The Colorado statesman., 1912-03-30
RACES MAY Be SEPARATED
IN SLEEPING CARS BY LAW

white and colored passengers from
riding together In the same cars, but
permitting white and colored passen-
gers to sleep together in the same
cars. This has always struck me as
anomalous"
SO wrote Judge James X. Hines,
special attorney for the Georgia rail-
road commission, in an opinion re-
Gently rendered that body upon a
complaint by John ID. Walker, the
well-known banker of Spata.
1t is not unlikely that Mr. walkers
complaint and the commissions in
vestigation of 1t may lead to some
more legislation or attempted legisla-
tion this summer upon the lin crow"
line.
When Mr. Walker got on a train in
Atlanta few nights ago, bound for
New York, he found difficulty in get
ting berth. All he could get was an
upper, while there were three negroes
who got on the train in Atlanta who
were supplied with lowers Also
there were some other white passen-
gers who were unable to get lower
berths.
Mr.. Walker was indignant, as were
the other white passengers who failed
to get berths. He did not wait to
write; he telegraphed the railroad
commission about it. He wanted to
know If some action could not be
taken to stop such social equality
privileges and Objectionable prac-
tees"
Members of the railroad commission
puzzled over the matter and began to
hunt up the law. They knew it was
unlawful in Georgia for the railroads
to transport white and negro passen-
gers in the same day coaches. But
how about sleeping cars? Surely, il
the two races were not allowed to sit
up together in railroad coach, 1t
could not be lawful for them to sleep
in the same car? Finally. the mat
ter was turned over to Judge Hines,
with the request for an opinion.
Did the commission have any au-
thority in the matter? Could It deal
with Mr.. Walkers case? Judge Hines
was asked to find out. He did.
I'm my opinion" wrote Judge Hines
to the commission in reply, the COM
| mission has no power and authority to
remedy this situation. Mr.. Walker will
have to appeal to the legislature and
congress.
"The legislature of Georgia has
passed a law requiring the railroads
doing business in this state to furnish
| equal Accommodations, in separate
cars or compartments of cars, for
white and colored passengers; but this
law expressly provides that it shall
not apply to sleeping cars"
Here Judge Hines makes the above
| quoted comment upon a law which
| permits under cover of darkness, as
it We're, what is prohibited by day
light, and continued:
by another statute sleeping car
companies and railroad companies op-
Grating sleeping cars in this state
have the right to assign all passen.
gers to seats and berths. and can sep
arate the white and colored races in
making said assignments, and the con.
| ductor and other employees on the
train, to which said sleeping cars may
be attached, shall not permit white
and colored passengers to occupy the
same compartment. This statute fur
ther provides that nothing therein con-
tanned shall be construed to compel
sleeping car companies to carry col
ored persons in sleeping or parlor
| cars. Conductors have police power
to enforce the provisions of this act.
| (Civil code sections 2724, 2725.)
"As the statutes of this state ex-
pressly declare thar the races cannot
| be segregated in sleeping cars, but
they can only be assigned to separate
berths or compartments, | do not
| think that the commission has the
| power and authority to make rule
or regulation separating the races in
sleeping cars.
1T is competent for the legislature
of this state to pass law requiring
the separation, of the two races in
| public conveyances in intrastate jour
neys; and such law is not unconsti-
tutional.
The legislature would hardly have
authority to pass statute regulating
this subject in reference to interstate
journeys.
The segregation of white and col
ored passengers on interstate jour
neys is a reasonable regulation of in
terstate traffic, and carriers can make
and enforce such regulations under
the act to regulate commerce.
The railroads of the south, If they
see fit, could put into effect and force
this regulation without legislation;
and the commission might call their
attention to the complaint filed by Mr..
Walker"
Judge Hines opinion will prove an
interesting one; 1t contains informa-
ton not generally known. The I'M
preston has been gained probably
from the law requiring separate day
coaches for whites and negroes, that