Race Distinctions in American LawStephenson, Gilbert Thomas
History
Race Distinctions in American Law
Stephenson, Gilbert Thomas
African Americans -- Politics and government; Law -- United States -- History; United States -- Race relations
The first great question that arises is the extent of application of the
laws. The statutes declare that they apply to all railroads doing
business in the State. But just what does this mean? It has been
generally understood and the principle has been confirmed by judicial
decisions[558] that States may pass laws separating passengers going one
from one point to another in the same State. But how about passengers
coming from or going to points outside the State? Suppose, for instance,
a colored passenger were to board a train at Philadelphia for
Evansville, Indiana, and go through Maryland, West Virginia, and
Kentucky. Pennsylvania and West Virginia have no “Jim Crow” laws;
Maryland and Kentucky have. When the colored passenger reaches the
Maryland line, must he enter a car set apart for colored people? When he
reaches the West Virginia line, may he go back into the coach with white
passengers? When, again, he reaches the Kentucky line, will he be forced
to return to the car set apart for his race? And, finally, when he comes
to Indiana, may he once more return to the car for white passengers? Or,
suppose a railroad from Ohio to Indiana has only a few miles of its
track in Kentucky and only two depôts in that State. Must the railroad
furnish separate accommodations for the white and colored passengers
going between those two points in Kentucky? If these questions had been
asked thirty years ago or at the time of the Hall v. DeCuir case, there
is no doubt that the Federal courts would have held that it was an
unwarranted interference with interstate commerce or would lead to too
much confusion.
The law of Alabama of 1891 contained the provision that “this act shall
not apply to cases where white or colored passengers enter this State
upon such railroads under contract for their transportation made in
other States where like laws to this do not prevail.” Since these laws,
however, have become so prevalent throughout the South, the courts seem
to have swung over to the side of public opinion. In 1889, the Supreme
Court of Mississippi held[559] that though the “Jim Crow” law of that
State applied only to intrastate travel, it was not an unwarranted
burden upon interstate railroads to require them to furnish separate
accommodations for the races as soon as they came across the State line.
Public-domain text, read in full here on John Shaqi.
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