The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-11-11
PHO Right OF Railroad Companies to keen
.,rarntc White aud Black Passengers -Dcci-
;,, nv tho Pennsylvania supreme Court.

IN opinion was delivered in the Supreme
,.-,rt Al ri;tshurg, Penn, on Tuesday, hy
T.. g-c NGnCw, IN q case involving the right or
- broad companies or carriers 10 keep separate
lin K and white passengers, In which il was
...I1rcd that prior 20 the act OF the State As
sruhiv OF March last there was that natural.
49, and customary difference between the
- Pennsylvania which made their sepa.
= .sSpasscnSers in 4 public CONVEYANCE
si"",, iNot sound regulation to secure
promote comfort. preserve the peace,
r,,tair the rights both OF carriers and
{-rrs The case IN which the question
Cd was thatof 4 colorcd woman suing
- ages FOR injuries alleged 10 have been
.,.q.'~u by being compelled TO occupy n diff
cent seat II railroad car than the one She
-. + selected. Judge ACncw, in Announcing
decision, considered the rights of the com
ANY ~ u common carrier, the preferences of
,-vhlic and the laws ana customs of Tho
:, ~ summing up rs follows:
IN is clear, therefore, that under the Con.
..e...a and laws the white and black races
..ssra separate relation 10 each other. We
.... The same difference in thu institutions and
...,.. Of the state. Never has there been
..tr+m.Nturc Of the two races socially, re.
,u>.y. asvillv, or politically. BY unintcr.
r..r. usage The blacks live apart, visit and
..s.tln among themselves, occupy separate
..a,, o. public worship and amusement, and
...s civil OF political stations, not even sit
...... decide their own CarSes. In fact there
80, n, institution OF the STATE In which they
r. mingled Unfortunately with the
-..rs Even the Common School Law pro.
49,. t5- separate schools when their numbers
49,. .,rcratc In the military service also
u. ... were not in;ermiXcd with white soldiers
we're separated INTO companies and regi-
....s, u1 color, and that not by way OF dis
g.rmcHt, but from motives OF wisdom and
--..,nrr. toavoid the antaSoniSms of variant
=. 4 unmiNahlc races. Law and custom hav-
.- sanctioned Il separation of races, il is not
.r. province of The Judiciary 10 lcSslate ii
..sv We cannot say there WAS no difference
d.. .4r, when The lur: and the voice OF the
r..r,.r had said there was. The laws OF the
.,.i,r are found IN its Constitution, sta
r.rS, institutions. and general customs
= j. 10 these sources judges must rcsor,
discover them. If they abandon these
-.8r- Hey pronounce their own opinions
.Na laws OF those whose officers they are
blowing these Cudes. vse ure compelled to
are mat a. The time Of the alleged injury
.-a was that natural legal, and visionary
r..ruCe between the white and black races
,'ts Stale which made their separation rs
-sseagrrs in n public conveyance the subject
f.. .nuud regulation, TO secufe order, promote
mort. preserve the peace and maintain
*. nights both Of carriers and passengers.
r.a 4n:rndauts were therefore entitled TO an
,a-aaiiYe answer 10 the point recited at the
inning OF This opinion IL only remains TO
tina: this cause arose before the passage Of
..s. 3. 10 80. T.aTcil, 1867, declaring IL I'll
..ugu. for railroad companies 10 make any
...#c,iou between passengers on account of
..ar. color, and our decision pronounces the
..,gu,lr as IL stood when the case arose, leav
.., The act 10 operate upon such cases rs shall
..g within its provisions. Indeed. the act
,,f IS an indication of the legislative under
landing Of how the law stood before"