CONTENTS

CHAPTER I
PAGE
Introductory[1][11]
What is a Race Distinction in Law[1]
Distinctions and Discriminations Contrasted[2]
Legal and Actual Distinctions[5]
All Race Elements Included[6]
Period Covered from 1865 to Present[7]
CHAPTER II
What is a Negro?[12][25]
Legal Definition of Negro[12]
Proper Name for Black Men in America[20]
CHAPTER III
Defamation to Call a White Person a Negro[26][34]
CHAPTER IV
The “Black Laws” of 1865–68[35][66]
“Black Laws” of Free States[36]
Restrictions upon Movement of Negroes[40]
Limitations upon Negroes in Respect to Occupations[41]
Sale of Firearms and Liquor to Negroes[43]
Labor Contracts of Negroes[46]
Apprentice Laws[53]
Vagrancy Laws[58]
Pauper Laws[60]
CHAPTER V
Reconstruction of Marital Relations[67][77]
Remarriages[68]
Certificates of Marriage[70]
Slave Marriages Declared Legal by Statute[73]
Marriages Between Slaves and Free Negroes[74]
Federal Legislation[75]
CHAPTER VI
Intermarriage and Miscegenation[78][101]
Intermarriage During Reconstruction[78]
Present State of the Law Against Intermarriage[81]
To Whom the Laws Apply[81]
Effect of Attempted Intermarriage[83]
Punishment for Intermarriage[84]
Punishment for Issuing Licenses[86]
Punishment for Performing the Ceremony[87]
Cohabitation Without Intermarriage[88]
States Repealing Laws Against Intermarriage[89]
Marriages Between the Negro and Non-Caucasian Races[90]
Effect Given to Marriages in Other States[92]
Intermarriage and the Federal Constitution[95]
Intermarriages in Boston[98]
CHAPTER VII
Civil Rights of Negroes[102][153]
Federal Civil Rights Legislation[103]
State Legislation Between 1865 and 1883[111]
In States Outside of South[112]
In South[115]
State Legislation After 1883[120]
In South[120]
In States Outside of South[120]
Hotels[124]
Restaurants[127]
Barber-shops[129]
Bootblack Stands[130]
Billiard-rooms[131]
Saloons[132]
Soda Fountains[133]
Theatres[134]
Skating-Rinks[136]
Cemeteries[136]
Race Discrimination by Insurance Companies[138]
Race Discriminations by Labor Unions[140]
Churches[141]
Negroes in the Militia[144]
Separation of State Dependents[146]
CHAPTER VIII
Separation of Races in Schools[154][206]
Berea College Affair[154]
Exclusion of Japanese from Public Schools of San Francisco[159]
Dr. Charles W. Eliot on Separation of Races in Schools[163]
Separation Before 1865[165]
Present Extent of Separation in Public Schools[170]
In South[170]
In States Outside of South[177]
Separation in Private Schools[190]
Equality of Accommodations[192]
Division of Public School Fund[194]
CHAPTER IX
Separation of Races in Public Conveyances[207][236]
Origin of “Jim Crow”[208]
Development of Legislation Prior to 1875[208]
Legislation Between 1865 and 1881[211]
Separation of Passengers on Steamboats[214]
Separation of Passengers in Railroad Cars[216]
Interstate and Intrastate Travel[217]
Sleeping Cars[219]
Waiting-Rooms[220]
Trains to which Laws do not Apply[221]
Passengers to whom Law does not Apply[222]
Nature of Accommodations[223]
Means of Separation[224]
Designation of Separation[225]
Punishment for Violating Law[225]
Separation of Postal Clerks[227]
Separation of Passengers in Street Cars[227]
Present Extent of Separation[228]
Method of Separation[229]
Enforcement of Laws[231]
Exemptions[232]
CHAPTER X
Negro in Court Room[237][280]
As Spectator[237]
As Judge[238]
As Lawyer[239]
As Witness[241]
As Juror[247]
Actual Jury Service by Negroes in South[253]
Separate Courts[272]
Different Punishments[273]
CHAPTER XI
Suffrage[281][347]
Negro Suffrage Before 1865[282]
Suffrage Between 1865 and 1870[285]
Suffrage Between 1870 and 1890[288]
Southern Suffrage Amendments Since 1890[294]
Citizenship[296]
Age[297]
Sex[298]
Residence[298]
Payment of Taxes[299]
Ownership of Property[300]
Educational Test[301]
“Grandfather Clauses”[305]
“Understanding and Character Clauses”[308]
Persons Excluded from Suffrage[310]
Suffrage in Insular Possessions of United States[312]
Constitutionality of Suffrage Amendments[313]
Maryland and Fifteenth Amendment[317]
Extent of Actual Disfranchisement[320]
Qualifications for Voting in the United States[322]
CHAPTER XII
Race Distinctions versus Race Discriminations[348][362]
Race Distinctions not Confined to One Section[348]
Race Distinctions not Confined to One Race[350]
Race Distinctions not Decreasing[351]
Distinctions not Based on Race Superiority[353]
Solution of Race Problem Hindered by Multiplicity of Proposed Remedies[354]
Search for a Common Platform[355]
Proper Place of Race Distinctions[356]
Obliteration of Race Discriminations[358]
Table of Cases Cited[363]
Index[369]

RACE DISTINCTIONS IN

AMERICAN LAW

CHAPTER I
INTRODUCTORY