Chap. 91.—An ACT to amend and re-enact sections 41, 42, 43, 44, 45, 46 and
47, chapter 4, of an “act concerning public service corporations,” approved
January 18, 1904, so as to require a separation of white and colored pas-
sengers on cars operated by electricity.

Approved March 7, 1906.

1. Be it enacted by the general assembly of Virginia, ‘That sections
forty-one, forty-two, forty-three, forty-four, forty-five, forty-six, and
forty-seven of chapter four, of an act concerning public service corpora-
. approved January eighteenth, nineteen hundred and four, be
aided and resenacted so as to read as follows:

1. All companies or corporations, person or persons, running or ope-
.f trains, cars or coaches by electricity on any railroad line or track
in the State ; and all railroads, traction or power companies, person
ersons, running or operating trains, cars or coaches, by electricity in
State, whether upon lines of railroad owned in part or in whole or
‘d. or lines that may hereafter be granted or constructed; and all
ign corporations organized under charters now granted, or that may
after be granted by any other State, or person or persons who may

or may hereafter be engaged in running or operating any electric
road or railway within this State, either in part or in whole, either
heir own name or in the name of others, be, and are hereby, required

directed in all such cars and coaches to separate the white and
red passengers, and to set apart and designate in each car or coach a
tion thereof, or certain seats therein to be occupied by white passen-
3, and a portion thereof, or certain seats therein, to be occupied by
red passengers, and such company or corporation, person or persons
t shall fail, refuse or neglect to comply with the provisions of this
ion shall be guilty of a misdemeanor, and upon indictment and con-
fiom they shall be fined not less than fifty dollars nor more than two
idred and fifty dollars for each offense.

‘42. The said companies, corporations or persons so operating trains,
s or coaches upon such lines of railroad or railway shall make no dif-
ence or discrimination in the quality and convenience of the accommo-
‘ions provided for the two races, under the provisions of section forty-
>: and it is provided further, that said companies, corporations or per-
1s so operating trains, coaches or cars upon such lines of railroad or
Iway shall in cold weather reasonably heat the several apartments of
cars carrying passengers therein.

$43. The conductor, manager or other person in charge of any car or
ach so operated upon any such line of railroad or railway shall have the
tht, and he is hereby directed and required at any time when it may be
cessary or proper for the comfért and convenience of passengers so to
, to change the designation so as to increase or decrease the amount of
zce or seats set apart for either race: provided, however, no contiguous
ats on the same bench shall be occupied by white and colored passengers
the same time (unless or until all of the other seats in said car shall
occupied) ; and said conductor or manager may require any passenger
change his or her seat as often as it may be necessary or proper; the
id conductor or manager or any such railroad or railway who shall fail
‘refuse to carry out the provisions of this section shall be deemed guilty
fa misdemeanor, and upon conviction thereof shall be fined not less than
ve dollars nor more than twenty-five dollars for each offense.

$44. All persons who shall fail to take and occupy the seats assigned
» them, as heretofore, by sections forty-one and forty-three, provided, or
ail to obey the instructions and directions of the conductor or manager
f such car or coach, as to the seat or space to be occupied by such pas-
enger, shall be deemed guilty of a misdeemanor, and upon conviction
hereof shall be fined not less than five nor more than twenty-five dollars
And any person or persons failing to take and occupy the seat or seats
assigned to him, her or them, or failing to obey the ifstructions and
directions as herein, by sections forty-one and forty-three provided for,
may be ejected from said car, and from the right of way of said company
by any conductor, motorman or manager of said company, or by any
police officer or other conservator of the peace; and in case such passenger
ejected shall have paid his fare upon said car, he shall not be entitled to
a return of any part of said. fare.

$45. Each conductor and motorman in the employ of said company,
and upon the cars of said company, shall be a special policeman, and have
all the powers of conservators of the peace in the enforcement of the pro-
visions of this act, and in the discharge of his duty as special policeman
in the enforcement of order upon said cars and said right of way; and
such conductors and motormen shall likewise have the powers of con-
servators of the peace and of special policemen while in pursuit of per-
sons for disorder upon said cars and right of way for violating the pro-
visions of sections forty-one, forty-three and forty-four, and until such
persons as may be arrested by such conductor or motorman shall have
been placed in confinement, or delivered over to the custody of some
other conservator of the peace or police officer; and, acting in good faith,
he shall be, for the purposes of this act, the judge of the race of each
passenger, whenever such passenger has failed to disclose his or her race.

$46. No company, corporation, person, conductor, manager or motor-
man shall in any case be liable for damages to any one for any lawful act
done in the enforcement of the provision of sections forty-one, forty-
three, forty-four, and forty-five of this chapter.

§47. The provisions of sections forty-one, forty-three and forty-four
shall not apply to employces engaged in conducting, managing or ope-
rating said train, cars or coaches, nor to persons employed as nurses, nor
officers in charge of prisoners or lunatics.

2. All acts or part of acts inconsistent herewith are hereby repealed.