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 city ordinances and regulations requiring separation on street cars
are practically the same as the State statutes on the subject. The
ordinances, regulations, and statutes all require that the
accommodations for passengers of both races shall be equal. The three
methods of separation are (1) separate cars, (2) partitioned cars, and
(3) seats assigned to each race. The only city that unqualifiedly
requires separate cars is Montgomery, Alabama. The ordinance was passed
October 15, 1906, over the mayor’s veto, he vetoing it because he
believed it would be impracticable. When the law went into effect,
November 23, the service was materially reduced because of the scarcity
of cars.[585] The State laws of Florida, Louisiana, and Mississippi give
the choice of using two or more cars or partitioned cars. A number of
the ordinances require that the cars be divided either by movable
screens or partitions. They are movable so as to apportion the seating
capacity to the requirements of each race. But in by far the greatest
number of cases, the separation is accomplished by the conductor
assigning white and colored passengers to different seats. Practically
without exception, the colored passengers are required to be seated from
the rear to the front of the car; the white, from the front to the rear.
On railroad cars, the colored passengers are almost invariably assigned
to the front compartments. The colored passengers on street cars are
seated in the rear in order—to give the reason as stated by the mayor of
Birmingham, Alabama—to do “away with the disagreeable odors that would
necessarily follow the breezes.” In the closed cars of that city,
however, the colored passengers are seated in front so as to give the
white passengers the rear for smoking. In other cities, the two rear
seats are reserved for smoking, so the colored passengers begin to sit
on the third seat from the rear. As the car fills, the races get nearer
and nearer to one another. North Carolina provides that white and
colored passengers shall not occupy contiguous seats on the same bench.
Virginia, likewise, prohibits white and colored passengers from sitting
side by side on the same bench unless all the other seats are filled.
The conductor has the power to require passengers to change their seats
as often as is needful to secure actual separation of the races. The
laws do not prohibit the running of special cars exclusively for either
race, provided the regular cars are run.
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