The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1870-03-17
Au Act

to secure to the People the Benefits Of a
Republican Government in this State.
WHEREAS, in this State the Government
is democracy, the people ruling, and the
Government is also republican one, IN which
all things pertaining to the Government are
in common among all the people; and where
as. it follows that no person is entitled to spe-
cial privileges, or to be preferred before any
other person in public matters, but all per-
sons are equal before the law and whereas,
these propositions lie at the very foundation
of our policy, and the American people have
embodied the same, in the most emphatic
manner possible, in their organic and statute
laws, and the same do by their sovereign will
and pleasure sustain; and whereas, notvith-
standing all these great and glorious facts,
there are found some brutal, ill-disposed, and
lawless persons in the State who persist in
denying and trampling upon the sacred rights
of certain of the people; therefore,
SECTION /. Be it enacted by the Senate
and House of Representatives of the State of
South Carolina, now met and sitting in Gen.
eral Assembly, and by the authority of the
same 1t shall not be lawful for any common
carriers, or any party or parties engaged in
any business, calling, or pursuit, for the car
rying on of which license or charter Is re-
ouired BY any law, municipal, State, or Fed.
eral, or by any public rule or regulations, to
discriminate between two persons on account
of race, color, or previous condition, who shall
make lawful application for the benefit Of such
business, calling, or pursuit.
c. @ IULooror haipn coronOp rorripr
under any public license, charter, rule, or reg
ulation, shall, by himself or another, wifully
assign any special quarters or accommodations
whatever to any passenger or persons whom
such common carrier may have undertaken to
carry, or who shall, under any pretence, deny
or refuse to any person lawful y applying for
the same, accommodation equal in every re-
spect to that furnished by him to any other
person for like compensation or reward, in
like case, having no regard to the persons per
Sc who may be applicants therefor, shall, on
conviction, be punished by a fine of one thou
sand dollars, and also by confinement at hard
labor in the Penitentiary for five years; and
if such fine be not paid, the convict shall be
conGucd in the Penitentiury at hard labor, as
aforesaid, for not less than six years.
SEC. 8. Whoever, conducting or managing
any theatre, or other place of amusement or
recreation, by whatever Dame the same may
be recognized, or however called or known, if
such theatre or placebe licensed or chartered,
or be under any public rule or regulation
whatever, shall wilfully make any discrimina-
tion against any person lawfully applying for
accommodation in, or admission to, any such
theatre or place, On account Of the race, color,
or previous condition of the applicant, or
shall refuse or deny to any person lawfully ap-
plying 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 condition of the ap-
plicant therefor, shall, on conviction, be pun
ished by fine of one thousand dollars, and
also imnrisonmcnt at hard labor in the Peni-
tentiary for three years.
Sec. 4. Whoever, not being the principal
q Tender under sections two and three of this
act, shall aid or abet in or about the commits
sion of any ofenses therein mentioned, shall,
on conviction, 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.
SEC. S. Every commander, conductor, man.
ager, or other person experimenting or hav'
ing charge of any vessel or vehicle, or any
theatre or other PLACE mentioned in this act
whatsoever, and as such having authority and
power TO order and manage affairs in or about
the same, who shall suffer or permit to occur
auy violation of this act, which such COM
msuder, conductor, manager or person so su-
2erintendiDg, and having such charge as
aforesaid, can possibly prev mt, shall be con-
sidered an alder and abetter in the commits
sion in any such ofense, and on conviction
shall be subject to the penalties provided IN
section four of this act.
SEC. 6. Every corporation or party what
ever, holding any charter or license under the
authority of this State, who shall violate any
of the provisions of this act, shall thereupon
be deemed and held to have committed an
abuse of the franchises conferred by or under
every such charter or license, and on conVlc-
tion shall forfeit every such charter or license;
and any party or parties who having so TOR
feited any such charter or license aforesaid
shall nevertheless presume to use or operate
under or by virtue of the same, as well as
every person who shall be found aiding such
party or parties thereabout, shall, on convic.
tiou, be punished by fine of one thousand
dollars or imprisonment in the Penltentiary
SEC. I. Iu every trial for violating any
provisions of this act, when it shall be charged
that any person has been refused or denied
admission to. or due accommodation in anu
of the places in this act mentioned, ON ac-
count Of the race, color, or previous condition
of the applicants colored or black person,
the burden shall be on tie defendant party,
or parties, SO having refused or denied such
admission or accommodation, to show that the
sane was not done in violation of this act.
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