The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-12-31

Insert after the word reasonable" in
section /, line l3, the following: And
any person or persons having purchased
a ticket to be conveyed from one State
to another, or paid the required fare,
shall receive the same treatment and be
afforded equal facilities and accommo-
datiOns as are furnished all other persons
holding tickets of the same class without
discrimination.
Mr.. REAGAN in reply said, he "did not
doubt the power of Congress to do what
the amendment proposed, but that the
subject of transportation of persons had
not been considered by the Committee"
The amendment was accepted-ycas,
! 135, nays 90. Mr.. CRISP, of Georgia,
moved to amend by inserting after the
word discrimination as follows;
Nothing in this act contained shall be
so construed as to prevent any railroad
company from providing separate ac-
commodations for white and colored
persons.
For this amendment Mr. BREcKIN-
RIDGE, Of Arkansas, offered substitute
as follows;
But nothing in this act shall be con
strued to.deny to railroads the right to
| classify passengers as they may deem
best FOR the public comfort and safety,
or to relate u5 transportation between
points wholly within the limits of one
State.
The amendment and substitute were
debated at some length. Our immediate
representative, Mr.. BARKsDA spoke as
follows:
Mr.. Barksdale Mr. Speaker, the gen
tlemen from South Carolina can speak
for that State in reference to alleged
determinations there. | will speak for
the State OF Mississippi, and will assert
that there is no discrimination in regard
to the transportation of persons under
her laws or in the regulations of the
railroad companies. Therefore the
amendment can have no practical bear
ing on any practice in vogue in that
State.
But, sir, | wish to say that l voted
against it because | regarded it as irrele-
want and foreign to the objects of the
pending bill, and because it purported
to correct abuses which do not exist.
The amendment relates to the trans
portation of persons. The pending bill
relates exclusively to the transportation
of property. In other words, the bill is
designed to provide remedies against acts
of oppression and injustice in the trans
portation of freight.
But, sir, will not be deferred from
voting for measure of great public inn
| portance on account of the irrelevancy
of the amendment which has Teen in
trodu~ed on the motion of the Represen-
| tatiye from North Carolina. 1t provides
that persons purchasing tickets shall re-
ceive the same accommodations, be fur
nished with the same facilities, and
| afforded the same accommodations that
are granted to all other persons. But
submit that the provision does not pre-
vent railroad companies from providing
separate accommodations for persons,
provided they are equally comfortable,
and, for that matter, equally ornamental
and if the amendment Is designed to
convey different meaning, it will be
declared unconstitutionalby the Supreme
! Court of the United States, whenever
the issue is made, in pursuance of its
opinion pronounced through Justice
Bradley at the October term, 1888, in the
cases founded on what is known as the
civil-rights acts, passed March l, 1875.
The amendment is irrelevant, and mere
brutem ftl,nen; and | shall still support
the bill even if it is retained.
Mr.. BREcKINRIDGE's substitute was
adopted-yeas 1877, nays 1877. Then Mr..
Corr, Republican, of West Virginia,
was ready with another amendment as
follows:
Add to the substitute the following
| provided, That no discrimination is
made on account of race or color"
This amendment was adopted, and, as
an extinguisher to that irebrand, Mr..
BARKsDALE moved the following
amendment and demanded the previous
question, to stop debate;
Amend by adding after the word
"color" in the amendment last adopted
the following:
"And that furnishing separate accom-
modations, with equal facilities and
equal comforts, at the same charges, shall
not be considered discrimination"
On this amendment the following pro-
ceedings were had:
The Speaker The question is not
6ebatable. The gentleman from Missis-
sippi demands the previous question.
Mr.. Keifer. l ask that this amend
ment be read in connection with the
amendments already adopted on the
same subject, SO that we may under
stand how the whole provision will
read.
The Speaker. If there be no objection,
the Clerk will read the preceding part
of the section as it stands, together with
the amendment just offered.
The Clerk read as follows:
And any person or persons having
purchased a ticket to be conveyed from
one State to another, or paid the re-
quired fare, shall receive the same treat
ment and be afforded equal facilities
and accommodations as are furnished all
other persons holding tickets of the same
class without discrimination. But moth
ing IN THIS 4cI snail De construed TO
deny to railroads the right TO provide
separate accommodations for passengers
as they may deem best for the public
comfort or safety, or to relate to trans
portation relating to points wholly with
in the limits of one State: Provided,
that no discrimination is made on ac-
count of race or color; and that furnish
ing separate accommodations, scifh equal
facilities and equal comforts, at the same
charges, shall not be considered disTimi-
nation.
The section as thus amended and in
this form was adopted--yeas 132, nays
124. All the Southern Democrats, and
most Of the Democrats from the North
voting in the affirmative. On this ques-
ton Mr.. CHALMERS voted yea, and Mr..
Jeffords voted nay.
Thus the matter stood when Congress
adjourned for the holidays. A week Of
the valuable time Of the House was con-