STATE LEGISLATION AFTER 1883

In South

The civil rights legislation in the South after 1883 may be shortly disposed of, for an examination of the session laws of the Southern States since that time reveals only one statute that can at all properly be called a Civil Rights Bill. That was a statute of Tennessee[[243]] of March 25, 1885, providing against discrimination in theatres, shows, parks, places of public resort for observation of scenery or amusement of any kind whatever, where fee or toll is charged. But it adds this significant section: “That nothing herein contained shall be construed as interfering with the existing rights to provide separate accommodations and seats for colored and white persons at such places.” It may be taken for granted that the Civil Rights Bills passed in the South by the Reconstruction administrations became inoperative, if they were not actually repealed, as soon as the government reverted to the hands of the resident white people. Of course, all the Southern legislation as to separate schools and separate accommodations in public conveyances relates to the civil rights of Negroes, and most of this has come since 1883, but the discussion of these two important subjects is postponed to later chapters.

In States Outside of South

The Federal Civil Rights Bill, as has been seen, was declared unconstitutional in 1883, and the national government was thereby declared impotent to secure for Negroes equality of accommodations in public places. Thus the burden, as has been said before, was thrown upon the States. Many of the States outside the South responded by adopting bills which practically copied the Civil Rights Bill of 1875. The following is a list of the States that have such Civil Rights Bills with the dates of their adoption and amendments: Connecticut,[[244]] 1884 and 1905; Iowa,[[245]] 1884 and 1892; New Jersey,[[246]] 1884; Ohio,[[247]] 1884 and 1894; Colorado,[[248]] 1885 and 1895; Illinois,[[249]] 1885; Indiana,[[250]] 1885; Massachusetts,[[251]] 1885, 1893, and 1895; Michigan,[[252]] 1885; Minnesota,[[253]] 1885, 1897, and 1899; Nebraska,[[254]] 1885 and 1893; Rhode Island,[[255]] 1885; New York,[[256]] 1893 and 1895; Pennsylvania,[[257]] 1887; Washington,[[258]] 1890; Wisconsin,[[259]] 1895; and California,[[260]] 1897. The Kansas[[261]] bill has already been considered.

A clearer idea of what the various State statutes mean and how they differ from the Civil Rights Bill of 1875 may be got from the accompanying table. The list contains the names of places where all citizens, without regard to race, color, or previous condition of servitude are guaranteed equality of accommodation. It will be noticed that none of the Southern States have Civil Rights Bills and, therefore, depend upon the courts to determine the rights of citizens in public places, and in addition the following States have no such statute: Delaware, Idaho, Maine, Maryland, Missouri, Montana, Nevada, New Hampshire, North Dakota, Oregon, South Dakota, Utah, Vermont, West Virginia, and Wyoming.

ANALYSIS OF THE STATE CIVIL RIGHTS BILLS
CaliforniaColoradoConnecticutIllinoisIndianaIowaKansasMassachusettsMichiganMinnesotaNebraskaNew JerseyNew YorkOhioPennsylvaniaRhode IslandWashingtonWisconsinTotal
Innsxx xxxxxxxxxxx xxx16
Taverns x 1
Restaurantsx xx xxxxx xxx xx13
Eating housesxx xxx xx xx xx11
Boarding houses x 1
Cafés x 1
Chop houses x 1
Lunch counters x 1
Hotelsx x x x x x 6
Saloons x x2
Soda fountains x 1
Ice cream parlors x x 2
Bath housesx x x x 4
Barber shopsxx xxx xxxx xx xx13
Theatresxx xxx xxxxxxxx x 14
Concerts x x 2
Music halls x 1
Skating rinksx x x 3
Bicycle rinks x 1
Churches x 1
Public meetings x 1
Elevators x 1
Public conveyances xxxxxxxxxxxxxxxxx17
State universities x 1
State colleges x 1
Schools of public instruction x 1
Places of public instruction x 1
Places of public accommodationxxxxx xx xx xx11
Places of public amusementxxxxxxxxxxxxxxxxxx18
Places of public resort x x 2
Public places kept for hire, gain, or reward x 1
Places where refreshments are served x x 2
Places of entertainment x x x 3
x Indicates States in which equal accommodations are guaranteed to all without regard to race.