The Montgomery advertiser., 1907-07-09
THE SAME COMFORTS
RULING or JIM CROW CAR
 CASE.
Commission Holds That While Race Separation is Legal Like Service Shall Be Given to Whites
 and Negroes.


 
 Washington, July S.-(Special )-The Interstate Commerce Commission to- day rendered its decision in the case of Georgia Edwards vs. Nashville, Chat tanooga and St. Louis Railway Com pany, which involves the right of in- terstate carriers to discriminate be- tween negroes and whites in the facil- ities furnished to both races. Immediately after the taking effect of the Hepburn act the complainant, a negro woman, purchased ticket en- titling her to first-class passage from Chattanooga, Tenn. to Dalton. Ga. She entered the car assigned to the use of white passengers and was removed therefrom to the car assigned to nc- groes. She filed complaint, alleging discrimination in the facilities fur nished to her as against those provided for white passengers.
 The opinion of the commission is rendered by Commissioner Franklin K. Lane, who holds that where a railroad provides certain accommodations for drst-class passengers of the white race 1t Is commanded by the law that like accommodations shall be provided for negro passengers of the same class The following statement of facts pre- cedes the conclusion of the opinion: r.. ''The train in question was defend- ants No. 93, which leaves Chattanooga at 6:36 a. m. and arrives in Dalton at 7:3s q. m. The distance from Chatta- nooga to Dalton is thirty-eight miles. This train started from Nashville, 151 miles northwesterly of Chattanooga, and before it left Nashville all the cars in the train were thoroughly cleaned inside. They were again cleaned to some extent at Chattanooga. Both at Nashville and at Chattanooga the cleaning process applied equally to both the passenger coaches in the train. These two cars are of the same quality, having seats of the same size, upholstered in a like manner and with exactly the same quality of goods. One of them Is used by white passengers and Is provided with towels and wash bowls, while the other is without such conveniences. The latter is construct ed as follows: A partition placed in the middle of the car divides it into two compar tsnents. and entrance from one to the other Is through a swinging door which, after being opened, closes automatically. Negro passengers are required to occupy one of these com partments, while the other Is occupied by other passengers who wish to smoke. s .t
 Tn one end of the other passenger coach there Is compartment for smokers which will seat seven persons, but defendant does not provide any separate smoking compartment for ne- groes. It is also true that while only one toilet is provided in the negro com pertinent, the car. which is entirely used by other passengers has two marked in such way as to indicate that one is to be used by men and the other by women; but such restriction is only partially enforced. The prin- cipal reason for providing two toilets in one case and only one in the other is that the number of passengers car ried in the negro compartment Is very much less than the number contempo- raneously transported in the other car Defendant assigns to the use of negro passengers about one sixth of the space in It's passenger trsins occupied by all passengers, while the number of ne- groes transported by defendant Is only about one-fifteenth of the total.
 When there are no women in the negro compartment, smoking there is allowed, but not otherwise. It some- times happens that a car provided by defendant for the use of white passen- gers has no wash basin and only one toilet and no smoking compartment, and that smoking Is allowed in such cars if there are no women present.
 "On the whole defendants Nashville Atlanta passenger trains are among the best in the country, so far as equip ment Is concerned. The cars are man. ufactured by the Pullman Company and provided with vestibules. The cost of the car allotted to negroes was in the neighborhood of $8,100, while that of the other passenger coach in defend ants No. 93 train was about $8,S00. The expense of the small smoking com pertinent in the latter accounts for nearly all the difference in cost be- tween the two cars"
 Commissioner Lane holds that the broad question of the right under the thirteenth and fourteenth amendments of the Constitution to segregate white and negro passengers has been upheld by the Supreme Court of the United States. The opinion then continues:
 Accepting these decisions as conclu> sive upon the constitutionality of such laws, we turn to the consideration of the reasonableness of such a rule when imposed by the carrier; and this we find to have been passed upon by this Commission within a few months of It's organization in the case of Councill vs Western and Atlantic Railroad Com pany, which was decided December B. 1887. Mir. Commissioner Morrison, speaking for the unanimous Commis- sion, therein said: Public sentiment wherever the negro population is large, sanctions and requires this separation of races. and this was recognized by counsel representing both complainant and defendant at the hearing. We can not therefore. say that there is any undue prejudice or unjust preference in recognizing and acting upon this gen. eral sentiment provided 1t is done on fair and equal terms. This separation may be carried out on railroad trains without disadvantage to either race and with increased comfort to both
 Again in Heard vs Georgia Railroad Company. decided February IS, 1888. 1 I. C. C., 42S, MT. Commissioner Schoonmaker held for the Commission. that the separation of white and negro passengers paying the same fare is not unlawful, if cars and accommodations equal in all respects are furnished to both and the same care and protection of passengers is observed.
 While. therefore. the reasonableness of such regulation as to interstate pas senger traffic Is established, 1t by no means follows that carriers may dls- crimnate between white and negro