The Breckenridge news. (Cloverport, Ky.) 1876-1955, 1893-11-08
Separate Coach Law.
The Suit to Test Its Constitution
aIity Begun in United States
Court.
w. H. ANDERSON, A C0L0RED
PREACHER FROM EVANS
VILE, SUES THE L. AND
FOR $3.50
He is Backed by the State Colored
Executive Committe and Rep
resented by Hon. John
Feland.
Will be Tried at greensboro in Jan.
uary.
Will be Tried at 0wensboro in jan
uary.
Gowensboro Meusenger.l

lCNNho1'i' N'AN"'Ns'bNs'J
The fight OF the colored people against
the separate coach law was begun here
yesterday in the form of suit against
the Louisville and Nashville Railroad
company for $4,000 damages, brought
by Rev. w IL Anderson, colored
pyeacher of Evansville. The suit was
fie5 IN the United States court yesterday
afternoon by Hon. John Feland, the at
torney employed by the association of
colored people formed recently at Frank
fort to test the constitutionality OF the
law. Several other suits have been filed
in other parts of the state on the same
question, but they are individual suits.
This is the only one authorized by the
committee, and upon this it is depended
to knock out the law which went into
effect on the first OF October.
As set out in the petition, Anderson,
acting under advice of Mr.. Feand, last
Monday, bought frst-cla's tickets for
himself and wife from Evansville, Ind,
TO jacksonville, Ky. They took seats in
the ladies' coach and the conductor ac
cepted their tickets for passage, but
when the train revched the Kentucky
state line at Henderson informed them
that they would have to go into the car
provided for colored people. Upon their
refusal to do so, the conductor forcibly
put them off the train. This forms the
bats 81 the suit and the plea will be
that the law requiring separate
coaches for white and colored passengers
is an interference with interstate COM
merce and contrary to the constitution
and laws OF the United States. To bring
all the points claimed before the court it
was necessary to have citizen of anoth-
err state bring the suit, hence Andersons
services were enlisted in the matter.
Mr.. Feland is so far the only attorney
engaged in the case, but it is probable
that when the case comes up for hear
ing before Judge Barr in January other
distinguished counsel will be employed.
If defeated in the lower court, Mr.. Fe-
land will carry the case to the supreme
court. The expense of the suit is being
borne by the executive committee of the
association.
Mr. Feland stated to the Messenger
last night that the case presented fea-
lures not covered by the decision OF the
supreme court on the Mississippi law.
That was an Ultra state commerce, and the
decision did not cover the rights OF the
citizen, but only ,f the legislature to re-
quire the railroads to provide separate
accommodations for white and colored
passengers within the state lie has
hopes OF finally defeating the law. No
other suit will be authorized by the as
sociation he represents until final
decision is reached in this case.
The petition in full is as follows:
: w. II. Anderson, plaintiff, against the Louis
willie and Nashville Railroad Co., defendant
Petition.
The plaintiff, w. II. Anderson, states
that he is a respectable, well-behaved and
law abiding citizen and resident of Indi-
ana, domicied in the city of Evansville,
in said state, and has been for several
years last past, and that the defendant,
l.. and N. r. r. Co., is a corporation,
created by, and existing under, the laws
OF the state of Kentucky, of which state
it is citizen and resident, and has been
for number OF years.
He further states that the defendant
owns and leases, controls and operates a
number Of lines OF railroad running in
and through the state OF Kentucky, and
thence into and through several other
states OF the United States, and among
others it so owns, operates and controls a
line OF railroad running from said city Of
Evansville, in Indiana, through the
state OF Kentucky to the city OF Nash
vile, in the state OF Tennessee; and in
passing through the state Of Kentucky,
said railroad passes through the cities OF
Henderson and jacksonville, and has
stations at each OF said places, and in
operating said railroad on said lines, said
company is engaged, and has been for
several years, in the business OF COM
mon carrier OF passengers and freight,
and holds itself out to the public as
such.
He further states that, on or about
the 30th OF day Of October, 1893, the
plaintiff and his wife, being then in the
city OF Evansville, aforesaid, and desir-
ing to go to jacksonville, in the state Of
Kentucky, he went with her to the de-
pot or station OF the defendant in Evans
Vile and purchased from the agent Of
the defendant in charge Of the ticket Of
fee at said depot two full frst-class
tickets to jacksonville, and paid him in
cash therefor the usual fare, viz the
sum Of S. for each OF said tickets
which tickets entitled him and his said
wife to be carried as hrst-class passen
gers, in coach or car provided and fur
,,;sbad for nassenpers holding such tick.