The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-04-10

authority of the same, t. ahall not be
lawful for any common. carriers, or any
party or parties engaged in any business,
calling or pursuit. for the carrying on Of
which O license or charter is required by
any law, municipal, State or Federal, or
by any public rule or regulations, to
discriminate between persons on account
of race, color or previous condition,
who shall make lawful application for
the benefit of such business, calling or
pursuit. - ~-tSN- >.~
SEo 2. Whoever, being common
carrier, under any public license, charter,
rule or regulation, shall by himself or
another, wilfully assign any special quar-
ters or accommodations whatever to any
passenger or person whom such common
carrier may have undertaken to carry, or
who shall, uuder any pretence. deny or
refuse to any person lawfully applying
for the Same, accommodation equal in
every respect to that furnished by him to
any other person, for like compensation
or reward. in like case, having no re-
gard to the persons per Sc who may be
applicants therefor, shall, on conviction.
be punished by fine of one thousand
dollars, and also by confinement OF hard
labor in the Penitentiary for five years;
and if such fine be not paid, the convict
shall be confined in the Penitentiary at
hard labor, rs aforesaid, for notless than
six years.
SEQ 8. Whoever, conducting or man
aging any theatre, or other place of
amusement or recreation, by whatever
name the same may be recognized, or
however called or known, if such theatre
or place he licensed or chartered, or be
under any public rule or regulation what
ever, shall wilfully make any discrimi-
nation against any person lawfully ap-
plying for accommodation in. or admis-
sion to, any such theatre or place, on &C.
count of the race, color, or previous con-
dition Of tho applicant, or shall refuse or
deny to any person lawfully applying
therefor, accommodation equal In every
respect to that furnished at such place
for like reward to any other person, on
account of race. color or previous con-
dition of the applicant therefor, SHALL
on conviction, be punished by q finer of
one thousand dollars, and also impri-
sonment at hard labor in the Feniten-
tiary for three years.
SEQ f. Whoever, not being the prin-
cipal offender under sections two and
three of this Act, shall aid or abet in Or
about the commission Of any of the Of
fences therein mentioned, shall, on con-
viction, be punished by Imprisonment at
hard labor in the Penitentiary for three
years. and no such convict shall ever
vote or hold any Office under any law OF
this State.
SEQ. 5. Every commander, conductor,
manager or other person experimenting
or having charge of any vessel or vehicle,
OK any theatre or other place mentioned
in this Act whatsoever, and as such hav-
ing authority and power to order and
manage affairs in or about the same, who
shall suffer or permit to occur any viola
tion of this Act which such commander,
conductor, manager or person 30 super
intending, and having such charge as
aforesaid, can possibly prevent, shall be
considered an alder and abettor in the
commission of any such offence. and. on
conviction, shall be subject to the penal
ties provided in section four of this Act.
SEQ. g. Every corporation or party
whatever, holding any charter or license
under the authority OF this State, who
shall violate any of the provision OF this
to have committed an abuse Of the fran
chises conferred by or under every such
charter or license, and, on conviction,
oduiA 10hAOio OFOtJ ooOh ohoAS SoA VA AASoaoo,
and any party or parties who, having Be
forfeited any such charter or license as
aforesaid, shall nevertheless presume to
use or operate under or by virtne of the
same. as we'll as every person who shall
be found aiding any such party or par
ties thereabout, shall, on conviction, be
punished by fine of one thousand dol
lars, or imprisonment in the Penitentiary
for three years.
Sec T. In every trial for violating any
provisions Of this Act, whom it shall be
charged that any person has been refused
or denied admission to, or due accom-
mediation in any of the places in this
Act mentioned, on account OF the race,
color or previous condition of the appli-
cant, and such applicant is colored or
black person, the burden shall be on the
defendant party, or parties, 80 having
refused or denied such admission or &C.
commodation, to show that the same was
not done in violation of this Act.
SEQ. g. Every case arising nnder the
first section of this Act, and not pro.
vided for specifically in some succeeding
section, shall be prosecuted and decided
in accordance with the general provisions
of this Act