The herald and news. [volume] (Newberry S.C.) 1903-1937, 1913-05-23
NEGROES on PULLNANS.
State Law Doesn't Apply to Inter
state Traffic.-SO Declares Pee
pies.
The State, 20th.


Attorney General Peoples yesterday
gave the opinion that there is no State
law to prevent negroes riding on Pull
mans on interstate journeys. The opin-
ion was given in reply to letter from
John G. Richards, Jr., chairman OF
the railroad commission. in which it
ion that 1 do in regard to same, I
made of negro occupying berth Of
a Pullman on the Southern's early
morning train from the North.
The letter of the attorney general to
Chairman Richards follows:
81 am in receipt of yours OF the
14th inst, in reference to a negro
riding in Pullman car on the 14th
day of May on Southern train No. 81,
Rhich runs from Washington to
jacksonville 1 note that you say that
this negro had secured his ticket and
berth in the city of Washington and
that his destination was Savannah,
Ga. In reply thereto 1 beg to say
that being a native South Carolinian
and believing in the separation OF the
races and holding the personal opln-
ion that I do in regard to same. l
would be very glad indeed to be able
to give you an opinion that the Pull
man company could not allow mem
bers of the negro race to be pas
saneers in their cars within the bor-
ders of South Carolina. This, how
ever, is a matter absolutely beyond
the control of the general assembly
of this State when it comes to inter
state travel. and therefore is abso-
lutely beyond the control of the courts
or executive department Of this State.
Eve have no remedy at law in
case such as you mention, unless 1t
should be perhaps a personal remedy,
to which, of course, as attorney gen
eral l can not advise you or any
other man to resort.
There is no law upon our statute
I;books which would reach such condi-
tions as you set out in your letter, and
if there were it would be imperative
on account of the fact that it would be
in violation of the federal constitu-
tion, which gives to the American
congress the sole right to regulate
commerce between the States.
"I would respectfully suggest that
you take the matter up with the Unit
, ed States senators and congressman
from this State and request them to
do that which they should have done
long ago-make some endeavor and
try to get through some federal
statute similar to our State statute
providing for separate accommoda-
ton for the different races upon Pull
man cars and all interstate trains, or
at least ask them to attempt to get a
bill passed similar in some respects to
what is commonly known as the Webb
act. which applies to shipments OF
LIQUOR, leaving to the respective States
the right to regulate the carrying and
transportation of interstate passen-
gers in this particular, as is done as
to the regulation of shipments of
liquor.
personally and officially I would
rather see the Pullman cars taken off
all together than to-see negroes riding
in them along with white people; but
| I can not make the law, 1 can only
construe it.
I'm this connection I think that
your commission should promulgate a
rule that in the future in taking ad-
vantage of the exemption as to nurses
riding in the car provided for white
people that there should be required
certificate that the nurse is a bona
ide nurse in order that those of US
who travel will not be subject to some
of the annoyances and inconvenience
to which we are now subject on ac-
count of proper restriction not being
thrown around this exemption"