EDWIN WARFIELD, ESQ., GOVERNOR.

187

deemed guilty of a misdemeanor, and, upon indictment and con-

viction thereof, shall be fined not less than three hundred dol-

lars nor more than one thousand dollars for each offense.

SEC. 4. And be it enacted, That the conductors and man-

Rights of con-

agers on all railroads shall have power and are hereby re-

ductors and

quired to assign to each white or colored passenger his or her

and managers.

respective car, coach or compartment, and should any pas-

senger refuse to occupy the car, coach or compartment to which

he or she may be assigned by the conductor or managers, shall

have the right to refuse to carry such passenger on his train,

and may put such passenger off his train, and for such refusal

or putting off the train neither the conductor, manager nor

railroad company or corporation, or person owning or operat-

ing the same, shall be liable for damages in any court ; and the

Refusing to oc-

passenger so refusing to occupy the car, coach or compartment

cupy car.

to which he or she may be assigned by the conductor or man-

ager shall be deemed guilty of a misdemeanor, and, on indict-

ment and conviction thereof, shall be fined not less than five

dollars nor more than fifty dollars, or be confined in jail not

less than thirty days, or both, in the discretion of the court, for

each offense.

SEC. 5. And be it enacted. That any conductor or manager

on any railroad who shall fail or refuse to perform the duties

Failure to per-
form duties.

imposed upon him by Section 4 of this Act shall be deemed

guilty of a misdemeanor, and, upon indictment and conviction

thereof, shall be fined not less than twenty-five dollars and not

more than fifty dollars for each offense.

SEC. 6. And be it enacted, That when any car, coach or com-

partment for either white or colored passengers shall be com-

Lack of accom-
modations.

pletely filled, where no extra cars or coaches can be obtained,

and the increased number of passengers could not be foreseen,

the conductor or manager in charge of such train is hereby

authorized to assign and set apart a portion of the car, coach

or compartment assigned to passengers of one color to passen-

gers of the other color.

SEC. 7. And be it enacted, That the provisions of this Act

shall not apply to employees of railroads, or to persons em-

Exceptions.

ployed as nurses, or to officers in charge of prisoners, whether

the said prisoners are white or colored, or both white and col-

ored, or to the prisoners in their custody, nor shall the same

apply to the transportation of passengers in any caboose car

attached to a freight train, nor to parlor nor sleeping cars, nor

through express trains that do no local business.