The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1869-08-19
rho CIvll Rights case.

street Railway Company for tJsctIug a
negro from one Of their cars, and Judge
Good for dining him because be was
elected. I! says the victim 10 70 vicious
and obstrSpsrouS negEo,n and "a black
blAckguard." Il Ia trus that hs Ia q
negro; but that haH ceased to DO q crime.
But from the statements Of gentleman
10 white gentleman and 4 Democrat
who knows him we'll, and has for
dozen Year,, be 10 not vicious nor
ohStreperous, nor a blackguard. On
the contrary, he IsA quiet, sober, hon.
est, well.behAVed man; and we are In
formed, as n gentleman, either 10 NOR.
ais or manners, viii compare very
fAvorably with the editor OF the Regis.
ter, who thus lIbsls him. and who, In
using these epItheLs, renders himself
liable 10 be called on 10 provo them In
the courts. His name Is Henry Hol.
finger, u son OF old Aunt MlnLie,"
who II known 10 everybody In the city.
The facts 10 this case, as they were
brought ont In the hearing before Judge
Good, are briefly these: HollIuger got
on the car In RItchIetown, paid his fare,
and rode for while on the platform,
''!hO proper place." the Register says,
for the "black blRckguArd." After
coming up town some distance he
walked Into The car and stood In the
aisle. While he was standing thus the
. conductor came 10 him and requested
him to go out on the platform. nol.
llnger declined. The conductor told
him rule Of the company forbade ne
groes riding inside the car and he must
enforce the rule. HollIuger replied that
he had paid bis fare, was entitled
TO ride In the car and intended TO do Il.
The conductor then took hold OF him
and attempted 10 force him out. Hol-
llnger resisted by braclng his hands
against the door. The result was, how
ever, that be was forcibly elected on TO
the platform. lie rode there up to the
Mcclure House, and went into the tick.
ct office Of the Company to demand OF
the head Of the concern why the subor.
dlnate had elected him. The reason
given was the same given by the con-
ductor; Whereupou HollIuGer express
ed his sense Of wrong, As any man
naturally would, In terms much
more emphatic than elegant. He
was arrested aud upon u hearing
Judge good considered that he had
made "tumult and disorder. ~
Whether Ihe same amount OF loud
talk and swearing would have been
tumult and disorder II INDUCED In by q
white man can only be conJectured. It
Is very certain II II had been II white
man he would have INDUCED fully as
much.
ItIsa fact, although denied by the
Register, that Judge Good In delivering
the usual lecture before Imposing the
due connected HollInHer's action In
refusing to leave the car with his con-
duct in the ticket Office, and considered
the former part OF The disturbance.
You have created Il disturbance on
the car and ln the railroad OEllce," His
Honor said, land will Hne you $40
aud costs" Now The Idea that for man
TO relnse 10 submit 10 gross violation
OF his legal rights is a crime that re-
quiresJudlcial punishment, Is new and
VIZ are compelled 10 doubt It's correct.
uess. Hollinger was guilty OF no vlo.
leuce In the car. The violence was used
against hun and the resistance he OF.
tered was no more than he was justified
In. II bis appeal for redress at the
ticket office Was such as to constitute a
breach of the peace. 1t was right to lue
him for that, and for that only; but In
Judging OF that, the wrong he had suf-
fered ought TO have been considered as
some mitigation OF the offence.
But the arrest and Glns are no essen-
tIAl part ofthIa case. The real question
(which the Register wholly evades), 10
asto the fact OF his expulsion from the
car and the reason of II. There
Ia no denial that he was lorcIbIy eject.
ed. There ID no denial that the reason,
and the only reason, assigned forlt was
that he was a negro, The Company's
role would not permit him, and the con-
ducIor enforced the rule. There is no
prstence that HollInGsr was guilty Of
any offence but that Of being black.
There 10 no question that under tue
constitution and the civil rights bill he
suffered a violation OF his undoubted
right and has remedy In the courts II
he chooses 10 seek 1t.
The Register tries 10 excuse the Com.
pany by saying while men have been
expelled from the cars. Very likely,
aud we are Informed there are fire..
quently cases where they ought to be ex
PEELED but arc not. Bat they were ex
PEELED for sufficient anu proper reason -
because they were drunk and disorderly
not because they were white. 10 such
cases the officers are justified and pro-
tecIed In the election OF passenger;
but q rule that admits one man and
excludes another, simply because one
Is white and the other black, won'.
stand In court, and can't be defended
out Of court.
The Company did an unnecessary
and uuwiAe thing In attempting 10
make this discrimination. lu many
cases. we are told, they have permitted
negroes to ride In their cars. Nobody
was shocked or offended; nobody com.
planned. II the public could stand It,
the directors Of the company ought tc
he able to stand it-especIAlly Us The
negroes paid their fare and no Other
fares were lost by reason Of thell
presence. The company makes I
mistake In RuppoAinR that thu