The Washington herald., 1908-06-22
Anent Jim Crow" Law.
litor The Washington HoraId

Editor The Washington Herald:
The verdict rendered by the Jury IN the
Supreme Court OF the District Of Column
bia, holding a circuit court, on June (.
1906, in favor Of the defendant in the case
Of Agnes Carver against the Great Falls
and Old Dominion Railroad Company, for
the violation Of the so-called "jlm crow
law in Virginia. has attracted the atten-
ton OF many Of the colored residents OF
the District
Without entering into a discussion Of
the merits or demerlts OF the plaintlrs
cause Of action, or the defendants ground
Of defense in this particular case. It is
apparent, after a careful review OF the
authorities. that there Is a remedy that
may be invoked 10 prevent the law off,
GERS Of the States. IN their effort TO en-
force discriminating statutes. from inter
fering with interstate passengers.
The clause. which is termed the com
merce clause in the Constitution, Article I.
section S. clause 3, conferred upon the
Congress the exclusive right 10 regulate
all branches Of commerce between or
among the several States. although II has
been held by the Supreme Court Of the
United States that the power Of the
State 10 regulate interstate commerce was
concurrent. but subordinate. to the United
States" But this contention has been
overruled by n line of later decisions.
The Supreme Court has held that in the
matter of interstate commerce the United
States are but one country, and are and
must be subject to one system Of regu-
latlon, and not TO multitude Of systems:
and that nothing which Is a direct burden
upon interstate commerce can be inn
posed by the States without the assent Of
Congress. even under the guise of a police
regulation"
The following constitutional provisions
unQuestionably preclude the States from
enforcing these discriminatory statutes
against citizens Of the United States who
are travelling as interstate passengers:
Article VI, clause ., OF the Constitution
declares that this Constitution and the
laws Of the United States which shall
be made in pursuance thereof. and all
treaties made under the authority of the
United States. shall be the supreme law
Of the land; and the Judges In every state
shall be bound thereby. anything In the
constitution or laws OF any State 70 the
contrary Notwithstanding A further re-
striction upon the States interfering with
interstate commerce is the tenth article
Of the amendments TO the Constitution,
which is as follows: THE powers not
delegated TO the United States by the
Constitution, nor prohibited by it TO the
States. are reserved TO the States.
respectively, or TO the people" In
pursuance OF the power delegated to
the Congress by the States to regulate
commerce between or nmong the States,
Congress passed the interstate commerce
act, February 4. 1884, which contains
among its manifold purposes provisions
for prohibiting unjust Determinations and
unreasonable preferences to persons.
After a review OF many Of the decisions
handed down by the Supreme Court and
the inferior Federal courts, there Is hardly
any doubt that the power Of the Congress
70 regulate interstate commerce is excIu-
sive. and that the power OF the States
70 pass additional legislation Is not con-
current with or subordinate TO the power
OF the Congress-
The question now presents itself: Has
right been infringed upon? II so, what
is the remedy and what is the relief
sought? The instrumentalities by and
through which rights are determined.
remedies are applied. and reliefs are