The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-05-23
ge aalieta Daily EAGLE Saturday orrre zau g. 1896

separate coaches for white and colored
passengers on the railroads in thai
state. The supposed necessity for such
a law exists only in the south. The
railroads are required TO supply colored
passengers with Accommodations sub
stantially equal TO those with which the
whites are furnished. and in this there
is even discrimination. The matter
of separate coaches has been agitated
for several years in the southern states.
| Now that the supreme court has de-
clared the Louisiana statute constitu-
tional, 1t Is probable that the legisla-
| ture of other southern states viii enact
similar laws
| We cannot say that We are surprised
to find this court upholding the consti-
| nationality of the Louisiana law re-
curing the railroads Of the state TO
provide separate cars for white and
colored passengers. That such a law
is not in contravention of the federal
| constitution we cannot believe. nor do
we believe that the preponderance OF
! legal opinion throughout the United
States will indorse such a view. The
fourteenth amendment contains the fol
lowing declaration:
No state shall make or enforce any
law which shall abridge the privileges
or immunities of citizens of the United
States; nor shall any state deprive any
person OF life, liberty or property with
out due process of law. nor deny 10
any person within its Jurisdiction the
equal protection of the laws.
This section has from the time of its
adoption been supposed to cover the
question at issue before the court, and
TO adequately protect the oolored people
in their equal rights in every state.
To insure protection against discrim-
mating legislation due TO local or Sec
tional conditions Sec. of Art. " de-
clares:
The citizens of each state shall be
entitled to all privileges and immuni-
ties of citizens in the several states.
This new decision must be accepted
as the law of the land, despite the pop
ular Interpretation of the language
quoted, and the evident intent of the
men who framed the fourteenth
amendment and the legislatures which
Endorsed it. For this reason, it repre-
sents dangerous precedent, and an
unfortunate return TO the racial dis
tinctiOn in state legislation to the aboli-
ton of which the most enlightened
craftsmanship of a generation has bent
its unremitting energies.
The New York Mail and Express |
says that there is another phase of the |
question. The court is not dealing |
with the expenditure Of public money, |
raised by taxation. 1t is unjustly in |
vading the rights of corporation I'M |
der contract with the state as COM |
mon carrier. The contract of the rail- |
way is fulfilled when IL provides a suf-
hcient number Of cars to transport the |
travelling public. To compel dis |
tinction other than that Of price based
on the character Of accommodation Is an
outrageous attack upon capital invest
ed ia good faith and with confidence
in the integrity Of the commonwealth
Justice Harlan, TO whom oil honor Is
due for his solitary dissenting opinion,
properly characterizes the Louisiana
law as a measure exceeding any legiu-
mate power in the land to regulate the
enjoyment of civil rights upon the basis
American spirit and the true intent of
the constitution when he says that IL
would be equally just 10 compel sep
arate cars for Catholic and Professionals,
Or for descendants Of those Of the leu
tonic race and those Of the Latin race.
W herein does the court find any war
rant for distinction between this prop
1sition and that which IL has upheldf
has no place in cOnstitu-
5ional issues, yet we are forced 10 be-
ievs that expediency has decided the
Louisiana question, at the cost Of right
md reason.
The decision Is O. serious blow 10 ad-
In the south and a setback
o the Obliteration OF racial prejudice.
The supreme court should command
,ur reverence and respect at all times,
lut such decisions as this necessarily /,
'emind US that it was this same court
which rendered the bred Scott deci-
ion, to the lasting humiliation OF the
lation-