The Ebensburg Alleghanian. [volume] (Ebensburg, Pa.) 1865-1871, 1867-11-14
The Al1e8 e8han1an.
THURSDAY, NOVEMBER IA, 1867,
s.prcme COart--Justice Agneyv.

Justice Agnew, delivered an Option IN
volving the right OF railroad companies
and other public carriers to base TIE sepa-
ration of passengers on mere caprice, or
some inde6nable something that is of no
kin to prejudice, race, color, religion, poll
tics, or any tangible or enjoyable commo-
dity, substance, or quality
The decision as set forth in the opinion
by his Honor may be unfathomably pro-
found, or profoundly unfathomabe, or as
legal as circumcision on the eighth day to
Jew, or equally as learned as it is uuga-
tory under the law as the law now stands,
30 far as concerns our present purpose.
We 90 not complain of the decision, nor
say that it is contrary to what the law
was prior to last winter. But as to the
road that was travelled to get to the deci-
Giou-Of that wo have a survey to make.
Says the opinion "The ladies' car is
known upon every well regulated railroad,
implies DO loss of equal right on the part
of the excluded sex, and its propriety is
doubted by none" Now, if his Honor
had gone only little further aud explain
ed Why his Honor travelling alone should
be presumed a graceless scamp and exclu-
ded from the presence of ladies, while the
veriest rake alive accom- panied by gay
Yirago has secured him admission to femi,
nine presence, he might have discovered
an "impropriety." But if man travel
lug without lady under his protection
is not presumed to be debased beyond all
decency, ~hy exclude him from ladies'
car, unless all males are excluded?
The opinion further saws: "No one can
be excluded by public carrier on account
of color, religious belief, political rela-
tions,- or prejudice" Is that the rule
Then, pray, when horse rail car leaves
station every Eve minutes, and a certain
class Of persons is admitted only to every
third or fourth car that leaves the station,
what comes Of the rule?
If a mau or woman stands at station
or q public corner until three cars pass
into which such person may not enter, and
Is entitled to seat only il the fourth car
passing, what is such exclusion based
on If not Oh "color" or ''prejudiee ?" II
not on ''color" or "prejudice," then on
what basis can rest custom that gives to
designated class Of persons only one
fourth the opportunity of riding afforded
to others?
But says his Honor, by "aDalogy,'
"who would maintain that it is a !easoDa-
bic regulation, either of an inn or a YES.
sci, to compel the passengers, black Oh
(aDd) white, to room or bed together p
The strength OF analogy lies in the simi
larity-if we may be pardoned the rhythm
Bat the similarity in this case is not clear
TO everybody. If court of law or par
of them perceive no "plain and obviou:
distinctions" between the occupancy o.
adjacent seas and Tecrmbrauce between
the same coverlets, why, We presume such
a court would as soor slumber and move
in the double embrace IF Morpheus ant
Sambo as have the latter drive the court
carriage. Inns, however, DO bat seldom
carry "passengers.
His Honor is pleased to play the phil
osopher after The following fashion: "Thc
question is one of difference, not of supe
riority or inferiorityl" conceding equality
+ "yet God has made them dis
similar, with those natural instincts anC
feelings which He always imparts TO Hi
creatures when He intends that they shall
not oYerstep the natural boundaries III
has assigned them" "The separation o
the white and black races upon the glob,
is fac: equally apparent" Yes, but nj
more apparent than the separation of tn
red and white, or any two or more of th
FIVE great races But what of tha. sepa
ration? Ii God ''intendcd" the complet
separation Of the races, as we are gravel
and judicially told, why in the little gam
we have been playing we have scotche
the eternal design and disordered Hi
order more than little. As our Suprem
Court has "overstepped the natural bour
daries,' and got within the jurisdictio
OF the red man, plainly in contraventio
of the Almighty's "providential arrang
mcnt,'' aud greatly to its disturbance, y
move the court convict themselves OF ire
pass W ct arms.
1t was long travel to go through a