The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1889-10-17
SEPARATE CARS FOR WHITES AND
BLACKS.

| SEPARATE CARS FOR WHITES AND
BLACKS.
The interstate commerce commits
sion decided some time ago that rail
road companies had no right to dis
criminate between classes on ac-
count OF color or sex by giving one
better accommodations than the
other tor the same money, but that
they might separate white from col
ored people, or set apart special cars
for ladies, provided equal accommo-
dations we're given all who had first
class tickets. The first OF the slim
crow" cases to come before the COM
mission was that of William H.
Councill against the Western and
Atlantic railroad. Council lived in
Alabama at the tine, and, being
minister of the African Methodist
church, was principal of the Colored
Normal and Industrial school of
Alabama. He had occasion to visit
several of the neighboring states,
and besides while coming from Chat
tanooga to Atlanta, over the West
ern and Atlantic road, he was eject
ed from the car set aside for white
people. He made complaint to the
commission, and in its argument the
railroad company, while admitting
that it had no right to discriminate
between passengers who held first
class tickets, contended that it could
separate the whites from the blacks,
and could prevent men of either
color, unaccompanied 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 companies to to make such
reasonable regulations las would Sc
cure order and promote the comfort
OF passengers, and IN It's report the the
following occurred: "In the exercise
OF this right, and the performance of
this duty, carriers have established
rules providing separate cars for la
dies, and for gentlemen accompanied
by ladies, and their right to make
such rules as to sexes is nowhere
questioned. A man, white or COL
ored, excluded from the ladies' car
by such rule could hardly claim
successfully, under the act to regu-
late commerce, that he had been
subjected to unjust discrimination
and unreasonable prejudice or dis
advantage" The commission refer
red to the fact that in Pennsylvania
where separate seats for whites and
are provided, a colored woman re-
fused to occupy the seat to which she
was assigned, and, being put off the
train, took the matter into the
courts, and the supreme court of
Pennsylvania declared the separa-
ton Of white and colored people to
be "a subject of sound regulation to
secure order, promote comfort, pre-
serve peace, and maintain the rights
of both carrier and passengers" 1t
also cited a case IN Illinois, where
the supreme court decided that
public carrier had no right to dis
criminate between passengers on
account Of color ''until they do
furnish separate seats equal in COM
fort and safety to those furnished 70
other travellers" the obvious mean
ing of this the commission said, be-
ing that to furnish separate seats,
equal in comfort and safety, was not
unjust discrimination. The COM
mission also said; "These interpre-
tations of the laws are in conformi-
ty with the decision of Justice
Woods, late of the United States
supreme court, denying to the chill
dren of colored parents in Louisiana,
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 not necessarily imply
identity of right