Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-10-26
TENNESSEE EEGISLATURE,
Senate.
FRIDAY, Oct 25, 1s67.-Prsyer BY the
Rev. Mr. Huntington.

| tWo years.
= Mr.. Eaton A bill to incorporate III
e Eagle Mining Company OF Tennessee
? Mr.. Garner: A bill to repeal the l6tl
section Of the franchise law of Februar,
25, 1867. Referred TO the Joint select com
mittee, on that part of the Governors mes
5 age referring to this subject
SOCIAL EQUALITY.
The following House bill was taken up
a bill to infict penalties upon common car
| riers and,their agents for violations of law b.
making unjust and illegal distinctions base(
on color, race and previous condition
Section /. Be it enacted by the Genera
Assembly of Tennessee, That no distinc.
tiOn shall be made by common carriers iG
this State, either by railroad, turnpike ol
other corporations, or private parties who
are common carriers, in regard to the color
race or previous condition of any person OF
persons asking at the hands of said com
mon carriers, conveyance or any other ser.
vice commonly rendered by them.
Sec. 2. BE il further enacted, That for
each and every violation of this act bv any
common carrier exercising the privileges
that attach to said calling within the State
| of Tenpessee, there shall be imposed upon
|
one hundred dollars to be paid to the per-
son against whom said discrimination may
be made.
Sec. 9. Be it further enacted, That any
conductor or any other employe of said
common carriers, who may 30 distinguish
between persons so desiring the services of
said common carriers on account of race,
color or previous condition, shall be deemed
guilty of misdemeanor, and on conviction
thereof shall be fined in the sum of not less
than ten dollars, nor more than fifty dol
lars, to be paid into the Treasury of the
State of Tennessee for the use Of the COM
mon schools of the State and imprisoned
in the Jail of the county where the indict-
ment is found, not exceeding thirty days,
at the discretion of the court.
Sec. 4. Be it further enacted That all
laws of the State in any manner conflicting
with the provisions of this act, in so far as
they do conflict, be and the same are here
! by repealed. ..f Ef..
Sec. 5. Be it further enacted, That this
act shall take effect from and after its pas
sage.
The bill, after passing its first reading in
the Senate, was referred to the Committee
on interpretations, which recommended its
passage with the following amendment:
Provided, that nothing in this act shall
be so construed as to forbid said common
carriers setting apart as heretofore, special
accommodations for ladies'
This amendment was adopted on the
second reading of the bill without a di-
vision, and upon taking upthe billion third
and last reading
Mr vi orouaJ - - Al.
Judiciary Committee
Mr.. Smith objected TO the reference. 1t
had been referred TO the Committee on In
corporations, and that committee had re-
commended its passage with an amendment
authorizing common carriers to provide, as
| heretofore, special accommodations. He
regretted that this amendment was adopted
] He opposed any exclusiveness. He had
observed the practical working of this
ladies' car arrangement; it was unjust and
unequal. He desired TO see no distinction.
The person who purchases a frst-class
| ticket, was entitled to Ersfsclass a5Ge4Huao-
dations, without regard to color.
MIR. Garner as the chairman of the Com
mittee on interpretations felt called upon
to defend the report and amendment The
amendment he said was not designed to
make distinction on account of color.
| Railroads had been In the habit Of setting
| apart special cars for ladies. The inten-
| ton of the amendment was not to exclude
colored ladies from these special cars. He
| thought the amendment was entirely
proper
Mr.. Aldridge concurred in the views Of
| Mr.. Garner. Hhe custom of setting apart
| special accommodations for ladies had been
practiced in the North. He believed that
| ladies should be respected and their COM
fort consulted. The amendment did not
| exclude colored ladies from the ladies' car.
Mr. Lyle spoke as follows:
Mr.. SPEAKER, AND GENTLEMEN OF THE
| SENATE: The bill under consideration |
am opposed to.
First In my opinion, there should be no
law passed having for its object the regula-
! ton Of society. Society will regulate
itself much sooner by letting it alone,
Second. Should the bill become a law,
under its provisions the conductor of
railroad car can designate box for ladies,
and you, Mr.. Speaker, would go with your
lady into that car. A man of color and his
wife would claim the same privilege; the
conductor could not object; hence, In nine
I cases out of ten, difficulties would arise
| which would he traced alone TO the passage
of this bill. 1t is already law of the
| United States that no difference shall be
made on account of race, color, or former
| condition. Then in the name of common
sense, let us cease TO dahble in making laws
| looking 10 the regulation of society. For
my part, | shall vote against the bill npon
these considerations.
Mr.. Carey said he did not desire to 90
into general discussion of the bill, but
| opposed the amendment. If the amend
ment was retained, it would defeat the very
| object sought to be accomplished by the
| bill. The amendment provides that spe-
| cial accommodations may be set apart "ds
| heretofore" The railroads had heretofore
excluded, uniustly, colored citizens from
the privileges for which they had paid
! their money. The same practice would be
! Continued under this amendment and the
! object of the bill be defeated.
Mr. Smith repeated his previous argu-
ments against the amendment. He was
satisfied the bill would amount TO nothing,
| if il was retained. Every conductor was
! the master of hisNwn train and under the
! proviso for special accommodation" they
would say TO any one, 'you cannot go into
this or that car" He hoped the bill would
not pass in that shape-and he was sure it
would not, if the Senate wsuld obey the
dictates Of equal justice to ali men without
regard TO race, color or previous condition.
Mr.. Nelson hoped the bill would not
pass, either with or without the amend
ment. Railroad companies had vested
rights under their charters, and this Legis~
! lature could not infringe those rights with
out it is shown that they had forfeited those
rights by violation of their charters. He
thought the bill was unconstitutional, and
hoped it would not pass.
Mr.. Frierson said he hoped the bill
would not pass. He concurred in the views
submitted by Mr. Lyle and Mr.. Nelson.
The sooner wecease TO legislate on the con-
ditions of society, the sooner society will
regulate itself.
Mr.. Carey again stated his objections to
the amendment, and referred TO instances
Of unjust determinations on the roads be-
tween Nashville and Franklin, and be-
tween Nashville and Louisville; and con-
cluded by moving 10 reconsider the vote
by which the amendment was adopted.
The motion prevailed, and the amendment
was then rejected by the following vote:
Ayes-Messrs Fuson, Henderson, keith,
Lyle, Nelson, Patterson and Wilson,.
NOes-Messrs. Aldridge, Carey, Eaton,
-. Oil