These cases were all founded on the first and second sections of the
Act of Congress, known as the Civil Rights Act, passed March 1st,
1875, entitled, “An Act to protect all citizens in their civil and
legal rights.” 18 Stat. 335. Two of the cases, those against Stanley
and Nichols, were indictments for denying to persons of color the
accommodations and privileges of an inn or hotel; two of them, those
against Ryan and Singleton, were, one on information, the other an
indictment, for denying to individuals the privileges and accommodations
of a theatre, the information against Ryan being for refusing a colored
person a seat in the dress circle of Maguire’s theatre in San Francisco;
and the indictment against Singleton was for denying to another person,
whose color was not stated, the full enjoyment of the accommodations of
the theatre known as the Grand Opera House in New York, “said denial
not being made for any reasons by law applicable to citizens of every
race and color, and regardless of any previous condition of servitude.”
The case of Robinson and wife against the Memphis and Charleston R. R.
Company, was an action brought in the Circuit Court of the United States
for the Western District of Tennessee, to recover the penalty of five
hundred dollars given by the second section of the act; and the gravamen
was the refusal by the conductor of the railroad company to allow the
wife to ride in the ladies’ car, for the reason, as stated in one of the
counts, that she was a person of African descent. The jury rendered a
verdict for the defendants in this case upon the merits, under a charge
of the court, to which a bill of exceptions was taken by the plaintiffs.
The case was tried on the assumption by both parties of the validity of
the act of Congress; and the principal point made by the exceptions was,
that the judge allowed evidence to go to the jury tending to show that
the conductor had reason to suspect that the plaintiff, the wife, was
an improper person, because she was in company with a young man whom he
supposed to be a white man, and on that account inferred that there was
some improper connection between them; and the judge charged the jury,
in substance, that if this was the conductor’s _bona fide_ reason for
excluding the woman from the car, they might take it into consideration
on the question of the liability of the company. The case was brought
here by writ of error at the suit of the plaintiffs. The cases of
Stanley, Nichols, and Singleton came up on certificates of division of
opinion between the judges below as to the constitutionality of the first
and second sections of the act referred to; and the case of Ryan, on a
writ of error to the judgment of the Circuit Court for the District of
California sustaining a demurrer to the information.
Public-domain text, read in full here on John Shaqi.
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