of a car (when it is divided by a partition)
used for the race to which said passenger belongs; and that,
should any passenger refuse to occupy the car to which he or she
is assigned by such conductor, said conductor shall have the
power to refuse to carry such passenger on his train and neither
he nor the railroad company shall be liable for any damages in
any event in this State.

_Sec. 3._ That all railroad companies that shall refuse or
neglect within sixty days after the approval of this act to
comply with the requirements of section one of this act, shall be
deemed guilty of a misdemeanor and shall upon conviction in a
court of competent jurisdiction, be fined not more than five
hundred dollars; and any conductor that shall neglect to, or
refuse to carry out the provisions of this act, shall, upon
conviction, be fined not less than twenty-five nor more than
fifty dollars for each offense.

_Sec. 4._ That all acts and parts of acts in conflict with this
act be, and the same are hereby repealed, and this act to take
effect and be in force from and after passage. Acts of 1888, p.
48.

[33] 133 U. S., 592.

[34] 163 U. S., 317.

[35] _Ibid._, 537.

[36] 169 U. S., 613, 645.

[37] 141 U. S., 61.

[38] In _Pa. R. R. Co._ v. _Hughes_ (191 U. S., 489), Justice White
says:

"In the absence of Congressional legislation upon the subject an
act of the Alabama legislature to require locomotive engineers to
be examined and licensed by a board to be appointed by the
governor for that purpose was sustained in _Smith_ v. _Alabama_"
(124 U. S., 465).

[39] 179 U. S., 393.

[40] 133 U. S., 587.

[41] 163 U. S., 537.

[42] 179 U. S., 388, 391.

[43] 133 U. S., 588.

[44] 218 U. S., 71.

[45] 235 U. S., 151.

[46] U. S., 18, 1907 Revised Statutes, 1910, Section 860, _et seq._

[47] 100 U. S., 303.

[48] _Ibid._, 313.

[49] 103 U. S., 370.

[50] 162 U. S., 565.

[51] 107 U. S., 110.

[52] 162 U. S., 592.

[53] 163 U. S., 101.

[54] 167 U. S., 442.

[55] 192 U. S., 226.

[56] 200 U. S., 316.

[57] 218 U. S., 161.

[58] Laws of South Carolina, 1902, page 1066, section 2.

[59] 100 U. S., 371.

[60] 110 U. S., 651.

[61] 127 U. S., 731.

[62] 179 U. S., 58.

[63] 185 U. S.

[64] 189 U. S., 475.

[65] 193 U. S., 146.

[66] The Constitution of Mississippi prescribi