Sunday Chicago bee. [volume] (Chicago, Ill.) 1925-19??, 1938-05-01
MITcHEL.L'SR .R.
SUIT May Save
RACE MILLIONS
Fares for Negroes
Too High


The briefs on behalf Of Congress-
man Mitchell were filed by his
attorney, Richard e. WestbroOks.
with the Interstate Commerce
Commission Of Washington D. c.,
on the goth of April. Briefs were
also filed by the Chicago Rock
Island and Pacific Railway COM
pany, Illinois Central and Pull
man company.
Attorney Westbrooks, in his
brief, contends that colored peo-
pie who buy first class railway
tickets must, under the law be
given first class accommodations
and that a denial or refusal 10
furnish first class accommodations
to colOred people who have paid
a first class fare violates the In
terstate Commerce Act. West
brooks also contends that all col
Ored persons who have been pay
ing The first class rates of fare,
which is the So per mile fare, and
who have been riding in the Jim
Crow Cars are entitled to a re
fund Of Ii per mile for every
mile they have travelled in a Jim
Crow Car"
1t is further pointed out that
white passengers who ride in the
DAY Coaches" only pay &c per
mile, while colOred passengers
have been paying 81 per mile
which is the first class rate, while
only second class accommodations
have been furnished colOred peO-
pie.
The Railroad companies were
compelled to admit that the "jim
crow car" service furnished to
colored passengers paying first
class fare was not First Class
Accommodate ons", and the Rock
Island was compelled during the
hearing before Commissioner Dis
cue to admit an unlawful charge
Of fare in the sum Of 1914 which
had been paid by Congressman
Mitchell and offered to return the
overcharge.
WestbrOOks' brief claimed that
this Overcharge violated the In
tcrstate Commerce Act. He fur
Their commended that under the law
It is the duty Of every railroad
company engaged in interstate
commerce to provide all persons
who pay first class fare with first
class accommodations, whether
they are white Or cOlOred and that
failure To provide equal accom-
m0datiOns for all persons holding
tickets Of the same class violates
the Interstate Commerce Act. 1t
further contended that the Rock
Island Railroad having filed with
the Interstate Commerce Com
mission a tariff schedule of fares
and having charged Congressman
Mitchell first class fare while
giving him second class accom-
modations the Interstate Com
merce Act was again violated.
It was pointed out in the brief
that even the Separate Car Law
Of the state Of Arkansas provided
for equal accommodations for
white and colOred passengers"
Westbrooks cited the case Of
Professor Council against the
Western and Atlantic Railway
company decided in 1887 shortly
after the Interstate Commerce
Act was established by Congress.
4 Two cases prosecuted by Bishop
Heard against the Georgia Rail
T7Iy1yo1.Cc
Nashville, Chattanooga and St
Louis Railroad company, each of
which cases were heard by the
Interstate Commerce Commission
and the railroad companies were
ordered to furnish better accom-
mOdatiOns to cOlOred passengers.
The Rock Island Railroad COM
pany claims that since the filing
Of the proceedings by Attorney
Westbr00ks for Congressman Nit
cheIl that all accommodations for
colored passengers have been
greatly improved.
WestbrOOks' brief points out
further that the same discrimina-
ton practiced against Congress-
man Mitchell applied to all col
ored persons having occasions to
travel in the South and who were
not fortunate enough to secure a
Drawing Room or COmpart-
ment" in a Pullman car.
1t is further pointed out in the
brief that under cross-eXamina-
ton Of Albert w. Jones, a con-
ductor on a Rock Island road for
the past 81 years, Jones frankly
admitted that the Rock Island
road was violating the Interstate
Commerce Act. It appears in the
brief from Jones' testimony,
which is quoted, the following;
"The Rock Island Railroad
company has no such first class
accommodation for Negroes,
although the Negroes may have
frst-class tickets on the Rock
Island Railway OF 'three-cent-
per-mile' tickets. During the
thirty-two years | have work
cd over there in Arkansas, for
the Rock Island Railroad COM
Dany, it has never had any
frst-class accommodations for
NEGROES (Rec. 149) and they
haven't any first-clasS accom-
modations in the sleeping cars
for Negroes now"
1tInT1c ffIy-T7-