Page:Race distinctions in American Law (IA racedistinctions00stepiala).pdf/157

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  • tinctions in cemeteries are common. The legislature of

Mississippi[78] of 1900, for instance, gave the Ladies' Auxiliary Cemetery Association, an organization of white women, permission to remove the monument and remains of the Negro State Secretary of State, James Lynch, from the white to the Negro cemetery in Jackson, Mississippi, provided it was done without expense to the State.

The Raleigh, N. C., News and Observer of February 20, 1906, quotes the Germantown, Pa., Guide as calling on the people to provide a cemetery where Negroes may be buried, saying that "unless something is done, the bodies of the colored poor will be denied the right of decent burial, for their disposal, of necessity, will be by means of the dissecting rooms of anatomical boards."

The Civil Rights Bills of the eighteen States have now been analyzed, and the judicial decisions arising therefrom have been considered. It is noticeable that, if one excepts the theatre cases of the Reconstruction period, not a case has come from a Southern State. The explanation must be that those States have never undertaken to require hotel-keepers, etc., to offer accommodations without regard to color: the Negroes have taken for granted that they would not be admitted to such places, except upon condition that they would accept the accommodations set apart for their race, and consequently have not applied for admission upon any other terms. In the other States the courts have, as a rule, interpreted the Civil Rights Bills very strictly. If a place is not specifically mentioned in the statute, courts have been very slow to include it under the general head of "other places of amusement or accommodation." In