Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-07-21

salt Against the Lon'svhie ana
Nashville Railroad.


II is reported that Hiram ReYels, the
dusky Mississippi Senator, will bring suit
against the City Street Railroad Company
Of Louisville, for ejectment from the cars
few days since. II appears that suit of
similar character, under the operation of
the civil rights bill, is to be instituted here
against the Louisville and Nashville Rail
road Upon the allegations contained in
the following affidavit, we learn that George
Carter, the afiiant, and his wife Elizabeth,
(colored), intend to institute suit In the
Federal Court against the Louisville and
Nashville Railroad, assessing damages at
$50, 900. Though the maltreatment alleg
ed to have been received by the wife of
complainant at the hands of the railroad
officers was set forth in the affidavit for
different purposes, the main allegations
are contained in the document upon
which the contemplated suit viii be based,
the ejeotment of the party, being as claim
ed, under the provisions of the civil rights
bill, the plea for damages. This affidavit
is sworn out by complainant as against the
parties personally concerned in the eject
ment for maltreatment of the party elected,
and for the purpose of arraigning them be-
! fore the United States Court for a different
prosecution.
Yet it contains the allegations upon
which the suit for heavy damages, as we
are informed, against the road viii be
brought. While the allegations of the
| document require the arraignment of the
parties before the Commissioner of the
| United States Court, for assault and crimi-
nal maltreatment of passenger upon a
public highway, they contain the material
| points upon which the contemplated suit
for damages will be based. The subjoined
is the affidavit referred TO:
United States of America, Middle Dis
trict of Tennessee, SS.-AAiant makes
| oath that Major - Compton, a conduct
or on the Louisville and Nashville Railroad,
| first name unknown John Gardaday,
John McMurry and Henry Avery, on July
| 6, 1870, at Nashville, were guilty of sub
| jecting Elizabeth Carter, q citizen of the
State of Ohio, to the deprivation of rights
secured and protected by the act of Con-
| gress passed April 8, 1866, commonly
termed the Civil Rights bill, and of caus-
ing her to be deprived of said rights-this
under color of the custom of the country
prevailing in the State of Tennessee, and
4 of certain regulations of the Louisville
and Nashville Railroad Company-this on
account of her race and color solely, as
follows:
/ George Carter, husband of said Eliza
beth, had on said day purchased first
class passage ticket for the transportation
| of said wife from Nashville to Cincinnati,
paying the full price therefor, the first
portion Of which passage was on said rail
road from Nashville to Louisville, KY, and
said Elizabeth had with said ticket taken
her seat in the only first-class car except
the sleeping-car (which is controlled by
the sleeping-car proprietors, and entered
by special arrangement with them, attach
ed to said train, and her baggage had been
checked andput into the baggage-car, when
said persons forcibly and violently eject.
ed said Elizabeth from said first-class car
on account of her race and color, and for
| no other reason, claiming to act thus under
| the regulations of said Company, and said
Compton struck said wife twice while so
| ejecting her, and said Avery also struck her
while in said car. ALI Of such treatment
being as aforesaid, solely on account of her
race and color, said Elizabeth being mu-
latto woman of very light yellow color.
GEORGE CARTER.
Sworn to and subscribed before me,
July 10, 1870. WIZ. GRAY,
| q. S. Commissioner Middle District of
| Tennessee.
Upon the basis of the foregoing allega-
tons We learned yesterday that Garter and
wife will institute suit before the October
term of the Federal Court against the
| Louisville road, laying their damages at
| $780, 200. We were also informed that the
services of able legal counsel had been pro-
cured to prosecute the case. AS to the
| charges of assault, etc., made against the
conductors, we know nothing concerning
| them further than the statements in the
| affidavit. We know some of them person
ally, and know particularly that Major
| Compton has been conductor on the road
nearly ever since it was built, and that he
is universally esteemed as a courteous gen.
tleman, q thoroughgoing man and every
way a model conductor The affidavit Is
not published for the charges made against
the gentlemen, bat as containing the allie
cations of the contemplated suit and
which, if instituted, will, we believe, be
the first ever entered in the courts at this
/ rlana r1n5ar fba aivil riChtc hill