Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-09
JIM CROW CAR LEGAL
SO Held by Interstate Com
merce Commission
THROUGH FRANKLIN K. LANE
Accommodations for Both Races Must
Be Equal.
SEGREGATION RIGHT UPHELD
"No Disadvantage to Either Race"
Says Mr.. Lane, "And Com
fort to Both"

Where railroads provide a washbowl and
towels in coaches devoted to the use of
white passengers and a separate smoking
compartment for such passengers, the in
terstate commerce commission has decided
that similar accommodations shall be pro-
vided for colored passengers paying first
class fare.
This declaration is made by the commits
sion in it's decision announced yesterday
in the case Of Georgia Edwards against
the Nashville, Chattanooga and St. Louis
Railway Company, which involves the
right of interstate carriers to discriminate
between negroes and whites in the facili-
ties furnished to both races
Immediately after the Hepburn act went
into effect the complainant, colored
woman, purchased a ticket emitting her to
first-class passage from Chattanooga, Tenn,
to Dalton, Ga. She entered the car
signed to the use Of white passengers and
was removed therefrom to the car assigned
alleging Discrimination in thew facilities
furnished to her against those provided
for white passengers.
The opinion of the commission is rem
dered by Commissioner Franklin K. Lane,
who holds that where railroad provides
certain accommodations for first class pas
sengers of the white race 1t is commanded
by the law that like accommodations shall
be provided for colored passengers of the
same CLASS Inc following statement
Of facts precedes the conclusion of the
opinion:
Half Car for Colored Folk.
1.-THE train in question was defendants
No. SO, which leaves Chattanooga at 6:36
a. m. and arrives in Dalton at 1888 a. M
The distance from Chattanooga to Dalton Is
SS miles. This train started from Nashville
ISL miles northwesterly of Chattanooga, and
before it left Nashville all the cars in the
train We're thoroughly cleaned inside They
were again cleaned to some extent at Chat
tanooga. Both at Nashville and at Chat
tanooga the cleaning process applied equal
ly to both the passenger coaches in the
train. These two cars are Of the same
quality, having seats of the same size, up
holStered in like manner and with ex-
actly the same quality of goods. One OF
them is used by white passengers and is
provided with towels and washbowls while
the other is without such conveniences
The latter is constructed follows: A
partition placed in the middle of the car
divides 1t into two compartments, and en-
trance from one to the other is through
a swinging door which, after being opened,
required to occupy one Of these compart-
ments, while the other is occupied by other
passengers who wish to smoke.
Smoker for Whites Only.
I'm one end of the other passenger coach
there is a compartment for smokers which
will seat seven persons, but defendant does
not provide any separate smoking compart-
ment for negroes. 1t Is also true that
while only one toilet is provided in the
negro compartment, the car which is en-
tirely used by other passengers has two
Defendant assigns to the use of negro pas
sengers about one-sixth of the space in
Its passenger trains occupied by all pas
sengers, while the number of negroes trans
ported by defendant is only about one
fifteenth of the total
When there are no women in the COL
ored compartment, smoking there Is al
lowed, but not otherwise. 1t sometimes
happens that a car provided by defendant
for the use of white passengers has
wash basin and only one toilet and no
smoking compartment and that smoking Is
allowed in such cars II there are no wo-
men present.
ION the whole defendants Nashvile-At-
lanta passenger trains are among the best
In the country. 80 far equipment Is con-
cerned. The cars are manufactured by the
Pullman company and provided with vesti-
bules. The cost of the allotted to
groes was in the neighborhood of So 100
while that Of the other passenger coach in
defendants No. 90 train was about $780,
The expense Of the small smoking compart-
ment in the latter accounts for nearly all
cars"
Right to Segregate Upheld.
Commissioner Lane holds that the broad
question Of the right under the thirteenth
and fourteenth amendments Of the Consti
tuition to segregate white and colored pas
sengers 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
few months of it's organization in the case
OF Council vs. Western and Atlantic Rail-
road Company which was decided Decem-
Der g. 1887. Mr.. Commissioner Morrison
speaking for the unanimous commission,
therein said: Public sentiment, wherever
the colored 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 cannot, therefore, say that
there is any undue prejudice or unjust pref
erence in recognizing and acting upon this
general sentiment provided 1t Is done
fair and equal terms This separation may
be carried out on railroad trains without
disadvantage to either race and with In,
creased comfort to both
Again in Heard VS.. Georgia Railroad
Company, decided February 10, 1883, !
l. c. c.. 42s. Mr.. Commissioner Schoon-
maker held for the commission that the
separation of white and colored passengers
paying the same fare is not unlawful, II
cars and accommodations equal in all re-
spects are furnished to both and the same
care and protection or passengers Is o.
served
Must Treat All Alike.
while, therefore, the reasonabieness OF
such regulation as to interstate passenger
traffic is established, 1t by no means fol-
lows that carriers may discriminate be-
tween white and colored passengers in the
accommodations which they furnish to each.
If a railroad provides certain facilities and
accommodations for frst-class passengers
of the white race 1t is commanded by the
law that like accommodations shall be pro-
vided for colored passengers of the same
class The principle that must govern Is
that carriers must serve equally well all
passengers, whether white or colored, pay
ing the same fare. Failure to do this Is
discrimination and subjects the passenger
to undue and unreasonable prejudice and
disadvantage.
I'm this case 1t is manifest from the