New-York tribune., 1866-12-29
4 PHILADELPHIA THOMPSON:

s. only hope they may die. specimens u Ih4S Ci1o'
present themselves, from time to time, to the public
view noticeable only because they are standing
still while the rest of the world moves on.
The last who has attracted our attention is Mr. JUS
tico Thompson of Philadelphia. We observe that,
like the original owner of Mrs. Toodess doorplate,
he spells his name with D. Whether he has
been distinguished By any other trait Of char.
acter we do not know. He now appears
upon the scene, spelling his name with p
and keeping niggcrs" out Of the street cars in the
Quaker CITY, If Mr. Justice Thompson have mis-
sion, this would appear to be it. The railway cor
porations are keeping up an obstinate war against one
large class Of the publicof the public IN order to
serve whose interests corporations are permitted
to exist. They have been well served by their
agents; by drivers and conductors whose brutal con-
tempt for the rights Of negro passengers almost equals
that Of the officers Of the corporations. STILL public
opinion is a hard thing TO fight against, and the cor
poratons became in need of some further assistance
than that which drivers and conductors could render
They were able TO reinforce themselves with Mr..
Justice Thompson. As a matter Of policy we think
they made mistake, for the public, finding the
corporation morals udically defended, may like the
bench little less and the corporation not any better
Annie Foster and Mary johnson are two colored
women not alleged to be otherwise than de-
cent in appearance and of decorous behavior.
They sought admission into one Of the cars Of the
Philadelphia and Grays Feuy Passenger Railway
Company; were received without objection, and paid
their fare to the conductor They gave him hi-
teen cents, and received no change, whence
we may infer that the conductor was aware
of their color and thought it safe 10 steal three cents
from "niggers." When he bad the money safe in his
pocket he ordered them out oC the car. Il does not
appear in evidence whether the regulations Of the COM
pany direct their conductors first 90 rob and then 20
maltrcat their negro passenger, but we presume III
any case a Jealous officer is permitted or perhaps OK
peated 20 exercise a wide discretion as 20 'He
degree and kind Of Outrage he nilci,. Or
tho three cents extra may be demanded by the COM
pany az compensation for the trouble which those
negroes occasion by being black and requiring TO be
put of The sum certainly cannot be oon5id.
cred large if we consider the very dirty
character Of the work douo. Whom the coll
ored women-upon the frivolous prete1t that
they were entitled 20 the ride for which their money
had been acceptcdrciIsed to leave The car the con-
ductor stopped il; threatened his passengers with
then went on, and refused 10 let them
leave the car when they desired; then kicked them
of-showing, in his violent wrath, quickne5s and
variety Of invention which must have been
highly pleasing to his employers. Genius Of 30 deli
cate quality ought not to be neglected; the con-
ducor surely deserves to be made director. But the
company, as companies will, betrays ingrai,ude,
and upon being sued, nerposes as defense
that the conductor had exceeded his in
structions If we may be pardoned the
expression the corporation "goes back on its too
faithful servant Mr.. S. G. Fry its President, admits
tAat their rules require the exclusion Of colored poo-
pie, but allows it to be intimated that he OBJ
jects-in formal way, and for the purposes
Of this trial-to being made responsible for
the manner in which the conductor carried
out his instructions. Mr.. Justice Thompson
needed not even this hint to spur his zeal. Le
snaps up the plaintiffs counsel with the following BIT
of what be calls law; UNLESS you can show that the
company had a regulation directing the driver and
conductor to maltreat the passengers this testimony
" would not be proper" We cannot imagine what
broader invitation could be given to these
negotiating corporations, and their employees.
Everybody knows how surely the spirit
of the companys managers penetrates its lower
officers. If Mr.. Fry and his directors don't want
negroes to ride in their cars, they may find it
difficult to prevent them by mere prohibition, but
they will find it easy if they add TO that an unre
strained use Of force. To encourage violence by their
conductors they need not eDjon it in terms; they
have only TO cause it TO DO understood that
oIenses against negroes will be fayoraby, or oven
eniently regarded at headquarters. In other words
they need only issue Just such an order as this COM
psny did issues their conductors will perfectly under
stand that it is meant to cover all outrages, and
convenient Judge will bo found to hold up the letter
Of the order as defense to all actions at law.
We will not do Mr.. Justice Thompson the
injustice TO suppose he believes his opinion to be law.
1t is maxim that man is presumed to intend the
oons equences Of bis own acts 1t is another that he
who fastens on the letter Of o written instrument
sticks in the outside Of its meaning. No company
dare defy public opinion By directing that
negroes be roughly elected from their cars.
But Mr.. Justice Thompson declares that unless
they do this in plain language they arc exempt from
responsibility for the acts Of those who are acting in
the spirit of their instructions. Ho knows better, or
if he does not know better. ho should give place on
Ine Dehch 10 bOmeOouy WIN uoes' OPou us ihhch
the plaintiffs were driven out Of Ncc; c%n;rsv than
Lao. xr1olu IL 49,. -ny lesb uiyuo"J
,Sav xsr. arvsn out Of the car by tho conductor
.hou Mr. Justice Thompson recognizes as bis fellow
servant in the interests OF the company between
the conductor, who is paid servant and the 'uuso'
whom we presume to bo avolunteer osent oi the coni
pany We prefer the conductor and deem h' .he ess
oroditable Office in this wholly dsgrAceui busno''
Judge Thompson goes out of his way 70 say Say
that the agitation for the nghn Oh 'no
colored people is "mOst unfortunate" and ss1 can
:, 40 M GOOD" that until recently the eoloroa