The McDowell times. [volume] (Keystone, W. Va.) 1904-1941, 1938-12-23
KELLY MILLER SAYS:
Congressman Mitchell Turned
Down by the Interstate Com
merce COMMON

T h e Interstate Commerce
Commission by a split-decision
has slammed the door of the Pull
an car in the face of the Negro
race in the person of Arthur M.
Mitchell, the only Negro member
Of Cong ess. This, | believe, is
the First instance in which a
competant federal agency has
undertaken TO deny to the Negro
equal Accommodations and to JUS
tify this denial. The complaint
of Congressman Mitchell before
the Interstate Commerce Com
mission and the decision of this
semi judicial body present a new
phase CT Jim Crow legislation.
The Negro has hitherto contend
ed for identical Pullman acco-
modations without either dis
tinctiOn or discrimination. The
Supreme Court has usually, UNI
der one pretext or another, denl-
ed this contention. But now
comes Mr.. Mitchell and contends
for Accommodations without dis
elimination but not necessarily
without distinction.
The p inciple of equal but
separte Accommodations for the
two races | les at the basis of
separate cars AND separate
schools in every Southe. n state.
The wisdom of Charles Summers
dictum. that identity of rights
is essential to equality of rights
is fully borne out by experience
with sepa, ate schools and Jim
Jim Crow Cars.
TIE ICC maintains that the
discrimination complained of by
Congressman Mitchell, is justi-
fled on the ground that compare
lively few colored passengers
are likely to apply for Pullman
Accommodations between tlh e
points in question. Quantitive
/ Justice, sought to be establish
ed in this decision, sets up some
thing new in the theory and
practice of American julispi -
dence. 1t subordinates human
rights to material interest. Ir
commenting upon the Oklaho-
ma jim Crow ca. case, then JUS
tice how Supreme Justict Hugh
cs remarked that the right OF
the individual Negro to equa!
Pullman Accommodations was no;
dependant upoh the number Of
Neg 'oes making application for
such accommodation.
This decision if pushed to it's
logical conclusion would derive
the Negro Of the right to travel
IN a day coach in regions w ere
their paucity of numbers does
i not Justify the expense of sepa-
rate coaches. T h Il the Negro
Under such circumstances would
be derived entirely of his light
to travel or an interstate carrier.
The Anne ican people are pow
clubbing over with righteous
| Indignation because Of German
drastic action against her Jew
ish minority But there is no
diffe lance i'm principle between
| Germany's deriving the Jew of
| his property because of race and
Americas denying Arthur w.
Mitchell. its foremost Negro
citizen, his property rights in
/ the all road ticket which he had
bought and paid for, solely be-
cause he is a Negro.
Fortunately the opinion Of the
IiCC is not final and may be APP
pealed to the Supreme Court of
|thc United States. Every fair
minded Anne lean, white and
colcrcd, must be Interested in the
final outcome of this issue; for
liz the Negro is to be denied equal
/ rights urder the law, his case is
not far different from that Of
/ the Jew in Germany who Hitler
. denies any rights at all.
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