The Birmingham age-herald., 1909-06-30
RAILROAD CASE
 LOST BY NEGROES
Interstate Commerce CommiS-
 sion Renders Decision
ACCOMM VIOLATIONS EQUAL
Five Negro Bishops Bring Complaint Before Commission, Claiming Several Southern Railroads
 Are Discriminating.

Washington, June 29.-(Special. 1.-The in- terstate commerce commission today dis missed the celebrated case of Wesley J. Gaines ct al. vs. the Seaboard Air Line railroad, ct al, holding that undue preju- dice or discrimination has not been shown by southern railroads against negro pas sengers.
 The case was brought by five bishops of the African Methodist Episco pal church and alleged that the character and condition of the passenger coaches furnished for negro passengers are not equal to the accommodations furnished for the writes; that descendants of the Afri- can race are denied sleeping car accommo- dations either by the refusal to sell tickets or denying theri holders the use of berths; and also that negroes are denied the use of dining cars solely on account of their color. The case involved the Seaboard Air Line, the Southern and the Central of Georgia. After taking evidence the in- terstate commerce commission found that not only are the day coach accommoda- tions offered negroes equal to those furn- ished whites, but in most cases actually the same equipment is used today for col ored and tomorrow for white passenger, and considering the relative proportions of white and negro passengers more space Is provided for the negro than the white.
 The complaint narrows down." says the commission, ito the charge of undue dis crimination and prejudice against colored passengers in the matter of sleeping and frrt.- clear that eolored passengers do get the same eating service the only discrimina- ton being made in the hour of service or the place of service"
 Colored passengers, it is explained, are served on the third or last call, or if he does not care to wait that long he can be served at his seat in the coach The evidence Is convincing" says the commits sion, that none of the defendants has any rule or regulation either as to sleep ing or eating accommodations that dis criminate unduly agat>st the black man and in favor of the white.
 Throughout the section of the country embraced In this complaint the laws of the several states provide for the separa- tion of the white and black passengers In the trains These laws, so far as they provide merely for the separation of the races. have been upheld by the courts as
 
 the comfort, peace and happiness of the black people as well as of the white, and when equal accommodations are furnished the two races, are not open to just criti- cism from anyone. Nor are these laws and customs fairly open to comparison with the laws of states or countries where there is no race question because of the inconsiderable number of the black race
 The colored traveller is not welcomed by the average ticket seller of the aver age Pullman conductor when he applies for sleeping accommodations This condi- tion is due to many things, the chief among them may be stated As: First, the exceeding infrequency of the demand; sec ond, the fear of breaking state laws in acceding thereto; third, the natural, if legally inexcusable, confusion of the lay mind with respect to state and federal laws and the rights, obligations and penalties attaching thereto; and frequent ly, fourth, the manner of the making of the demand"