The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-08-09
THE AMOUNT NOT NAMED
FAILED TO PROVIDE SEPARATE
ACCOMMODATIONS.
ASSAULT BY THE cosDuC IoR is CHARGED
Messrs Nadai and Patterson Say that They
We're Promised Separate Accommodations
b. an mi Of the Company Nh.n
They Bought heir Tickets.

- - a. < 5
The Jim Crow Car Law is to be tested
in the courts. Or, to be more exact, its
application to certain trains is to be
passed upon.
Recently before the Corporation Com
mission, Col Andrews private secretary
stated that he understood damage suit
was to be brought against the Seaboard
Air Line for failure to properly carry
out the law.
Such suit has never been brought,
but, on the other hand, two suits have
since been brought against the Southern
Railway for failure to provide separate
accommodations for travellers, as pro
yided by chapter 34S, Laws of 1899.
Several weeks ago Mr.. E. +. Nadal, of
Wilson, and Mr.. Patterson of Smithfield,
got on the Southern's night train here.
This train is known as the Chattanooga
limited, and is called an Interstate train,
and ON this supposition was exempted by
the Corporation Commission from opera
tion of the Jim Grow Car Law. 1t is
ia fact, however. only a local train, stop
ping at all stations on the road at which
tickets are sold and this, the complain
ants say, puts it under operation of the
law.
Messrs. Nadal and Patterson claim
that they inquired particularly of the
agent here before buying ticket and
were told that there We're separate ac-
commodations for white and colored pas
sengers; that on this assurance they
bought second class tickets.
On the train they found that there
were no separate accommodations, so
they left the second class car and went
into TIE first-class car. When the con.
ductor came they gave him their sec
olld-class tickets and refused to either 60
into the second-class ear or pay first
class fare. They assigned as a reason
for this that they had been assured by
an agent of the company that they would
not have to ride with negroes; that there
were negroes in the second-cass car.
AT Garner, four miles south of here,
the negroes either got off the train or
were put into another car and again the
conductor insisted on the young men
paying the difference between first and
second-class fare or going into the sec
ond-class car. Again they refused where
upon the conductor took them by the
collar to compel them to go.
On this showing damages are asked
on two counts:
j. That the railroad failed to supply
separate and equal accommodations for
the races, as required by law so to do.
g That they were assaulted on one of
the railroads trains by a railroad en-
ploye.
1t will be argued that the Corporation
Commissions exemption of this train is
void, being in violation of law. The law
provides that the following trains shall
be exempt and no others:
/. Relief trains in case of accidents.
2. Pullman or sleeping cars.
3. Through express trains that do not
stop at all stations and are not used
ordinarily in travelling from station TO
station.
i his particular train, the compliments
aver, does stop at all stations and is
used in travelling from station to sta
ton, hence it cannot be exempted from
operations of the law.
Nada1 is represented by w. "A. Finch.
of Wilson, and Patterson by Joseph p.
Pippin, of Smithfield. Both plaintiffs have
employed also Simmons, Pou and Ward
Inc southern mas recently changed the
partitions in its cars so that only six seats
are given negroes in the first class ear.
This is causing no end of kicking fropl
the colored people, and there are many
threats Of suits for damage.
Yesterday three Raleigh negroes got on
here with first-class tickets and couldn't
get seat in the irst-class compartment
They went away in the second-class car
mad as hornets.