The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-11-26
The jim CROW CARS
Maryland's Stand in Their Favor
May Create a National
Election Issue.

Pennsylvania Member May Intro
duce a Bill in Congress Pro-
hibiting Their Use.
From the Journal Bureau, Colorado Building,
Washington.
Washington, Nov. 26.-All signs now
indicate that the race issue between
the two great parties will reach
more clean-cut phase in the railroad
world than elsewhere, and the point at
which nth the lines will intersect will be
the Jim Grow" car. In Maryland,
which is a border state and therefore
good fighting ground, the democrats
are discussing legislation requiring
separate accommodations for negroes
and whites on the same trains, such
as are found on southern railroads
generally. If the Maryland legislature
should enact such a law, an attempt
will be made to enforce it, of course,
on the Pennsylvania and Baltimore &
Ohio railroads in their traffic between
the New England and middle Atlantic
states and the District Of Columbia.
IT the Jim Crow faction should pre-
vail, every thru train from Boston,
New York or Philadelphia to this city
would be compelled, on reaching the
Maryland boundary, if not before, to
| take on an extra car divided into COM
partments for white and colored pas
sengers respectively, or an exclusive
negro car.
| What is more, the law would be as
strictly enforced against whites rid
ing in the negro compartment or cars,
as against negroes riding in the parts
of the train set apart exclusively for
Caucasian use. Every conductor would
be held responsible for violations of
the law. AS it takes residence of sew
| eral years In the south and constant
| contact with negroes and mixed-bloods
to enable the most intelligent person
in any walk of life to distinguish
between certain cratic mixtures and
the pure Caucasian race, every con-
ductor would have to be what Presi-
| dent Roosevelt denominated Conductor
E. p. Clark of the anthracite arbitra-
ton commission-an eminent sociolo-
| gist.
The question comes up at once, in
touching on such matter, how far
| state legislature, in enacting a Jim
Grow law to be administered on all
railroads in the state, would be tres
passing on ground reserved by the
constitution for congress. In these
days Of combination, the railroads con-
filming their traffic wholly within the
boundaries of single state are COM
| paratively few, and the instant one
run it's tracks across a state line it
| passes into the pale Of strictly federal
regulation. A good deal of Litigation,
first and last, has turned upon the
nice point, where state jurisdiction
ends and national jurisdiction begins.
New York and New England people
will recall the controversy which arose
some years ago over the question
whether the state of New York had a
right to enforce its law against the
use of coal stoves in passenger cars
against the New York, New Haven &
Hartford Railroad company for the
little run the cars of that corporation
made thru New York and Westchester
counties between the Grand Central
depot and the Connecticut border. The
company insisted that it was engaged
in interstate commerce, and that until
congress enacted a, law against coal
stoves, it could use them to it's hearts
content. The courts held, however,
that the state law was applicable to
that, part of the company's road which
lay inside of the state Of New York,
as the matter involved was clearly
Within the police powers of the state.
These powers it is plain from a large
number Of decisions, the courts are
disposed to guard scrupulously. In
line with the decision Of the New
York, New Haven & Hartford COM
pany,s case, one is recalled respecting
the right of an interstate railroad to
run Sunday freight trains thru a
southern state where the law forbade
this practice. The court of last re-
sort held that such a prohibition was
within the states police powers, and
, that the interstate railroad must obey
, the local law as soon as it touched the
) territory where that law was in force.
How 1t Works.
All travellers on thru trains across
the west have doubtless encountered,
or observed, the operation Of this
principle In one way or another. The
serving of wines, liquors or beer in
the dining car is vigorously suspended
while passing thru certain states, like
North Dakota. at any time, and thru
states like Ohio on Sundays, tho just
) before entering the state the serving
8 of such beverages may be had with
; out hindrance, to be resumed with
) equal freedom the, moment the car
passes over the first tie in the next
: jurisdiction. But the first question to
be settled in every new case presented
to the courts is whether the matter
2 in controversy is one which falls with
: in the category of police powers. It
I, is easy to understand that such a
l subject as the use Of coal stoves or
oil lamps might very properly be sub
ject to state regulation as it involves
! the public safety. Sunday freight
traffic and the service of alcoholic
drinks would come within the field of
public morals. Doubtless any reason
able conditions state might attach
to carrying sufferers from certain
class of disease thru its territory would
]. be effective as involving a question
of public health. But under which of
these heads would the Jim Grow car
come?
If it could be shown, for instance
!, that all negroes were diseased, and
q that the railroads were simply segre-
= eating them and the white sufferers
from the same disorders, it would not
i be difficult to forecast the law in the
e case; but to draw the line on the ques-
ton of race alone is another matter
i While doubtless quite practicable
n within one states borders, such dis.
e tinction does not seem likely to OBJ.
n tain the sanction Of the highest jul.
: dicia1 authority, If an attempt is made
n to force it upon interstate traffic also
i especially if it comes into contact with
an act of congress.
Bill to Meet Move.
:. Such an act Representative Morrel
> of Pennsylvania is trying to put upor
the statute books. His bill forbid
/ discrimination by common carriers
Is on account of race or color, makinf
IN - ~