The New York herald., 1870-04-30
MARYLAND.
Important Decision Of tho United Stnfes Cir.
cult COurt-Duties Of Common Carriers--
Rights of Colored Passengers in Railway
Trains.

Important Decision Of tho United stntes Cir.
cult COurt-Duties Of Common Carriers--
Rights of Colored Passengers in Railway
Trains.
BALTIMORE, April %, 1879.
The case OF Alexander Thompson colored, OF New
York, against the Baltimore City Passenger Rail
way Company to recover damages laid ut
$500 for trespass and forcible ejectment from
the interior Of one or their cars 10 the
front platform, on the aoth Of October last
was commenced in the United States Circuit Court
Judge Giles, yesterday ana concluded to-day. Upon
the conclusion Of the argument for the defence Judge
Giles announced that 1t his custom, after hear
ing argument on the part of the defence, 10 require
no other argument II he was satisfied as to the
poi In question. He would therefore dispense win
any EFFORT on the part OF the plaintiffs counsel and
proceed 10 give his opinion upon the issue which
had been presented to him. After quoting authori-
ties the Judge continued
Certainly no one can be excluded from carriage by
common carr ef on acc cunt OF color, religious be-
neL polltlt a. re ations or preudi o.; but while re-
c0gnlZng the right OF the cOiOred man to be
carried on the same footing with the white
man, Is IL reasonable to assign q different
pace tn the ears to engers OF each colors If the
place assigned to the coored man Is in all respects
Us comfortable, sife ana convenient as the one as
signed 10 the white man, In what respect Is he In
jared or his rishs abridgedf The question is,
wheiher pubic carrier may not, In the exercise
the due performance OF his public duty.
separate passengers by any other rule then that OF
sex. The ladies' car l. known upon every well regu-
lated railroad, and its proprety Is doubtful Ii none
In TIE absence, therefore oi any legs alton prohibit
ing the carrier rom making any distinction between
passengers OF account If of color what Ii III re
to prevent him rom so arranging his cars as TO carry
his coored passengers III an apartment and his VIII
passengers IN anOhers Would it not conduce TO
tue comfort OF both and tend to secure order pre-.
serve the peace and maintain the rights OF both
riers aud passengersG Would snch d regulation
be as reasonable ana proper under all the Circum
stances a. the one III reference tO the separation
sexesy
The Judge said n the defendants had provided
cars Tor the carriage OF cO0red people, or assigned
place IN each car ior them, he would
have held such regulation reasonable and
proper. In the abs nee Of such provision
the company had not discharged its duty
as common carrier OF passengers. and
there was nothing IN the charter giving the
company the right to discriminate between passen-
gers VINO were orderly and behaved well aid pa.d
Their fare
the jury, by the consent Of the counsel, assessed
the damages at s10
Cars wiil be put upon all the routes on Monday
next l0r TIE accommodation Of the coOred people.
The Supreme Council OF the Thir y-thlrj degree of
Masons, Aibert Pike Supreme Grand Commander,
viii as enbie al Masonic Tempe in this city, on
M0nlay