The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-10-09


Separate Cars for Whites and Blacks.
The Interstate commerce commission de-
cided some time ago that railroad companies
had no right TO discriminate between classes
on account of color or sex by giving one
better accommodations than the other for
the same money, but that they might sepa-
rate white from colored people, or set apart
special cars for ladies, provided equal
accommodations were given all who had
first-class tickets The first of the "Jim-
crow" ses to come before the commits
sion was that Of William H. Councill
against the Western and Atlantic railroad.
Council lived in Alaba IA at the time, and.
besides being a minister of the African
Methodist church, was principal of the
Colored Norm al and Industrial School of
Alabama. He had occasion to visit several
of the neighboring states, and while coming
from Chattanooga to Atlanta, over the
Western and Atlantic road, he was elected
from the car set aside for white people. He
made complaint to the commission, and in
its argument the railroad compaa ny, while
admitting that it had no right to discrimin-
ate between passengers who held first-class
tickets, contended that it could separate the
whites from the blacks, and could prevent
men of either color, uuaccompanied by
women, from occupying seats in the cars
provided for white women.
The commission decided that it was both
the right and the duty of railroad CON-
panies to ma Ike such reasonable regulations
as would secure order and promote the
comfort of passengers, and in its report the
following occurred: "In the exercise Of
this right. and the performance of this duty,
carriers have established rules providing
separate cars for ladies, and for gentlemen
accompanied by ladies, and their right to
make such rules as to sexes is nowhere
questioned. A man, white or colored,
excluded from the ladies' car by such a
rule could hardly claim successfully, under
the act to regulate com nerce, that
he had been suoj scted to unjust dis
elimination and unreasonable pref
udice or Disadvantage The commission
referred to the fact that in Pennsylvania,
where separate seats for whites and blacks
are provi led, colored woman refused to
occupy the seat to which she was assigned,
oOAhS PuO Oll bu0 bTdlu, bOOh Tue
matter into the courts, and the supreme
court of Pennsylvania declared the sepa-
ration of white and colored people to be "a
subject Of sound regulation to secure order.
promote comfort, preserve pc ace, and maiu-
tain the rights of both carriers and pas
sengers." 1t also cited a case in Illinois,
where the supreme court decided that
public carriers had no right to discriminate
between passengers on account of
color "untl they do furnish
separate seats equal in comfort
and safety to those furnished to other
travellers" the obvious meaning Of this, the
commission said, being that to furnish sep
arats seats, equal in comfort and safety,
was not unjust discrimination. The COM
mission also said: "Thess Interpretations
of the laws are in conformity with the
decision of Justice Woods, late Of the
United States supreme court, denying to
the children Of coiored parents in Louis
lana, under the laws Of that state, the right
to attend the same public schools as those
IN which the white children are educated
In this case Justice Woods said, Equality
of rights does no5 necessarily imply identity
Of rights"