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
New York,[233] on April 9, 1874, passed a Civil Rights Bill which
prohibited race distinctions in inns, public conveyances on land and
water, theatres, other public places of amusements, common schools,
public institutions of learning, and cemeteries. It further declared
that the discrimination against a citizen on account of color, by the
use of the word “white,” or any other term, in any law, statute,
ordinance, or regulation, should be repealed. In 1881, it specifically
mentioned hotels, inns, taverns, restaurants, public conveyances,
theatres, and other places of public resort or amusement.[234]
_In South_
One would naturally expect that most of the legislation in the South
guaranteeing civil rights to Negroes would have come during the period
that their governments were in the hands of the Reconstructionists, and
such is the case.
In 1866 a Florida[235] statute made it a misdemeanor for a person of
color to intrude himself into any religious or other public assembly of
white persons, or into a railroad car or other public vehicle set apart
for the exclusive accommodation of white people, or for a white person
so to intrude upon the accommodations of colored persons. By 1873,
however, the political revolution had come, and a statute[236] of that
year forbade discrimination on account of race, color, or previous
condition of servitude, in the full and equal enjoyment of the
accommodations, etc., of inns, public conveyances on land and water,
licensed theatres, other places of public amusement, common schools,
public institutions of learning, cemeteries, and benevolent associations
supported by general taxation. This prohibition did not apply to private
schools or cemeteries established exclusively for white or colored
persons. It added, as did the law of New York, that there should be no
discrimination in any laws by using the word “white.”
A statute of Louisiana[237] in 1869 prohibited any discrimination on
account of race or color by common carriers, innkeepers, hotel keepers,
or keepers of public resorts. The license of such places had to contain
the stipulation that they must be open to all without distinction or
discrimination on account of color. The penalty was forfeiture of the
license and a suit for damages by the party aggrieved. This statute[238]
was strengthened in 1873 by the further provision that all persons,
without regard to race or color, must have “equal and impartial
accommodations” on public conveyances, in inns and other places of
public resort. It was the duty of the attorney-general to bring suit in
the name of the State to take away the license of anyone violating the
law. The statute imposed a fine upon common carriers running from other
States into Louisiana who made any discrimination against citizens of
the latter on account of race or color.
Public-domain text, read in full here on John Shaqi.
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