hin this State in the
business of common carriers of passengers, shall have the right
to refuse to admit any person to their railroad cars, street
cars, steamboats or other water-crafts, stage coaches,
omnibusses, or other vehicles, or to expel any person therefrom
after admission, when such persons shall, on demand, refuse or
neglect to pay the customary fare, or when such person shall be
of infamous character or shall be guilty, after admission to the
conveyance of the carrier, of gross, vulgar, or disorderly
conduct, or who shall commit any act tending to injure the
business of the carrier, prescribed for the management of his
business, after such rules and regulations shall have been made
known: _Provided_, said rules and regulations make no
discrimination on account of race or color, and shall have the
right to refuse any person admission to such conveyance where
there is not room or suitable accommodation; and, except in cases
above enumerated, all persons engaged in the business of common
carriers of passengers are forbidden to refuse admission to their
conveyance, or to expel therefrom any person whomsoever.

_Section 4._ For a violation of any provision of the first and
second sections of this act, the party injured shall have right
of action to recover any damage, exemplary as well as actual,
which he may sustain, before any court of competent jurisdiction.
Acts of 1869, page 77; Rev. Stat. 1870, page 93.

[28] Mr. Justice Clifford concurred in the judgment but went into
details to justify the segregation whereas the opinion of the court
merely tried to see whether the details conflicted with the power of
Congress to regulate commerce.

[29] 118 W. S., 557.

[30] All of these are in 94 U. S.

[31] 133 U. S., 587.

[32] This was the law of Mississippi:

_Sec. 1._ "Be it enacted, That all railroads carrying passengers
in this State (other than street railroads) shall provide equal,
but separate accommodation for the white and colored races by
providing two or more passenger cars for each passenger train, or
by dividing the passenger cars by a partition, so as to secure
separate accommodations."

_Sec. 2._ That the conductors of such passenger trains shall have
power and are hereby required to assign each passenger to the car
or the compartment