The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1912-12-10
SAME QUESTION NEVER
BEFORE THAT TRIBUNAL
And the Question viii Be of Interest 70
Every State In the south-nao,sio.
Rendered on Appeal From Lower
court Verdict BY A. G. v. Railroad.
special to The Neps.

NPoOtu' 10 Ihe NelCS.
jackson, Miss, Dec. 1O-The deci.
sion OF the Mississippi Supreme Court
yesterday that the Jim Grow" law
applied to sleeping cars and Pullmans
ana was effective to interstate and
mtrastate passengers alike, doubtless
soon VIII find its way into the consul
tation rooms of the United States Su-
! preme Court. This exact question new
er mas been before that tribunal, and
Its position relative to the opinion
handed down here yesterday will he
OF great interest throughout the entire
South.
The question came up in the case of
an appeal by the Alabama & Vicks-
burg railroad from a verdict of a lower
court giving Miss Pearl Morris $4,000
damages because the agents of the
road refused to eject three interstate
passengers (negroes) from the sleep-
ing car in which Miss Morris held
ticket that entitled her to occupy
berth. Miss Morris was compelled to
sleep in the same car with the negroes
or go into day coach. The negroes
were prominent men of their race and
were going to some Northern city from
Vicksburg.
The Mississippi Supreme Court holds
that the statute (referring to separate
compartments for white and colored)
fpntemplates that equal and separate
Accommodations should be provided
, for both races. 1t was the purpose Of
the legislation to separate the races,
for entirely obvious reasons, and also
to provide for the fair and equal treat
ment of the members Of each race
go we find ourselves unable to reach
the conclusion that the legislature in
tended to limit the application Of the
statute to that portion of the train CIV
en- over to the accommodation Of intro
state passengers. To so hold, would
be to disregard the reason which un-
\ derlies this legislation. The legisla-
ture in the exercise of its power to
police the highways of commerce run
ming through the state, enacted the
statute in question to promote the
peace, comfort and general welfare of
the public. The statute was not en-
acted with any idea of discriminating
against the members of either race,
nor was, it prompted by prejudice or
= passion, but with the knowledge that
the enforced intermingling of the races
would be distasteful to both races,
would inevitably result in discomfort
to both, and provoke ard encourage
conflicts endangering the peace and
quiet of the commonwealth.
"True the application of the statute
to interstate trains necessarily i'm
poses additional expense upon the car
rier; this carrier would be required
to provide another Pullman, or to d.
vide the one used into separate COM
partments, but it has been decided
time and again that merely an addi-
tional expenditure of money will not
render a statute so requiring suscep-
tible to criticism.
This statute has been on our books
for MANY years. and has caused no
complaint or criticisms from the inhab-
itants of the state. The two races
here accept the law as a wise and
necessary exercise Of the police pow
,er of the state for the protection of
members of both races. The ulti-
mate settlement of the question rests
with the supreme court of the United
States, and until that great court de-
'cides against the validity Of the stat
ute as construed by US, we feel i'm
PEELED to adhere to our belief that the
law Is not only beyond criticism from
a constitutional standpoint, but is also
a reasonable and wise exercise of the
police power of the state. . 10 ~
should hold that the statute is map
plicable to interstate travellers, rs
seems to us that necessarily 1t mus
be condemned altogether. as the the.
c.--,~'-e. \ its wisdom ard justice
aaa