The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-09-10
THE COLOR LINE DRAWN.
But THUNDERBOLTERS ENJOINED
FROM MAKING 1T TOO DISTINCT.

Passed an Ordinance Providing for
the Enforcement of the state Law
Providing for Separate Cars or
Compartments for the AccOmmO-
dation of White and COIOred Pass
enGers-Street Railway People No
tilted That 1t Would Be Enforced
by the Arrest of the COmpany's
MotOrman and COnductOrs-Gran
of an Injunction Rather stops the
Fun.
BY an injunction and temporary restrain
ing order, granted last night by Judge
Fall.gant, the Mayor and aldermen Of the
town of Warsaw are prohibited from in
terfering with the running. management
or control Of the property of cars of the
Savannah, Thunderbolt and Isle Of Hope
Railway, until the further order of the
court
The restraining order, when served upon
the officers of the town, doubtless came
as a surprise as everything had been
arranged for the carrying out to-day of
q programme that had been determined
upon at the last meeting of Council,
Wednesday night. a resolution had been
introduced and carried, making 1t incum-
bent upon the railway to carry out the
provisions of the state law, as Interpreted
by the town authorities. providing for the
separation of the races and the provision
of separate cars. or compartments in the
same cars, for white and colored persons.
Il Is contended by the authorities OF the
town that the patrons of the resort, who
are accustomed often or occasionally to
visit Thunderbo.t on Sunday have been
subjected to insufferable annoyance by the
throngs of drunken and sometimes disrep-
utable negroes who crowd on the cars and
make them uninhabitable by those whose
olfactories are at al highly developed. On
occasion, such as the times when negro
picnics and other like functions are held
at Thunderbolt, 1t is said to be equally
unfortunate to be provided with a good
sense of hearing as the remarks of the
negroes who attend these gatherings are
UNIT for publication or the ears of the
reasonably polite. So ii was that the rath
of the authorities was aroused. and they
became determined to enforce the provis-
ions OF the state law, as they underst God
these provisions. 1t may be said that their
Interpretation does not az all coincide with
that held by the attorneys for the road.
The Thunderbolt people demanded the
enforcement of the ordinance. At the last
meeting of Council the ordinance became
an established reality and on the succeed
ing afternoon General Manager II. NJ.
Lotion was notified of what the
Thunderbolters intended doing This
was nothing else than the ar
rest of the conductors and notorrnen of
the cars Of the company that entered, on
and after Sunday, Sept. 10, the corporate
limits OF the town Of Warsaw. Mr.. Lotion
has been iii and was al his residence
when the paper was served upon him The
news did not get down town until yester-
day and viii not reach the people until
to-day The town authorities were not do
ing any talking.
The petition for an injunction and
for the grant of a temporary restrain
ing order was drawn up and presented to
Judge FaNlgant. The petition recites that
the railway company operates it's lines
within The limits of the city and on subur-
ban lines outside. A mile of its tracks is 4
within the corporate limits of the town of
warsaw, being part Of the line that runs
from Savannah 10 Isle OF Hope
The company asserts that the defend
ants, the Mayor and aldermen OF the town
of Warsaw, have given notice that on and
after sept 10 they propose TO compel the
company 10 provide separate accommoda-
tons for white and colOred patrons, either
by the use OF separate cars or separate
compartments in the same car, and that
unless the company complied with these
requirements its agents and employees
would be arrested and placed in the town
lookup on charges of having committed
a misdemeanor
II is urged that the Mayor and alder
men have waited until Sunday TO begin
the operation of their plan, on which day.
says the petition, travel is heavier than
on any other. II Is inssnuated that that
has been done with the intention directly
TO annoy the company and require il TO
obey the ordinance when it is least capa-
bic Of so doing. Should the ordinance be
enforced the company viii not be able to
carry out its contracts of passage with
Its patrons and viii not have enough cars
with which to give good service
II is contended that the ordinance by
which the state law is interpreted and
provisions for its enforcement is Illegal
oppressive and void and without warrant
or authority of law. II is contended fur
Their that Council had no right to pass such
an ordinance and no lawful power TO COM
pei the compliance with its provisions by
the railway company. 1t Is asserted that
q compliance Is impossible, especially on
Sunday, on the part of the company, and
that its alternative enforcement by the
arrest of the company's motormen and
conductors. will be attended with irrepar-
able loss and damage. Nothing complains
the petition. can avert the threatened dis
aster other than the grant of a temporary
restraining order.
The petition for injunction was present.
ed TO Judge Falligant and an order was
passed directing that the Mayor and al
dermen of the town refrain from any
and all attempts 10 enforce the ordinance
they had passed, by themselves, their
agents, servants or employees, and that
they should not in any manner interfere
with the management or control of the
cars of the company or with its agents
motormen or conductors, until the further
order of the court. The restraining order
IS wide reaching In Its scope, meaning ana
intent. The defendants are required to
show cause on Oct. % why the injunc-
ton should not be made permanent.
An effort was made last night, after
the grant of the order, to see the par
ties principally interested on both sides
of the question, but neither Mr. Lotion
general manager of the road, nor Mayor
Nelson of Warsaw could be found at
their Offices or residences. Mr.. d. c.
Barrow of counsel for the company said
20 a Morning News reporter that he was
AT a loss 70 understand the action of the