Wyoming democrat. [volume] (Tunkhannock, Wyoming Co., Pa.) 1867-1940, 1867-11-20
From the Age.
Negroes in the Cars.

Some months ago in the Philadelphia
Court oS Common Pleas, Judge Allison
charged jury, in the case of coIored
woman against a conductor of a railroad
train philadelphia and West Chester),
who had put her off the train because she
refused to sit where he directed her, that
he was liable to damages for the assault.
The jury gave the sum of $500 damages.
An appeal was taken to the Supreme
>ourt. On Monday last Judge Agnew
delivered the opinion Of the Supreme
Court, reversing the decision of Judge AL
lison. Judge Agnew is Republican, was
elected by the Republican party, but he is
also lawyer Of high character, and great
moral recttude as man. He does not
believe in mixture of races, nor forcing
negro into the society Of the white race,
whether in cars, or churches, or anywhere
else. His opinion in this case covers the
whole ground, and all who read it must he
satisfied with its marked ability. Judge
Agnew reasons on this question, and reach
es that conviction that all logical minds
must reach who reason about it. The ne
gro race God has marked as a separate
and distinct people, and this cannot he ig.
nored by the teachings Of fanatics or fools,
and so the learned Judge decides. The
Radicals are very much excited over this
opinion Of a Republican Judge. The fol-
lowing decision tells the whole story:
IMPORTANT DECISION IN THE SUPREME
The case of Mary Miles against the
West Chester Railway Company, in the
Supreme Court, came up day before yes
terday, and Judge Agnew gave an opinion
that will be found interesting. The case
was one where the plaintiff claimed that
she was oustcd from her seat in car on
the said road, and elected from the train
on account of her color. She gained her
cause in the in the lower Eastern courts,
but defendants carried it to the Supreme
Court. The following Is the decision:
1t is admitted no one can be excluded
from carriage by public carrier on &C.
count of color, religious belief, political re-
Iations or prejudices. But the defendants
ask the COnrt to say if the seat which the
p aintiff WAS directed to take was in all re-
spects comfortable, safe and convenient
seat, not inferior in any respect 10 the one
she was directed to leave, she could not
recover. The case therefore involves no
assertion of the inferiority of the negro to
the white passenger The simple question
is, whether tue public carrier may, in the
exercise of his private right of property,
separate passengers by any other wel-de
fined characteristic than that of sex.
The right of the carrier to separate pas
sengers is founded on two grounds his
right to private property as a means OF
convey ance and the public interest. The
private means he uses belong wholly to
himself. and imply the right of control for
the protection of his own interest as well
as the performance of his public duty 1t
is not an unreasonable regulation to seat
passengers SO rs 10 preserve order and de-
corum and prevent contact and collision.
If the grounds of regulation be reasonable,
courts Of justice cannot interfere With a
carriers right of private property. The
right of passenger is only that of being
carried safely, and with due regard to
his comfort and convenience, which are
promoted by sound aud well-regulated
separation of passengers.
Who would maintain that either at an
inn or on vessel it is a reasonable regn-
latIon to compel the passengers, black and
white, TO room or bed together If a
right @private property implies no right
Of control, who shall decide contest be-
tween passengers for seats and berths?
Why the Creator made one black and
the other white is known not, but the fact
is apparent and the races distinct. Con-
ceiling equality with natures as perfect and
rights rs sacred, yet God has made them
dissimilar, aud impaired to them features
OF character intended to imply tina. they
shall not overstep the Latnral boundaries
he has assigned TO them. The natural law
which fnrbils their intcrnarriage and the
social amsIgamGtion which leads t. a cor
rup.ion of races is clearly divine. The
separation of the black and white races on
the surface of of the globe is fact equally
apparent.
The right of each to be free from social
contact is as clear as their right to be free
from iDtermarriage, there
fore, we declare right to maintain sppsr-
ate relations as far as is reasonably practi-
cable, but in spirit of kindness and char
iry, with due regard to equality and rights.
From an opinion delivered in 1887, 10y
the late Judge Gibson, it apprars that the
status of the negro never fell within the
Term freemen," and that the emanc'pa-
ton act of s3S did not elevate him to a
citizenship in the State. 10 1888, the
people of tue Commonwealth, by an ex-
press amendment of their Constitution,
drew the line directly between the white