Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1912-03-29
RACES MAY Be SEPARATED
IN SLEEPING CARS BY Law

Atlanta, Gait seems that the leg
islature has taken action prohibiting
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 Tor the Georgia rail
road commission. in an opinion re
Gently rendered that body upon 8
complaint by John d. Walker, the
well-known banker OF Spata
II s not unlikely that Mr.. Walkers
complaint ard the commission's in
yestigatioD OF 1t may lead to some
more Legislation or attempted legisla
ton this summer upon the jim crow
line. 80
When Mr.. Walker get on train In
Atlanta few nights ego. bound FOR
New York, he found difficulty in get
ting a berth. All he could get was an
upper. while there were three negroes
who got on the, train in Atlanta who
We're supplied with lowers. Also
there were some ether white passen
gers who We're 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 II 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, ii
the two races were not allowed to sit
up together in railroad coach, it
could not be lawful for them to sleep
in 1le 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 1t deal
with Mr.. Walkers case? Judge Hines
was asked to find out He did.
IN my opinion" wrote Judge Hines
to the commission in reply, the COM
mi nd II MI %
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
GAYS or compartments OF cars, for
white and colored passengers; but this
law expressly provides that 1t shall
not apply to sleeping cars
Here Judge Hines makes the above
quoted comment upon law which
permits under cover OF darkness, as
it were, what is prohibited by day
light, and continued:
by dAOLAcI btoluIC SlcCp1uS
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
Their 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.)
LAS the statutes Of this state ex-
pressly declare that the races cannot
be segregated in sleeping cars, but
they can only be assigned to separate
berths or compartments, l 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 a law requiring
the separation Of the two races in
public conyeyances in intrastate jour.
neys; and such a 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 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, ii 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
the same, or a similar, law governed
sleeping cars. &,
The legislature, II 1t should deal
with it at all, could only make a reg
ulation governing Journeys wholly
within the state. And since it Is not
likely that congress will pass an act
separating the races in sleeping cars
carrying interstate travel, 1t is
question, as Judge Hines says, that is
I'D to the railroad companies.
EUR9.