The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1883-11-06

In view Of the decision Of the Supreme
Court declaring unconstitutional the Civil
Rights Act Of 1875 much has been said
about the position which colored people
will occupy as travellers. a colored speaker
recently said that his race could deal with
the theatre problem and the hotel problem,
but the problem OF transportation was the
hard one, and in his opinion colored peo-
pie were left a. the mercy OF the trans
portation companies. This Is the burden
OF most OF the complaints, II it be true that
railroad company can deny to cOlored
persons the accommodations Of Its road this
is hardship which no common carrier
oughtto be allowed to put upon any person.
The Railroad Gazette, very clear.headed
publication which will not be accused OF
hostility to railroad interests, warns mana
gers that they will do well not to act hastily
on the idea that Judge Bradley's decision
gives the companies entire freedom, for in
truth the Civil Rights Law Of 1876 is only
one Of the legal supports on which col
ored person might found an action. for
damages for excluding him from full ac-
commodations in travelling. Following out
this thought the Railroad Castle mentions
five points bearing upon the general ques-
ton: /. The commercial power oil Con-
gress. 2. The right to visit Washington. 8.
State laws. 4. Special charters. 3. Public
duty Of carriers.
Under the commercial power oil Congress
it is believed that the authority to legislate
over through travel, that is to say travel
from one State to another, is not denied by
the decision. II this be the true view, a rail-
road company carrying from West Virginia
TO Ohio Or Maryland can not refuse col
ored person accommodation on through
train II he is willing TO pay for it. The
riIhtto visit Washington was insisted upon
during the war, when an effort was made
in Baltimore cut of communication
with the National Capital. II this be q
right essential to the maintenance OF the
government 1t is right which cannot be
denied to any citizen, OF whatever blood.
With regard to State laws to prevent dis
elimination, they have been passed in
other States since the power OF Congress is
held not to apply to transportation which
begins and ends within a State. The
fourth point refers to those railroads which
have received special charters under which
they are bound 10 carry all applicants upon
an equality. There are not many roads so
chartered. by no means the least import
ant Of all is the public duty Of carriers, on
which the Railroad Gazette remarks:
As raiIroad men we'll understand, they are
not al liberty TO pick and choose" paSSer-
gers, but are bound 10 carry those who apply,
II williug u pay fare and obey rules, with
some limited exceptions OF pergons diseased,
insane, intoxicated, etc. Daring recent
years, while the law Of 1875 has been sup
posed to secure the equality OF colored pas
sengers, littls has been decided IS 70 what
would be their rights II unAided by Statute
and left TO the general doctrine OF the COM
panies' duty TO carry impartially. But the
current OF opinion Is decided and strong that
they may demand TO be carried, and 10 be
carried in equal comfort with whites, peyirg
the same ihtt; while the right OF the COM
panies 10 separate the races la different cars,
provided the accommodations are equally
good cannot be said 10 he settled. Two decis.
ions Ia California in lSGS when the prejudice
against color was strong enough In Gan Fran
CISCO TO induce the street car company TO
run separate cais for negroes indicate
that regulation requiring them to
law n Iata tr0tn naV uv0FlI ha
supported by the courtt; but they Lave right
10 travel as early In the day as any one.
Three decisions in Maryland indicate that
refusal OF Ia railroad company TO carry O
colored person GU account OF color is ground
OF action for substantial damages In the state
courts, independent Of any civil rights law
OF Congress. A decision in Georgia and one
In Ohio say that separate cabins in steam
boat and separate cars Oh g train are permit
slble, II equally good but In the Ohio case
the Jury awarded the dusky plaintiff 81 900
damagts for the trainmsn's refusal to admit
her to the ladies car when there was no other
but the smoking car open to her. Illinois
and Iowa decisions indicate that II q car Is
set apart for ladies and gentlemen accom-
panying ladies, ''colored ladies' cannot be
sent 10 The ordinary cars. Thus, upon the
wholeth the managers have good deal to COZ
slider when called to decide upon the arrange
ments for cclored passengers.
1t may be that in some localities and for
season colored persons will have to run
the gauntlet Of prejudice, but time will
bring that straight, as it has set right the
more grievous matter Of slavery. Public
opinion is on the side Of fair play; the col
ored man is doing good deal for himself;
and between the two, railroad and steam.
boat companies will have TO yield equal &C.
commodations for equal money.