The free lance. (Fredericksburg, Va.) 1885-1926, 1901-06-27
jim CROW Law CONSTRUED.
Mr.. st. @. X. Fitzhugh Gives Ills oplhioh
OF its Bearings on the Weems Line
OF steamers.

The following copy OF a letter Whfcn
we have procured from Mr.. Williams VIII
he of interest throughout Underwater
Virginia:
fredericksburg. June 18th, 1901.
Henry Williams. Esq, President Weems
Steamboat Company, Baltimore Md.
boar Sir Your favor of the l4th re-
ouesting my opinion touching the Dear
inc of the Virginia statute known as the
Lin Crow" law upon the steamboats,
~ vour company navigating Virginia
waters is received. In reply have to
state:
First. That the Virginia statute 10y It's
terms applies only to steamooais car
rying passengers and plying III tue
waters within the jurisdiction OF tue
Commonwealth of Virginia.
Ii is not intended to apply to steam
boat enrolled and licensed under the laws
of the United States for the coastlng
trade. and plying for the transportation
of freight and passengers between Balti-
more in the State of Maryland, and Fred
ericksburp in the state OF Virginia,
touching nj the intermediate landings in
both States as occasion requires.
I'm nroper construction OF the statute
would make il embrace the above men
TONED line of steamers engaged Ill ihIer-
state commerce the statute would beu
constitutional because III VOCATION oi
the exclusive right vested III congress 10
regulate commerce between the states.
Is the Supreme Court OF the lnited
STATES is the final urbiter OF this question
we must look to its decisiOnf guidance.
The Court speaking by Chlei us-
tice Waite says oisimilar legislation we
think il may safely be said That state
legislation which looks 10 impose Ill
rect burden upon interstate commerce or
10 interfere directly with itsireedom does
encroach upon the exclusive power Oh
Congress. The statute now under con
sideration. in our opinion. occupies that
position. IL does not act upon the DUST
ness through local instruments To De EN-
ployed after coming within the state,
but directly upon the business AZ II
comes into the State from without OrgOes
ont from within. Whileit purports only
To control the carrier when engaged
within the State. il must, necessarily
influence his conduct to some extent III
the management of his business through
ant his entire voyage. His disposition OF
messengers taken up and put down with
i'm the State, or taken up within 10 De
Carried without. cannot but AFFECT, IN
greater or less degree, those taken up
without and brought within, and some
times those taken up and put down with
out. . II each State was AT liberty 10
regulate the conduct OF carriers whlie
within it's Jurisdiction the coniuslon llkely
IN follow could not but he productive oil
oreat inconvenience and unnecessary
5ardships. Each State could provided Tor
its own passengers and regulate the
transnortation of its own freight re-
Vardless of the interests OF the Others
J Nav more. it could prescribe rules by
which the carrier must be governed with
in the State in repect 10 passengers ana
nroperty brought from without.
Secondly. The Virginia statute does
annly TO the Weems Line Of steamboats,
niying between Norfolk, Virginia and
fredericksburg. Va, since they are ply
inc, in the waters within the jurisdiction
of the Commonwealth OF Virginia ana
its provisions do not conflict with the
Federal Constitution.
It's language and intention are both
very plain.
If does not call for, or contemplate any
change in demonstration Ofsteamboats,
or any modification in their internal ar
rangement. This is made plain by
comparison OF the language OF this act
with the similar act in relation TO the
separation OF the races in railway cars,
/ and bv the further fact that this act IL
addressed not To the owners OF steam
boats. who alone could make or author
ize anv alterations in the boats, but 10
the captain or other officer temporarily
in control of the boat who has no such
authority and could derive none from the
legislature.
The act in relation TO railways re-
quires the separation Of the races ny
separate coaches, or by good and sub
stantial partitions in coaches. The act
in relation to steamboats, only requires
the officers in charge of the boat 10 as
sign white and cOlored passengers on
/ said boats to the respective location they
are To occupy az passengers while on said
/ boats:" and TO separate them - III the
sitting. sleeping and eating apartments
provided however, that no discrimiDa-
ton shall be made in the quality and
/ convenience of accommodation afforded
passengers in said locations.
The act does not contemplate the use
of either partitions or screens in order 10
comply with its requirement OF separa-
ton. but only such reasonable rules az
will prevent physical contact between
the races. and will locate them as FAR
apart as is practicable under the present
| nfthp hOafg
The courts will sustain any reasonable
and permanent rules your company may
in good faith make tOenable you 10 COM
ply with the statute.
While every applicant to whom there
il no objection has right to passage on
your steamboats,, the right to be carried
is one thing, and the privilege OF a pas
senger on boat az to what part oil the
boat NAV be occupied by him is another,
and very different thing. Az to the
latter. it is subject to such reasonable
regulations as the company may pre-
scribe for the due accommodation OF pas
sengers and the promotion OF the busi-
ness OF the company and in locating tne
passengers in apartments and at thelr
meals it is not only the right OF the mas
ter of the boat, but his duty to exercise
such reasonable discretion and control
as will promote as far as practicable the
comfort and convenience OF his whole
company.
Each passenger is not entitled to To-
cation identical with that ofevery other
passenger-that is impracticable, but
each is entitled to equal provision for his
comfort and convenience 80 far az the
room and means at the disposal OF the
carrier enables him to supply it, and no
further.
Yours very truly,
ST.. GEORGE T. FlTZHUGH.