The broad ax. [volume] (Salt Lake City, Utah) 1895-19??, 1926-07-31
l. Interstate Commerce Law.
2. My Brotherl My Brotherl
8. The Shoe Pinches.
4. Evolution in Honolulu (and else.
where).
Preston News Service)

The written opinion of the Inter
state Commerce Commission No
1858. in the case of E. Crosby VS..
St. Louis-San Francisco Railway Com
pany, commented upon in this column
some weeks ago, contains several
points which the colored people of
America need to note, along with their
reflections over the Interstate Com
merce Law and the history of the sew
eral Jim Crow cases. tried before the
Interstate Commerce Commission
since its creation by Congress in 1887.
The Crosby decision said: Complain
ant offered no proof in support Of his
claims for damages 1t should be said
that before any party can recover dam
Act he must allege and show not mere
" the wrong of the carrier but that
the wrong has in fact operated to his
injury. 1t seems clear that our juris-
diction is limited to an award of dam
ages capable of definite entertainment,
and not to damages of the nature COM
plainant SEEMS to seek"
Thus, if a thousand crates of straw
berries perish in interstate commerce
by reason of mishandling or misrout-
ing by the interstate carrier, the same
must be compensated for by the negli-
gent carrier, because of the DEFI-
MITE ASCERTAINMENT of their
market value. But if a thousand Ne
gro interstate passengers are grievous-
ly Disseminated against, unless there
is a definite entertainment of the cash
value of the damages they sustain, then
there is no remedy. Yet the Commits
sion said, in Edwards VS.. Nashville,
CHATTANOOGA & St. Louis Ry. Co., IL
1. c. c., Z47, that at by no means
follows that carriers may discriminate
between white and colored passen-
gers in the accommodations which they
furnish to each" If a railroad pro-
yides certain facilities and accommo-
dations for frst-class passengers OF the
white race, it is COMMANDED BY
THE LAW that like accommodations
shall be provided for colored passen-
gers of the same class. The principle
that must govern is that carriers must
serve equally we'll all passengers,
whether white or colored, paying the
same fare. Failure to do this is dis
elimination and subjects the passenger
to undue and unreasonable prejudice
and disadvantage"
Merely cursOTy review OF the In
terstate Commerce Act reveals the
fact that the Commission has power to
order a recalcitrant carrier to cease and
desist from creating undue and I'M
reasonable prejudices and disadvan-
tages as against shippers or passen-
gers. And ins the event such carrier
refuses to obey the mandate of the
Commission, there are cash penalties
provided for by law, which the Com
mission has the power to levy.
Every student Of interstate trans
portation problems knows that the In
terstate Commerce clause is primarily
intended to equalize freight and pas
senger facilities prescribed and furn-
ished by interstate carriers; and every
Negro who has ever travelled South
knows that the rank and file of south
ern rail lines laugh up their sleeves at
the revolving determinations in the
way Of facilities furnished to colored
travellers.
There have been numerous Jim
Crow cases before the Commission for
trial, but every one has fallen down
in the intrinsic remedy it sought,
either because of lack of formality of
pleadings or some breach in prayer or
proof There are ample remedies at
hand under the Commerce clause Of
the Constitution and under the Com
merce Act to cause discriminating car
riers to spend thousands to comply
with the dormant orders of the Inter
state Commerce Commission - dor
mant because the carriers ignore them
when they apply to our group, and our
group frequently prefers to hire hall
and engage in oratory than to pledge
an ample fund to insure accuracy OF
procedure and pleading in fighting Jim
Crowism.
It is to be hoped that the next case
involving Jim Grow questions will be
100 per cent perfect in attack and in
iollow-up methods. An economic
draught blowing precision and accur-
acy against interstate commerce law
evasions is worth more than ten thou
sand 1Iatfo--. L1..4- -, t., Croxricy17