Other Southern States, perhaps, would have undertaken similar legislation, had the legislatures been left unfettered; but under the Reconstruction régime, a number of the States even passed laws prohibiting discrimination against Negroes in public conveyances. In 1870, the Georgia legislature[522] enacted a statute requiring the railroads in the State to furnish equal accommodations to all, without regard to race, color, or previous condition, when a greater amount of fare was exacted than had been exacted before January 1, 1861, which had been at that time half-fare for persons of color. Texas,[523] in 1871, repealed the law of 1866 and prohibited public carriers “from making any distinctions in the carrying of passengers” on account of race, color, or previous condition, making the violation of the law a misdemeanor punishable by a fine of not less than one hundred nor more than five hundred dollars, or imprisonment for not less than thirty or more than ninety days, or both. In 1873, Louisiana[524] prohibited common carriers from making any discrimination against any citizen of the State or of the United States on account of race or color, and went further still by prohibiting common carriers from other States from making such discriminations while in the State. Out of this latter provision arose the great case of Hall v. DeCuir, which will be discussed later. In 1874, Arkansas[525] prohibited any public carrier from making any rules for the government or control of his business which should not affect all persons alike, without regard to race or color.
In the meantime, some of the States outside the South were taking steps to adjust the privileges of persons of color. In 1866, Massachusetts[526] made it unlawful’“to exclude persons from or restrict them in ... any public conveyance ... except for good cause.” The following year, Pennsylvania[527] enacted a statute prohibiting railroads from excluding persons from their cars or requiring them to ride in different parts of the cars on account of color or race, also prohibiting the conductor or other agent of the railroad from throwing the car off the track to prevent such persons from riding. This law was passed just a few days before the famous case of West Chester and Philadelphia Railway Company v. Mills was decided, which case will also be discussed later.