi and Louisiana require that the law be
posted in the car; in Virginia, the substance of the law is posted in
the car. In Houston, Texas, the race to which the seat belongs is posted
on the back of the seat. In several cities, any one tampering with such
a sign will be punished by a heavy fine.
The law of North Carolina probably contains a fatal defect in that it
requires separation “as far as practicable.” Of course, this would allow
the conductors or companies to make numberless exceptions. As a matter
of fact, most of the North Carolina cities had been contemplating such a
separation, and, when the law went into effect the first of April, 1907,
were ready to regard and enforce it.
_Enforcement of Laws_
In practically all of the cities, the street-car conductors and motormen
are special policemen to enforce the law. For the ejectment of a
wilfully disobedient passenger, they incur no penalty either upon
themselves or the company. North Carolina provides that the conductor
shall not be liable if he makes the mistake of assigning a passenger to
the wrong seat. In several of the cities, it is the duty of the regular
police officers to arrest passengers whom they see riding in the wrong
cars. The penalty upon the conductor for knowingly failing or refusing
to enforce the law varies all the way from a minimum fine of one dollar
in Montgomery, Alabama, to five hundred dollars in Jacksonville,
Florida, or imprisonment from one to ninety days. The liability of the
company is correspondingly heavy in proportion. Each trip made without
providing for the requirements of the law is expressly declared a
separate offence. In Pensacola, Florida, the fine upon the company for
not furnishing separate accommodations is fifty dollars a day.
When a passenger consciously disobeys the law, he may be fined; and if
he insists upon occupying the wrong seat, the conductor may eject him
from the car. According to the Virginia law, “in case such passenger
ejected shall have paid his fare upon said car, he shall not be entitled
to any part of said fare.”
_Exemptions_
Public-domain text, read in full here on John Shaqi.
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