The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-09
jim CROW CAR LAW UPHELD
THE INTERSTATE COMMISSION
DECLARES TT VALID.
IL Not Discriminatory where Eaual
Facilities Are Furnished-The sekreka-
ton Of white n COlOred Passengers
Has Been Upheld by supreme Court.

IL II Not discriminatory where Equal
Facilities Are Furnished-The se9reka-
ton Of white and Colored Passengers
Has Been Upheld by supreme Court.
WASHINGTON. July S.-The Interstate
Commerce Commission has decided that
the Jim Crow car law il not discriminatory
where equal facilities are furnished to both
races. In passing upon the constitution
atty Of the laws enacted by Southern States
requiring railroads to furnish separate
coaches for the races the commission
holds that I broad question of the right
under the Thirteenth and Fourteenth amend
ments of the Constitution TO segregate
white and oolored passep gers has been
upheld by the Supreme Court of the United
States"
The decision in the Jim Crow car case
was written by Commissioner Franklin X.
Lane Of California, and there was not a
dissenting opinion among the entire mem
bel ship of the commission. This fact in
itself is significant. for when the railway
rate bill was before Congress one Of the
most persistent arguments offered in OBJ
position to the measure by its opponents
in the South related to the possibility Of
the people Of that section being deprived
of the right to compel negroes to ride in
=.
separate coaches.
A few months ago a Washington negro
brought suit for damages against a local
railroad for being compelled to ride in a
Jim Crow car entering the State Of Maryland.
The contention was advanced that the
accommodations in the car provided for the
negroes did not furnish the facilities in the
cars placed at the disposal Of the whites.
A verdict for one cent was given to the
negro and that ended the litigation. Since
that time the Afro-American League and
other negro organizations have urged that
a fight be made in the courts to upset the
Jim Crow car law
The most recent outcry against the law
providing separate coaches for the races
was that of Senator Foraker in his speech
at Wilberforoe. Ohio. when he urged the ne
groes TO resist the enforcement of this law.
The case before the Interstate Commerce
Commission that resulted in the decision
unfolding the Jim Crow car law was brought
by Georgia Edwards, a negro woman,
against the Asheville. Chattanooga and st.
Louis Railway. The negro woman attacked
the provisions Of the rate bill Immediately
after its passage by Congress. and it was
generally understood that she was acting
for many prominent negroes in the South
and North.
Her first 10 was to purchase a ticket
emitting her TO first class passage from
Chattanooga. Tenn. TO Dalton. Ga. She
entered the car assigned to the use Of white
passengers and was promptly removed
therefrom to the car assigned TO the negroes.
Through her attorney she filed a complaint
alleging discrimination in the facilities
furnished TO her as against those provided
for white passengers.
The commission heard arguments on
the case. and while affirming the validity OF
the law found the complaint az to inferior
accommodations well founded and ordered
the railroad to provide equal facilities for
colored passengers.
Commissioner Lane in his opinion holds
that the broad question Of the right under
the Thirteenth and Fourteenth amendments
of the Constitution to segregate white n
,olored passengers has been upheld by the
Supreme Court Of the United States The
opinion then continues:
Accepting. these decisions as conclusive
upon the constitutionality Of such laws. We
turn to the consideration OF the reasonable
ness 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 Council
vs.. Western and Atlantic Railroad Company.
which was decided December 3. 1887. Mr..
Commissioner Morrison. speaking for the
unanimous commission, therein said: Public
sentiment wherever the colored population
Ia large sanctions and requires this separa-
ton of races. and this was recognized by
counsel representing both complainant and
defendant at the hearing. We cannot there
fore say that there Is any undue preJu-
dice or unjust preference In recognizing
and acting upon this general sentiment.
provided it 10 done on fair and equal terms.
This separation may be carried out on rail-
road trains without disadvantage to either
race and with increased comfort to both
Aras. lo nAarA uS GAa.ula DanwAaA Cn1n-
pany. decided February Is. 1883 Il I. G. c..
s2s). Mr.. Commissions Schoonmsker held
for the commission that the separation OF
white and colored passengers paying the
sam fare Is not unlawful II cars and ac-
commodations equal IN all respects are fur
nished to both and the same care and pro-
lection Of passen ers Is observed.
While. therefore. the r~easonableness Of
such regulation az to Interstate psssen ger
traf1c Ia established. It by no means follows
that carriers may discriminate between
white and colored passengers In the accom-
modatiors which they furnish to each. II
o railroad provides certain facilities and
accommodations for first class passengers
Of the white race 10 Is commanded by the law
that like accommodations shall be provided
for colored passen gers OF the same class.
The principal that must govern In that car
riers must serve equally well all passen gers.
whether white or colored. paying the same
fare. Failure to do this is dissemination
and SUBJECTS the passenger to undue and
unreasonable prejudice and disadvantage
In this case It Is manifest from the facts
"A stated that defendant has unduly and
unjustly Disseminated in some particulars
against colored passengers. and It will be
ordered therefore that where the defendant
carrier provides a washbowl and towels In
coaches devoted to tho use OF white passen gers
sEd IL separate smoking compartment for
a0n Il 49, ,,tuaH anNApnpon-
dations shall be provided for colored pas
sen gers paying nrst class fare.
Movements OF Naval Vessels.
WASHINGTON, July s.-The cruiser Des
Noines has arrived at Boston, the gunboat