The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1905-08-01

The Avery Jim Crow law, sep
arating the races in the street cars OF
the state, is a dead letter. This wac
so decided Saturday by the Florida
Supreme Court, and yesterday the ne
groes of Pensacola again enjoyed that
luxury, which they have been denied
for several months. Of riding in any
portion Of street car that they might
desire.
The test case originated in Jackson
vile, where negro was arrested for
violating the provisions Of the new
law. The case was taken up on a writ
of habeas corpus, and Judge Call. OF
the Circuit Court, rendered a decision
Ito the effect that the law was uncon-
|stftutional, in that It denied to some OF
the same race privileges which were
enjoyed by others. The feature Of the
law on which Judge Call based his de-
cision is contained in Section 7, which
reads as follows:
Sec. Z. That the provisions Of this
act shall not apply to colored nurses
having the care Of white children or
sick persons
The grounds set forth IN the appii.
cation tor~the wrik OF habeas corpus.
when the case came before Judge Cail
were seven In numbe ut Judge CalI
only declared that ont VI them was
we'll taken and that was the one read
ing as follows:
Because section seven OF the act
not only gives to a certain portion or
colored people, tO-wit: colored nurses
having the care Of white children,
and colored nurses having the care OF
sick white people, rights AID immuni-
ties denied to the others colOred peo-
pie, contrary to the four eenth amend
ment of the constitution of the United
States Of America but also renders said
law special and not general, contrary
to Section 20 900, article three CD OF
the Constitution of the State OF Flor
ida"
The state then appealed the case to
the supreme court and the latter al
firmed Judge Calls decision
The News in Pensacola.
The news that the law had been de-
clared unconstitutional was received
in Pensacola Sunday ard spread with
great rapidity, especially among the
negroes, who were joyful that the
court had decided the case in their
favor. At once they began to patron
ize the street cars, and even went to
the extent of calling III a picnic to
be given on the line OF the L. & N.
in order to patronize tho street rail-
way. but for some reason but few at
tended the picnic, there having been
a misunderstanding about IL
Signs Taken Dowr.
Before taking the cars on Monday
morning the street car company re-
moved the signs which had been con
spicnously posted since the law went
into effect and which contained direc-
tons for the separation Of the races.
The negroes began Co ride early ana
il was noticeable that they almost in
variably occupied the front seats.
Mr.. Avery IntervIewed.
Hon. J. Campbell Avery was seen
yesterday in reference to the supreme
courts decision. Mr.. Avery Intro
dueed the "Jim Crow" bill IN tha
legislature and ne has naturally bean
keenly interested in the law. and IN
the tests which have been made OF IL
To Journal representative Mr.. Avery
said:
4 am very much surprised that the
supreme court Of our state has dfa-
posed Of a matter Of such great i'm
porance in what appears to me to Be-
an unusually short period Of time
Continued on Eighth PAGE.