The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-09
FRIGHT TO SEPARATE
RACES ON TRAINS.
Commission Holds That White
and Colorcd Cars Should Be.
Provided.
But GIVE EQUAL SERVICE
Georgia Edwards Case Fails to
Open Way for Mixing Of
Passengers.
BUT GIVE EQUAL SERVICE
Passengers.
[speclal to INC Times-plspatch.l

Il
WASHINGTON, D.. G., July S,-Thc
Interstate Commerce Commission to-
day rendered Its decision In the case
OF Georgia Edwards VS.. Nashville.
Chattanooga and st. Louis Railway
Company. which involves the right Of
interstate carriers to discriminate be-
tween negroes and whites in the ia
ciliticE Furnished to both races.
immediately after the taking effect
OF the Hepburn act the complainant
n colored woman. purchased ticket
emitting eler 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 COL
ored people. She fled complaint, all
leging discrimination In the facilities
furnished TO her az against those pro-.
vided for white passengers.
The opinion OF the commission Is
rendered By Commissioners Franklin *,
Lane. who holds that where railroad
provides certain accommodations for
frst-ciass passengers or the white race
it is commanded by the law that like
accommodating shall BE provided Tor
colored passengers of the same class.
The following statement OF facts pre-
cedcs the conclusion OF the opinion:
A Statement of Fncts.
THE train in question was defen-.
dants Eo a3. which leaves Chat,a-
nooga at 6:3G a. NJ and arrives In Dali
ton at 7:3s a. NJ. The distance from
Chattanooga to Dalton is thirty-eight
miles. This train started from Nash
villc 81 miles northwesterly OF Chat
tanooga. and before it left Nashville
all the cars In the train were thor
oughly cleaned inside They were
again cleaned to some extent at Chat
tanooga Both at Nashville and at
Chattanooga the cleaning process ap-
piled 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 Ike manner, and with
exactly the same quality of goods.
One OF them Is used by white passen-
gers, and is provided with towels and
washbowls. while the other Is without
such convenience The latter Is con-
structed as follows: A partition placed
In the middle of the car divides It
into two compartments. 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 compartments. while the other
is occupied by other passengers who
wish to smoke
coach there Is q compartment for
smokers. which will seat seven per-
SONG. but defendant does not provide
any separate smoking compartment for
negroes. 1t Is also true that while
only one toilet Is provided In the negro
compartment, 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 princi-
pal reason for providing two toilets
in one case and only one in the other
is that the number of passengers car
ricd in the negro compartment Is very
much less than the number contempt
raneously transported in the other car
Defendant assigns to the use OF negro
passengers about one sixth of the apace
in Its passenger trains occupied by al
passengers, while the number Of re-
Eroes transported by defendant Is only
about one-ffteenth of the total
Equipment About the Same.
when there are no women in the
colored compartment, smoking there
is allowed, but not otherwise. It some
times happens that car provided o!
defendant for the use Of white passen
gers has no wash basin and only ONT
toilet and no smoking compartment
H- ana that sINOk(HS diioNCu ~
cars IL there are no women present.
"On the whole. defendants Nashville
Atlanta passenger trains are amonf
the best in the country, SO Ear as equip
n,cnt is concerned. The cars are man
ufactured by the Pullman Company
end provided with westibules. The cos
Of the car allotted to negroes was u
tho neighborhood of $500, while tina
Is pf the other passenger coach in de
PENDANTS No 90 train was about SIS.
500 The expense of the small smoking
compartment in the latter accounts
fer nearly all the difference IN cos
between the two cars"
Commissioner Lane holds that TIL
broad question of the right unde
the thirteenth and fourteenth amend
ments of the Constitution to segregat
white and colored passengers has bee1
upheld by the Supreme Court Of tn
United States. The opinion then con
tirues:
Separation Law Right.
accepting these decisions as conclu
sive upon the constitutionality of sue
laws. we turn to the consideration o
The reasonabcness OF such Il rule whe
Imposed by the carrier, and this w
Ind to have been passed upon by thi
commission within a few months o
its organization in the case Of Coun
ri;l VS.. Western and Atlantic Railroa