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 Court of Appeals of Texas,[564] in 1897, held that a colored
passenger in a Pullman car, going from a point outside of Texas into
that State, might be compelled, upon reaching the Texas line, to enter a
Pullman car set apart for passengers of his own race, provided the
accommodations were equal. This decision is in harmony with those
already considered with reference to day coaches.
_Waiting-Rooms_
Three States, Arkansas, Louisiana, and Oklahoma, require separate
waiting-rooms at railroad depôts. In Mississippi, the railroad
commission was given power in 1888 to designate separate waiting-rooms,
if it deemed such proper. In most, if not all, of the other Southern
States, separate waiting-rooms are provided by the railroad companies on
their own initiative, and this action on their part was held
constitutional[565] in South Carolina in 1893.
The most recent legislation along this line was an act of South Carolina
of February 23, 1906, requiring a separation of the races in all station
restaurants and eating-houses, imposing a heavy fine for its violation.
It is probable that the necessity or propriety of this law was suggested
by the disturbance which arose at Hamlet, North Carolina, near the South
Carolina line, when the proprietor of the Seaboard Air Line Railway
eating-house at that place allowed a party of Negroes, one of whom was
Dr. Booker T. Washington, to eat in the main dining room, while the
white guests were fed in a side room.
_Trains to which Laws do not Apply_
There are certain classes of trains to which the “Jim Crow” laws do not
apply. In Maryland, Oklahoma, Texas, and Virginia, they do not apply to
freight trains carrying passengers in the caboose cars. South Carolina
exempts narrow-gauged roads from the requirements of the law. North
Carolina gives its railroad commissioners power to exempt branch lines
and narrow-gauged roads if, in their judgment, separation is unnecessary
to secure the comfort of passengers. South Carolina provides that, where
a railroad is under forty miles in length and operates both a freight
and a passenger train daily, the law applies only to the passenger
train. These two States also except relief trains in case of accident.
Whether there is statutory exemption or not, the railway company cannot
be held responsible for not separating the passengers in case of an
accident.[566] Oklahoma allows the running of extra or special trains or
cars for the exclusive accommodation of either race, if the regular
trains or cars are operated upon regular schedule. Texas provides that
the provisions of its act shall not apply to any excursion train run
strictly as such for the benefit of either race.
_Passengers to whom Law does not Apply_
Public-domain text, read in full here on John Shaqi.
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