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OOOWhereas,
it is essential to just government we recognize the equality of all
men before the law, and hold that it is the duty of government in its
dealings with the people to mete out equal and exact justice to all,
of whatever nativity, race, color, or persuasion, religious or
political; and it being the appropriate object of legislation to enact
great fundamental principles into law: Therefore,
Be it
enacted by the Senate and House of Representatives of the United
States of American in Congress assembled, That all persons within the
jurisdiction of the United States shall be entitled to the full and
equal and enjoyment of the accommodations, advantages, facilities, and
privileges of inns, public conveyances on land or water, theaters, and
other places of public amusement; subject only to the conditions and
limitations established by law, and applicable alike to citizens of
every race and color, regardless of any previous condition of
servitude.
Section
2. That any person who shall violate the foregoing section by
denying to any citizen, except for reasons by law applicable to
citizens of every race and color, and regardless of any previous
condition of servitude, the full enjoyment of any of the
accommodations, advantages, facilities, or privileges in said section
enumerated, or by aiding or luciting such denial, shall, for every
offence, forfeit and pay the sum of five hundred dollars to the person
aggrieved thereby, to be recovered in an action of debt, with full
costs; and shall also, for every such offense, be deemed guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not less
than five hundred nor more than one thousand dollars, or shall be
imprisoned not less than thirty days nor more than one year: Provided,
that all persons may elect to sue for the State under their rights at
common law and by State statutes; and having so elected to proceed in
the one mode or the other, their right to proceed in the other
jurisdiction shall be barred. But this proviso shall not apply to
criminal proceedings, either under this act or the criminal law of any
State: And provided further, That a judgment for the penalty in favor
of the party aggrieved, or a judgment upon an indictment, shall be a
bar to either prosecution respectively.
Section.
3. That the district and circuit courts of the United States
shall have, exclusively of the courts of the several States,
cognizance of all crimes and offenses against, and violations of, the
provisions of this act; and actions for the penalty given by the
preceding section may be prosecuted in the territorial, district, or
circuit courts of the United States wherever the defendant may be
found, without regard to the other party; and the district attorneys,
marshals, and deputy marshals of the United States, and commissioners
appointed by the circuit and territorial courts of the United States,
with powers of arresting and imprisoning or bailing offenders against
the laws of the United States, are hereby specially authorized and
required to institute proceedings against every person who shall
violate the provisions of this act, and cause him to be arrested and
imprisoned or bailed, as the case may be, for trial before such court
of the United States, or territorial court, as by law has cognizance
of the offense, except in respect of the right of action accruing to
the person aggrieved; and such district attorneys shall cause such
proceedings to be prosecuted to their termination as in other cases:
Provided, That nothing contained in this section shall be construed to
deny or defeat any right of civil action accruing to any person,
whether by reason of this act or otherwise; and any district attorney
who shall willfully fail to institute and prosecute the proceedings
herein required, shall, for every such offense, forfeit and pay the
sum of five hundred dollars to the person aggrieved thereby, to be
recovered by an action of debt, with full costs, and shall, on
conviction thereof, be deemed guilty of a misdemeanor, and be fined
not less than one thousand nor more than five thousand dollars: And
provided further, That a judgment for the penalty in favor of the
party aggrieved against any such district attorney, or a judgment upon
an indictment against any such district attorney, shall be a bar to
either prosecution respectively.
Section
4. That no citizen possessing all other qualification which are
or may be prescribed by law shall be disqualified for service as grand
or petit juror in any court of the United States, or of any State, on
account of race, color, or previous condition of servitude; and any
officer or other person charged with any duty in the selection or
summoning of jurors who shall exclude or fail to summon any citizen
for the cause aforesaid shall, on conviction thereof, be deemed guilty
of a misdemeanor, and be fined not more than five thousand dollars.
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5. That all cases arising under the provisions of this act in
the courts of the United States shall be reviewable by the Supreme
Court of the United States, without regard to the sum in controversy,
under the same provisions and regulations as are now provided by law
for the review of other causes in said court.
Approved, March 1,
1875.
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