The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-02-27
fGeneral Law-No. aO.l


An act to amend sections 1871 and 2732 o
1871.
SectionI. Be it enacted by the Legisla
iure Of the State OF Mississippi, That sec
tlon (273l) two thousand seven hundred an6
thrty-one aud section (2T32) two Thousand
seven hundred and thirIy-two of the Re
vised Code. approved May -. A. d. 1871
be, and they are hereby, amended to reaG
rs follows, to-wit: That all citizens OF this
Stare, without distinction of race. color OF
previous condition of SeTvitude, are entitled
TO the equal and impartial enjoyment OF
any accommodation, advantage, facility OF
privilege furnished by common carriers
running in or through or plying within
this State. whether upon land or upon wa
| terS, by any keeper, ON Isers or lessee of any
hotel. ian or restaurant. by any owner,
managers or lessee of any theatre or other
place of public amusement or place OF en-
| tertainment or accommodation, and the
/ equal and impartial enjoyment OF any such
accommodation, facility privilege or adj
vantage il hereby declared t. have always
been, is now, and shall forever remain q
| right inherent in every ctilzen or person.
| and which right shall not lie denied, abridg-
| ed or ipfringed on account of any dlstine-
| ton OF race, color or previous condition of
servitude; and any person who shall violate
any OF the foregoing provisions, or who
| shall deny TO or withhold from any person
/ the enjoyment OF any of the foregoing ac-
Communications, facilities, or advantages,
| equally aud imparLialiy. on any such ac-
count, or for any such, or who shall abridge
| or infringe the same, or who shall incite
| thereto, Shall be deemed guilty of a misde-
meanor, and shall, on conviction before any
| justice of the peace or any court having ju-
| risticton thereof for each and every such
otfense. forfeit and pay to the person ag-
grieyed thereby sum of money which, in
any case, shall not be less than $500 'hree
hundred dollars, to be recovered in any ac-
ton on the case, with full costs and such
allowance for counsel's fees as the court
shall deem Just; and shall be fined not less
than ($l00) one hundred dollars, or be i'm
prisoned not less than 800 days. nor more
than one year, or both, in the discretion OF
the court,
And any corporation, association or indi-
vidual violating the aforesaid provisions, or
any of them. or denying. abridglng or in
fringing, in any manner, any of the afore-
said rights, privileges, accommodations, IA
ciites or advantages of any person, shall.
upon conviction thereof, forfeit their, his or
her license, or other authority or power,
under or by virtue of which they, he or she
are or my be, by the laws of this State, per-
mitted or authorized to conduct. manage or
run any business or employ ment, and any
person or association of persons assuming
or continuing to use or act under or by vir-
tue of any such charter. license or authori-
ty so forfeited, or aiding i'm the same or in
citing thereto. shall be fined for each aud
every offense. not less than ($l,OOO) one
thousand nor more than $4,000 five thous-
and dollars, and shall be imprisoned not
less than ~ three years nor more than
seven years, and the corporate and joint
property o. snch corporation or association
or individual shall be held liable for the
forfeiture, fines and penalties incurred by |
any violation of this act.
Section 2. Be it further enacted, That |
the circuit courts of this State shall have !
appellate jurisdiction in all ca~es arising |
under or by virtue of this act, and it shall |
only be necessary for the plaintiff or plain |
tiffs in any action under or by virtue Of this |
act, in any court, to show that he. or She, or |
they, as the case may be, were refused, de- |
MED or withheld equal and impartial ac-
comm0dation. facility, privilege or advan- /
tage UNFINISHED by any public carriers, By |
aAy inn-keeper. owner. m3nager or lessee !
Of any theatre, or other place OF public !
amusement or az enter ainInent or accom- !
mojatiJn, that their, his or her right or |
rights, declared by this act, were abridg |
ed or infrinSed, and no sufficient cause was |
assigned, given or made known TO the |
plaintiff, then aud Their, az the time of
such refusal. denial, or Withholding, or
abrdging, or infringing of such accOmmo- |
tiation facility, privilege or advantage APP
piled for and the burden of proof shall be |
upon the defendant To show that such re- !
fnsal. denial or Withholding of such accom-
modatiOn, facility, privilege, or advantage, |
or abridging or Infringing of the same, was /
not on account of race, color or previous |
OF SefNlCuut.
Section 3. Be it further enacted, That the |
Judges of the several Circuit Courts of this |
State shall specially give this act in charge |
to the grand juries of their respective |
courts, at the commencement of each term /
thereof, and District Attorneys of the seve-
raj districts of this State shall institute and |
prosecute in their several districts proceed |
ings for any violation of this act. and any
District Attorney who shall fail, neglect or |
refuse compliance herewith, shall be deem
ed guilty OF misdemeanor in office, and on |
conviction thereof shall be fined not less /
than (S500) five hundred dollars, nor more |
than Isl .000) one thousand dollars, and shall |
be dismissed from office.
Section 1. Be il further enacted. That /
every law, statute, ordinance, regulation or
custom, inconsistent with this act or the |
act TO which this j. amendatory, is hereby |
repealed anil annulled, and that this act |
take effect aud be in force aud after |
thirty days from the date of its passage.
The bill passed the House by the fol-
lowing vote:
YEAS Messrs. Andrews. Avery. Barrett,
ter, Cessor. Cooke, Corcoran. Dixon, Ever
EFT. Feemster, Fisher, Foley. French,
5ayles, Gaines, Griggs, Green, Hill, Handy, /
of Copiah, Hall, Haste, Howard, Holmes, |
Houston. Johnson, OF Kinds, johnson, of
DeSoto. Kendrck. Landers, Lindsey, Mallo-
ry, Mauss. Mccain, McInnis, Nettles, Piles,
Reese, Shadd, Smith, of Tunica, Smith, of |
DeSoto, Stewart. of Holiness Stewart, of
Noxubee, Stone Spelman, Smothers, Sulli-
van, Truehart, West, Webster, White, Wade,
and Mr.. Speaker.
NAYs-MessrS. Allen, Archer. Armstead,
Applewhite, Baker, Benson, Bolton, Boyu. |
Buchanan, Curlee, Currie, Evans, Ford.
Gaddis, Gaines, Goar, Hall, Hudnall, Hyer, /
Jones, Kimbrough, Land, Leavell, Lopez,
Lowry, Martinere. Metts Mcintosh. Nc
Kenzie, MeKie. Nisbett, Potter, Reed.
Re aue. Ross, Sessions, Streeter, Sawyer,