The Journal of Negro History, Volume 6, 1921Various
History
The Journal of Negro History, Volume 6, 1921
Various
African Americans -- Periodicals
"Any railroad company or corporation, person or persons, running
or otherwise operation of railroad cars or coaches by steam or
otherwise, in any railroad line or track within this State, and
all railroad companies, person or persons, doing business in this
State, whether upon lines or railroads owned in part or whole, or
leased by them; and all railroad companies, person or persons,
operating railroad lines that may hereafter be built under
existing charters, or charters that may hereafter be granted in
this State; and all foreign corporations, companies, person or
persons, organized under charters granted, or that may be
hereafter granted by any other State, who may be now, or may
hereafter be engaged in running or operating any of the railroads
of this State, whether in part or whole, are hereby required to
furnish separate coaches or cars for travel or transportation of
the white and colored passengers on their respective lines of
railroad."
Any sane man can see that this law undertook to regulate interstate
commerce. Justice Brown, however, tried to square the opinion with
that of the Kentucky Supreme Court, upholding the law on the grounds
that it was constitutional in as much as it applied only to intrastate
passenger traffic, although the law plainly applies also to interstate
traffic.
Speaking further for the court, Justice Brown said: "Indeed we are by
no means satisfied that the Court of Appeals did not give the correct
construction to this statute in limiting its operation to domestic
commerce. It is scarcely courteous to impute to a legislature the
enactment of a law which it knew to be unconstitutional and if it were
well settled that a separate coach law was unconstitutional, as
applied to interstate commerce, the law applying on its face to _all_
passengers should be limited to such as the legislature were competent
to deal with. The Court of Appeals has found such to be the intention
of the General Assembly in this case, or at least, that if such were
not its intention, the law may be supported as applying alone to
domestic commerce. In thus holding the act to be severable it is
laying down a principle of construction from which there is no
appeal."
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account