The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-11-28

MAY Be RACE ISSUE
Jim Grow Car Laws viii AT
ford One Phase.
BORDER STATES BEGIN
Every Train Would Require
a Separate Car.
CSew York Evening Post service)

two great parties will reach a more clean
cut phase in the railroad world than
elsewhere and the point at which the lines
will intersect will be the Jim Crow car
in Maryland, which is a border state, and
therefore good fighting ground, the Demo
Gratis are discussing legislation requiring
separate accommodations for negroes and
whites on the same trains, such as are
found on southern railroads generally. II
the Maryland legislature should ensct
such a law, an attempt would be made
10 enforce it. on the the Pennsylvania
and Baltimore and Ohio railroads in their
traffic between the New England and
Middle Atlantic states and the District of
Columbia. If the Jim Crow faction should
prevail. every through train from Boston.
New oYrk, or Philadelphia to this city
would be. compelled. on reaching the
Maryland boundary. il not before, TO take
on an extra car, divided into compart-
nents for white and co7ored passengers
respectively, or an exclusive negro car.
What is more, the law would be as
strictly enforced against whites riding in
the negro compartments or cars as against
resroes riding in the parts OF the train
exclusively set apart for Caucasian use
Every conductor would be held response
ble for violation of the law AS it takes
q residence of several years in the SOUTH
and constant contact with the negroes
and mixed-bloods, to enable the most in
leiligent person il other walks of life to
distinguish between certain cratic mix
lures and the pure Caucasion race, every
conductor would have to be what Presi-
dent Roosevelt denominated Conductor z.
E Clark of The Anthracite Arbitration
Commissioner enninent-sociologis What
IS true CT the north-and-south lines of
both he railroads mentioned would be
applicable as well to the Baltimore and
Ohio traffic between northern cities and
the west, since all these trains in both
directions, stop at Washington, and
reach this point by crossing the state Of
Maryland.
The question comes up at once. in
touching on such a matter, how far n
state legislature, in enacting Jim Crow
law to be administered on all railroads
in its state would be trespassing on
ground reserved by the Constitution OF
congress. In these days of combination,
the railroads combining their traffic wholly
within the boundaries of a single state
are comparatively few, and the instant
one runs it's tracks across a state line il
passes into the pale or 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 oYrk /
and New England people viii recall the /
controversy which arose some years ago 4
over the question whether the state OF /
New York had right to enforce its law I
against the use of coal stoves in pas I
senger cars against the New York, New |
Haven and Hartford Railroad Company
for the little run the cars of that corpora 4
ton made through New York ard West I
chester counties between the Grand Cen +
trial depot and the Connecticut border. I
The company insisted that it was engaged 4
I'm Interstate commerce, and that until /
stoves it could use them TO its 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 4
IS plain from a large number of decisions. /
the courts are disposed to guard scrupu- 4
lousy. In line with the decision Of the /
New York, New Haven. and Hartford I
Company's case, one is recalled respect
ing the right Of an interstate railroad TO
run Sunday freight trains through 4
southern state where the law forbade the
practice. The court of last resort held
that sue ha prohibition was within the
states police powers, and that the inter
state railroad must obey the local law
IS soon as it touched the territory where
that law was in force.
All travellers on through trains across
the west have doubtless encountered, or
observed the operation Of this principle in
one way or another. The service or
wines liquors. or beer in the dining car
is vigorously suspended while passing
through certain states like Kansas at
any time. and through states-like Ohio on
Sundays. though just before entering the
state the service OF sEcn beverages may
be without hindrance. 10 be resumed
with equal freedom the moment the car
passes over the first tie in the next juris-
diction. But the first question to be set
tied IN every new case presented to the
courts is whether the matter in controver-
- is one which fails within the category
ztand that such a subject as the use of
stoves and oil lamps might very properly
be subject 20 state legislation, and II in
wolves the public safety. sunday freight
traffic. and the service of alcoholic drinks,
would come within the field Of public
morals Doubtless any reasonable con-
ditions a state might attach 10 carrying
from certain classes OF disease
through its territory would be effective
as involving a question OF public health.
But under which OF these heads wcdid
the Jim Crow car come?
If it could be shown. for instance, that
al negroes were diseased. and that the
railroads were simply segregating them
ard the whit sufferers from the same
disorders. 1t would not be difficult 10 fore
cast the law I'm the case. but to draw the
line on the question Of race alone IS an
other matter. While doubtless quite prac-
ticable within one states borders. such
4 distinction does not seem likely 10 OBJ
tain the sanction Of the highest Judicial
suthoritr # an attempt is made 10 force
St upon Interstate traffic also. especially
81 Il comes into conflict with an act OF
Such an act Representative AIorrel Of
Pennsylvania is trying 10 put upon the
federal statute book. His bin forbi1s dis
crimination by common carriers on ac-
count Of race or color. making II an Of
ferse punishable by $500 fine for carriers
to provide separate cars for either white
or coiored passengers. There is a long
line of decisions on questions arising with
IN 6ehafafle1 ground where Tho -,.or,rfs