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
As to the nature of railroad accommodations, all “Jim Crow” laws
provide, in substance, that the accommodations for white and colored
passengers must be equal for both races. Florida provides that the
coaches for colored passengers (with first-class tickets) must be
equally good and provided with the same facilities for comfort as those
for white passengers with first-class tickets. Kentucky, Maryland, and
Virginia prohibit any difference in quality, convenience, or
accommodation. Tennessee provides that the first-class coaches for
colored passengers must “be kept in good repair, and with the same
convenience and subject to the same rules governing other first-class
cars, preventing smoking and obscene language.”
There is no one point upon which the courts are more in accord than that
there is no ground of action so long as the accommodations are
substantially equal.[568] The great working principle was enunciated in
1885 in the Circuit Court[569] of Tennessee in the doctrine that
equality of accommodation does not mean identity of accommodation. And,
indeed, the railroad company is not liable for damages even for
inequality of accommodation, unless it is proved that the plaintiff
actually sustained damages by such inequality.[570]
_Means of Separation_
The actual separation of the races is accomplished by requiring
railroads to furnish on each passenger train either separate cars or one
car divided into separate compartments by a partition. Each State gives
the choice. In case of the division of the car into compartments, the
partition must, in Arkansas, Oklahoma, and Kentucky, be made of wood; in
Kentucky, Maryland, Oklahoma, and Texas, it must be “substantial”; and
in Maryland and Texas, it must have a door in it. Arkansas requires only
a partitioned car on roads less than thirty miles long, but separate
cars on longer roads, though a train on any road may carry one
partitioned car.
Maryland and North Carolina provide that, in case the car or compartment
for either race becomes filled and no extra cars can be obtained and the
increased number of passengers could not have been foreseen, the
conductor may assign a portion of the car or compartment for one race to
the passengers of the other race.
_Designation of Separation_
Several States specify a means by which the public shall be notified of
the existence of the “Jim Crow” requirements. Arkansas requires the law
to be posted in each coach and waiting-room; Louisiana, in each coach
and ticket-office; Texas, in each coach and depôt. In Kentucky,
Maryland, Oklahoma, and Texas, each coach or compartment must bear in
some conspicuous place appropriate words, in plain letters, to indicate
the race for which it was set apart.
_Punishment for Violating Law_
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account