Illinois Central Railroad Company v. Illinois Commerce Commission Abstract of Record
Public Court Documents
January 1, 1953

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Brief Collection, LDF Court Filings. Illinois Central Railroad Company v. Illinois Commerce Commission Abstract of Record, 1953. 88500bc2-b89a-ee11-be36-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/bd6e7ddb-6afa-4cb3-a52d-6c695eb31866/illinois-central-railroad-company-v-illinois-commerce-commission-abstract-of-record. Accessed April 19, 2025.
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No. 32949 IN THE ’uprntu' Qkmrt of llltnota September T eem, A. D. 1953. IL L IN O IS C E N T R A L R A IL R O A D COM PA N Y , Appellant, IL L IN O IS COM MERCE COM M ISSION, Appellee. Appeal from th e Superior C ourt of Cook County, Illinois. T here heard on appeal from th e Illinois Com- . merce Commission. T ria l C ourt No. 52 S 10325. H onorable Ja m e s J . M cD erm ott, Judge Presiding. ABSTRACT OF RECORD. J ohn W. F oster, 135 East Eleventh Place, Chicago 5, Illinois, WAbash 2-4811, Attorney for Appellant. J oseph H. W right, H erbert J. Deany, Of Counsel. THE 6UNTH©RP'WARREN PRINTING COMPANY* CHICAGO INDEX TO ABSTRACT. PAGE Amended Complaint of Vera Johnson.......................... 4 Appeal Bond ................................................................. 94 Appearances before Illinois Commerce Commission .............................................. .7,16, 33, 37, 42,46,60, 64, 67 Certification of Record— by Illinois Commerce Commission.......................... 89 by Superior Court Clerk ............................. 94 Complaint of Vera Johnson........................................ 2 Index to Record before Commission........................... 2 Notice to Commission of Appeal to Superior Court . . . . 1 Notice to Commission of Appeal to Supreme Court . . . 92 Notice of Appeal to Superior Court of Cook County .. 2 Notice of Appeal to Supreme Court of Illinois.......... 92 Notice of National Association for Advancement of Colored People to intervene before Commission . . . . 7 Orders of— Commission, July 5, 1951, Authorizing National Association for Advancement of Colored People to Intervene ......................... 16 Commission, May 14,1952 ...................................... 70 Commission, June 25, 1952, Denying Petition for Rehearing ............................................................ 85 Superior Court, March 16, 1953, Affirming Order of Commission..................................................... 89 Superior Court, April 13, 1953, Staying Order of Commission ........................................................ 90 Superior Court, May 1, 1953, Directing Record Be fore Commission Be Incorporated as Part of Transcript of Record.......................................... 93 Petition of National Association for Advancement of Colored People to Intervene before Commission . . . 7 11 Petition for Rehearing Piled by Respondent............. 79 Praecipe for Record ..................................................... 93 Proof of Service of Praecipe...................................... . . 93 Stamp of Clerk of Superior Court Showing Record Filed ............ 46 Stamp of Clerk of Supreme Court Showing Record F iled ................................................... - ..................... 1 Supersedeas Bond ........................................................ 94 Stipulation as to Testimony Barbara Gillum and John Groves would have presented at hearings, if they were available.............. 68-69 T ranscript op T estimony and E xhibits. Witnesses. For Complainant: Estelle, G.— Direct Examination................................ Cross-Examination ................................. Redirect Examination............................. Johnson, V.— Direct Examination ............................... Cross-Examination ................................. Redirect Examination........................... . Range, K. S.— Direct Examination ............................... Cross-Examination................................. Redirect Examination ........................... Recross-Examination ............................. Strayhorn, E.— Direct Examination................................. Cross-Examination ................................. Redirect Examination............................. 10 12 12 . 9 . 10 . 13 . 14 15, 63 . 64 . 65 . 66 . 67 I l l For Intervener: Horace, J. L.— Direct Examination.......................................... 61 Cross-Examination .......................................... 63 Redirect Examination .................................... 65 Recross Examination........................................ 65 For Respondent (Appellant): Anthony, W. H.— Direct Examination.......................................... 45 Cross-Examination ............ 58 Bell, E. J.— Direct Examination.................................... 44 Cross-Examination ....................... 56 Bickenbaeh, P. E.— Direct Examination....................... 47 Cross-Examination .......................................... 47 Redirect Examination...................................... 49 Recross Examination............................................49 Fitzpatrick, C. J.—- Direct Examination......... ................... 50 Cross-Examination ........................... 51 Holmes, E. L.— Direct Examination.......................................... 16 Cross-Examination .......................................... 22 Redirect Examination............................. 25 Recross Examination ...................................... 25 Redirect Examination.............. .................... 26, 68 Re-recross Examination.................................36, 68 Kaufman, W. R.— Direct Examination ........................................ 32 Cross-Examination .......................................... 33 Redirect Examination .................................... 35 Recross Examination.............................. 35 IV Kenwortliy, W. J.— Direct Examination ........................................ 38 Cross-Examination .......................................... 53 Lillie, A. P.— Direct Examination .......................................- • 43 Cross-Examination ......................... 55 Megee, J. H.— Direct Examination........................... 26 Eeid, T. J.— Direct Examination.......................................... 27 Cross-Examination ................ 31 Redirect Examination...................................... 67 Ritter, R. Gr.— Direct Examination.......................................... 43 Cross-Examination ............................................ 60 Redirect Examination..................................... 61 Exhibits. For Complainant : Exhibit No. 1—Photostat of Car Card used in the loading of the City of New Orleans: Identified ............................................................ 8 Admitted ............................................................. 9 Contained in Record at page 780 ..................... 85 Exhibit No. 2—Photostat of a Resolution of the Baptist Ministers’ Conference: Identified ........................................................... 14 Admitted ............................................................ 14 Contained in Record at page 781..................... 86 Exhibit No. 3—Photostat of a letter written by Mr. C. P. McEvilly to Reverend King S. Range: Identified............................................................ 14 Admitted .......................................................... 14 Contained in Record at page 782 ..................... 86 V Exhibit No. 4—Photostat of a menu used on the diner of the City of New Orleans: Identified.......................................................... 56 Adm itted.......................................................... 60 Contained in Record at page 783 ................... 86 Exhibit No. 5—Photostat of a menu used on the diner-lounge car of the City of New Orleans: Identified ........................................................... 56 Admitted .................. 60 Contained in Record at page 784 ................... 86 Exhibit No, 6—Car Card Used in Loading of City of New Orleans: Identified.......................................................... 63 Admitted .......................................................... 64 Contained in Record at page 785 ................... 86 For Respondent (Appellant): Exhibit No. 1—Blueprint showing Central Station, the tracks leading in and out of the station, and the position and car numbers of the City of New Orleans on July 1, 1950: Identified......................... 26 Admitted .......................................................... 61 Contained in Record at page 787 ................... 86 Exhibit No. 2—Photostat of passenger conductor’s car report showing consist of the City of New Orleans on July 1, 1950 : Identified.......................................................... 28 Admitted ........................... 61 Contained in Record at page 788 ................... 86 Exhibit No. 3—Photograph of the City of New Orleans taken from a position near the front end of the train : Identified............................. 29 Admitted .......................................................... 61 Contained in Record at page 789 .................... 86 VI Exhibit No. 4—Photograph of the City of New Orleans taken from a position near the rear end of the train : Identified.......................................................... 29 A dm itted.......................................................... 61 Contained in Record at page 790 ................... 86 Exhibit No. 5—Photograph of exterior view of Illinois Central Car No. 2690 : Identified.......................................................... 29 Admitted ............................................... 61 Contained in Record at page 791................... 86 Exhibits Nos. 6, 7, 8, and 9 withdrawn................. 86 Exhibit No. 10—Photograph of Car No. 2690 look ing toward the rear of the car: Identified............................. 29 Adm itted.......................................................... 61 Contained in Record at page 796 ....... 87 Exhibit No. 11—Photograph showing lounge chairs in washroom in Car No. 2690 : Identified.......................................................... 30 Adm itted................ 61 Contained in Record at page 797 ................... 87 Exhibit No. 12—Photograph of coach used on the City of New Orleans looking toward the rear of the car: Identified.......................................................... 30 Adm itted.......................................................... 61 Contained in Record at page 798 ................... 87 Exhibit No. 13—Photograph of coach used on the City of New Orleans looking toward the rear of the car: Identified.......................................................... 30 Adm itted................ 61 Contained in Record at page 799 ................... 87 Exhibit No. 14—Photograph of coach used on the City of New Orleans looking toward the rear of the car: Identified...................................... 30,40 Adm itted.......................................................... 61 Contained in Record at page 800 .................... 87 Exhibit No. 15—Photograph showing leg-rests on a car used on the City of New Orleans: Identified . ........................................................30, 40 Adm itted..............................................................60, 61 Contained in Record at page 801.............. . 87 Exhibit No. 16—Photograph showing another view of leg-rests used on the City of New Orleans: Identified..............................................................30, 40 Adm itted..................%.......................... . 60, 61 Contained in Record at page 802 .................... 87 Exhibit No. 17—Photograph showing counter and table facilities on the diner-lounge car: Identified............................. 30, 40 Admitted ............................... 60, 61 Contained in Record at page 803 .................... 87 Exhibit No. 18—Photograph showing counter on the diner-lounge car: Identified..............................................................30, 40 Adm itted............................................................. 60, 61 Contained in Record at page 804 .................... 87 Exhibit No. 19—Photograph showing counter on the diner-lounge car: Identified...................................... 30, 40 Adm itted.......................................................... 61 Contained in Record at page 805...................... 87 Exhibit No. 20—Photograph showing counter on the diner-lounge car: Identified............................................................. 30, 40 Admitted............................................. 61 Contained in Record at page 806.................... 87 V1X V ll l Exhibit No. 21—Photograph of the diner used on the City of New Orleans: Identified........................................................ 30, 40 Adm itted...................................................... 61 Contained in Record at page 807....... ............. 87 Exhibit No. 22—Photograph showing the observa tion car taken from the rear looking toward the front: Identified................ 30, 40 Admitted ........................................ 61 Contained in Record at page 808...................... 87 Exhibit No. 23—Photograph showing observation car taken from the center of the car looking to ward the rear: Identified..............................................................30, 40 Adm itted.......................................................... 61 Contained in Record at page 809.................. 87 Exhibit No. 24—Photograph showing observation car taken from the front showing the bar in the middle of the car: Identified ..........................................................31, 40 Adm itted.......................................................... 61 Contained in Record at page 810...................... 88 Exhibit No. 25—Photograph showing observation car taken near the bar and looking toward the front of the car: Identified.......................................................... 40 Adm itted.......................................................... 61 Contained in Record at page 811...................... 88 Exhibit No. 26—Photograph showing interior view and looking toward the rear of Coach No. 2611: Identified .......................................................... 40 Adm itted.......................................................... 61 Contained in Record at page 813.................... 88 XX Exhibit No. 27—Photograph showing interior view and looking toward the rear of Coach No. 2615: Identified .......................................................... 40 Adm itted............................. ........................... 61 Contained in Record at page 814.................... 88 Exhibit No. 28—Photograph showing interior view and looking toward the rear of Coach No. 2617: Identified................ 41 Adm itted.............. 61 Contained in Record at page 815.................... 88 Exhibit No. 29—Photograph showing interior view and looking toward the rear of Coach No. 2619: Identified.......................................................... 41 Adm itted................ 61 Contained in Record at page 816.................... 88 Exhibit No. 30—Photograph showing interior view and looking toward the rear of Coach No. 2624: Identified......................................................... 41 Admitted .................... 61 Contained in Record at page 817.................... 88 Exhibit No. 31—Photograph showing interior view and looking toward the rear of Coach No. 2626: Identified.......................................................... 41 Adm itted.......................................................... 61 Contained in Record at page 818.................... 88 Exhibit No. 32—Photograph showing interior view and looking toward the rear of Coach No. 2629: Identified.......................................................... 41 Adm itted.......................................................... 61 Contained in Record at page 819.................... 88 Exhibit No. 33—Photograph showing interior view and looking toward the rear of Coach No. 2629: Identified................................................ 41 Adm itted.......................................................... 61 Contained in Record at page 820.................... 88 X Exhibit No. 34—Photograph showing interior view and looking toward the rear of Coach No. 2633: Identified.................................... ..................... 41 Admitted ........................................................ 61 Contained in Record at page 821... ............... 88 Exhibit No. 35—Photograph showing interior view and looking toward the rear of Coach No. 2634: Identified.......................................................... 41 Adm itted.......................................................... 61 Contained in Record at page 822...................... 88 Exhibit No. 36—Photograph showing interior view and looking toward the rear of Coach No. 2639: Identified.......................................................... 41 Adm itted.......................................................... 61 Contained in Record at page 823...................... 88 Exhibit No. 37—Photograph showing interior view and looking toward the rear of Coach No. 2694: Identified............................................. 42 Admitted .......................................... 61 Contained in Record at page 824...................... 88 Exhibit No. 38—Photograph showing tables and lounge chairs in the diner-lounge used on the City of New Orleans: Identified.................................. 42 Adm itted.......................................................... 61 Contained in Record at page 825...................... 89 Exhibit No. 39—Certified Copy of Dismissal Order of the Illinois Commerce Commission in Docket No. 35958, dated April 19,1949: Identified.......................................................... 61 Adm itted................................................. 61 Contained in Record at pages 827-830............. 89 Exhibit No. 40—Photostat of passenger conduc tor’s car report showing consist of the City of New Orleans on April 4, 1951: Identified.......................................................... 67 Adm itted.......................................................... 68 Contained in Record at page 831...................... 89 XI Exhibit No. 41—Photostat of passenger conduc to r’s car report showing consist of the City of New Orleans on April 16, 1951: Identified.......................................................... 67 Adm itted............................................. 68 Contained in Record at page 832...................... 89 Exhibit No. 42—Photostat of passenger conduc tor’s ear report showing consist of the City of New Orleans on June 5, 1951: Identified......................................... 67 Adm itted.......................................................... 68 Contained in Record at page 833...................... 89 IN T H E &itpr?mr ffimtrt of Mltnnia September T erm, A. D, 1953. IL L IN O IS C EN T R A L R A IL R O A D COM PA N Y , vs. Appellant, Appeal from th e Superior C ourt of Cook County, Illinois. T here heard on appeal from the Illinois Com merce Commission. IL L IN O IS COM MERCE COM M ISSION, Appellee. T ria l C ourt No. 52 S 10325. H onorable Jam es J . M cD erm ott, Judge Presiding. ABSTRACT OF RECORD. Page of _________ Record 1 Title Page. Stamp of Clerk of Supreme Court show ing record filed with Supreme Court, June 19, 1953. 2 P lacita, Superior Court of Cook County, April Term, 1953. 3 Docket entry: July 2, 1952, notice of appeal by Illinois Central Railroad Company to Superior Court of Cook County. 4-5 Notice to Illinois Commerce Commission of appeal to Superior Court of Cook County, served on the Com mission July 2, 1952. 6 Docket entry: July 3, 1952, notice to the Clerk of the Superior Court of Cook County of appeal from orders of the Illinois Commerce Commission, 2 7 Notice to Clerk of the Superior Court of Appeal to said court from orders of the Commission. 8 Docket entry: August 28, 1952, transcript of pro ceedings before the Commission filed with the Superior Court. 11 Caption of case in the Superior Court of Cook County, No. 52 S 10325. 12 Caption of case before Illinois Commerce Commis sion, Docket No. 39271. 13-14 Index to record before the Commission. 15 Docket entry: March 17, 1951, complaint of Vera Johnson as to discrimination against certain members of the public with respect to transportation service furnished by Illinois Central Railroad Company in Chicago filed with Commission. 16 Complaint of Vera Johnson omitting caption in. words and figures as follows: ‘ ‘ The complaint herein respectfully shows: “ 1. Vera Johnson, Clerk (Name and occupation). “ 2. That the post office address of Complainant is Apartment 803, 3737 South State Street, Chicago, Illi nois. “ 3. That Illinois Central Railroad Company, Re spondent herein, is a Public Utility, and that as such Public Utility said Respondent is subject to the pro visions of an Act to provide for the regulation of Pub lic Utilities. “ 4. That the post office address of Respondent is 135 East 11th Place, Chicago, Illinois. “ 5. That complainant is a citizen and resident of the City of Chicago, County of Cook, and State of Illinois, and is a Negro of dark skin. “ 6. That on or about July 1, 1950, Complainant purchased a ticket at the Central Station of the Illi nois Central Railroad Company in Chicago, Illinois, which ticket entitled her to transportation service in 3 a coach car on certain trains operated by Illinois Cen tral Railroad Company, including a train sometimes called ‘The City of New Orleans,’ which carries pas sengers both in intrastate service in Illinois and in terstate service between points in Illinois and other States. “ 7. That after purchasing said ticket Complainant went through the main gate of the Central Station leading to the passenger platform which was provided by Respondent for the purpose of enabling passengers to board ‘The City of New Orleans’; that as Com plainant went through said main gate she was handed a ticket on which was stamped or printed: ‘Car 2 City of New Orleans. ’ “ 8. That said ‘Car 2 City of New Orleans’ was a coach located at the end of the train a long distance from the place at which Complainant entered the pas senger platform and was a ‘Jim Crow’ car provided for the exclusive use of Negro passengers on a segre gated basis; and that between the point where Com plainant entered the passenger platform and where said ‘Car 2’ was located were a number of coaches which contained many empty seats; that Complainant was carrying her luggage which was very heavy and re quested permission from the porters and other em ployees at the doors to the coaches containing such empty seats for permission to board such empty coaches but was not allowed to enter any coach other than said ‘Car 2.’ “ 9. That when she arrived at said ‘Car 2’ she found that every seat in it was taken and she requested permission then to board another coach having empty space—which was denied—and she attempted then to board another coach having empty space but that her way was barred by employees of Respondent who physically prevented her from boarding such coaches containing empty seats.” 17 Verification of complaint. 18 Docket entry: March 21, 1951, copy of petition mailed to Illinois Central Railroad Company. 4 Docket entry: April 8, 1951, called for hearing by Examiner W. E, Helander and continued to April 20, 1951 at Chicago. Docket entry: April 20, 1951, called for hearing by Examiner W. E, Helander and continued to June 29, 1951 at Chicago. Motion by Complainant for leave to tile amended complaint allowed; Complainant to file amended complaint in 30 days; Respondent to file an swer 30 days thereafter. 19-22 Transcript of proceedings at hearing- before Ex aminer Helander April 20, 1951. 23 Docket entry: June 6, 1951, amended complaint filed by Vera Johnson, Complainant, by John S. Boyle, State’s Attorney. 24 Amended complaint of Vera Johnson omitting cap tion in words and figures as follows: “ The amended complaint herein respectfully shows: “ 1. Vera Johnson, Clerk (Name and occupation). “ 2. That the post office address of Complainant is Apartment 803, 3737 South State Street, Chicago, Illi nois. “3. That Illinois Central Railroad Company, Re spondent herein, is a Public Utility, and that as such Utility said Respondent is subject to the provisions of an Act to provide for the regulation of Public Utili ties. “ 4. That the post office address of Respondent is 135 East 11th Place, Chicago, Illinois. “ 5. That complainant is a citizen and resident of the City of Chicago, County of Cook and State of Illinois, and is a Negro of dark skin. “ 6. That on or about July 1, 1950, Complainant purchased a, ticket at the Central Station of the Illi nois Central Railroad Company in Chicago, Illinois, which ticket entitled her to transportation service in a coach car on certain trains operated by the Illinois 5 Central Railroad Company, including a train some times called ‘The City of New Orleans,’ which carries passengers both in intrastate service in Illinois and interstate service between points in Illinois and other States. “ 7. That after purchasing said ticket Complainant went through the main gate of the Central Station lead ing to the passenger platform which was provided by Respondent for the purpose of enabling passengers to board ‘The City of New Orleans’; that as Complain ant went through said main gate she was handed a ticket on which was stamped or printed: ‘ Car 2 City of New Orleans.’ “ 8. That said ‘Car 2 City of New Orleans’ was a coach located at the end of the train a long distance from the place at which Complainant entered the pas senger platform and was a ‘Jim Crow’ car provided for the exclusive use of Negro passengers on a segre gated basis; and that between the point where Com plainant entered the passenger platform and where said ‘Car 2’ was located were a number of coaches which contained many empty seats; that Complainant was carrying her luggage which was very heavy and requested permission from the porters and other em ployees at the doors to the coaches containing such empty seats for permission to board such empty coaches but was not allowed to enter any coach other than said ‘Car 2.’ “ 9. That when she arrived at said ‘Car 2’ she found that every seat in it was taken and she requested permission then to board another coach having empty space—which was denied—and she attempted then to board another coach having empty space but that her way was barred by employees of Respondent who physically prevented her from boarding such coaches containing empty seats. “ 10. That the Respondent, Illinois Central Rail road Company, is authorized by the laws of the State of Illinois to do business rendering traveling service to the general public; that Respondent advertises that 6 it sells public service in tlie capacity of common car rier to all citizens of the State of Illinois, and that said Respondent, Illinois Central Railroad Company, operates under all applicable constitutional provisions and applicable laws of the State of Illinois with rela tion to public service to the general public; that said Respondent, Illinois Central Railroad Company, in its advertisements to the general public invites the use of its traveling facilities by all citizens of the State of Illinois without regard to race or color of said citizens. “ 11. Your Complainant further alleges and charges that Respondent, Illinois Central Railroad Company, acting through and by its duly authorized agents, did discriminate and segregate your Complainant on the above-entitled train on said date of July 1, 1950, and that said discrimination and segregation were entirely because of the race and color of said Complainant ; and that said discrimination and segregation are contrary to the provisions of the Constitution of the United States, the Charter of the United Nations, and the laws, provisions and decisions of the Supreme Court of the State of Illinois. Your Complainant particu larly invokes the provisions of the Charter of the United Nations, 59 Stats. 1035 FF, U. S. Code Cong. Serv., 79th Cong. 45, p. 964, ch. 38, sec. 125, 111. Rev. Stats., ch. 111-|, sec. 38, 111. Rev. Stats., and alleges that Respondent has violated the provisions of the law in such case made and provided. “ Wherefore, your Complainant prays that this Com mission summon Respondent, Illinois Central Railroad Company, to answer the allegations made in this peti tion, and that this Commission enter such order or orders as may be found necessary to enforce all laws and statutory provisions made for the administration of common carriers in the State of Illinois, to which said Respondent, Illinois Central Railroad Company, is subject; and that your petitioner be given all fur ther relief to which she is entitled.” 7 25 Verification of amended complaint. 26 Docket entry: June 8, 1951, copy of amended com plaint mailed to Illinois Central Railroad Company. Docket entry: June 8, 1951, set for hearing June 29, 1951, at Chicago. Docket entry: June 13, 1951, petition for leave to in tervene filed on behalf of the Chicago Branch, National Association for the Advancement of Colored People. 27-28 Notice of filing petition to intervene on behalf of Chicago Branch, National Association for the Advance ment of Colored People. 29-31 Petition of National Association for the Advance ment of Colored People to intervene. 32 Docket entry: June 29, 1951, heard by Examiner Helander and continued to September 12, 1951. 34 Transcript of proceedings at hearing before Exam iner Helander June 29,1951. 35 Appearances. 41 Miss Vera J ohnson, called as witness in her own be half, testified as follows: Direct Examination by Mr. Goldstein. My name is Vera Johnson and I live at 3737 State. I have resided in the City of Chicago, County of Cook, State of Illinois, for five years and I am a citizen of 42 the. United States. On July 1, 1950, I took a trip to Canton, Mississippi, on the Illinois Central Railroad and I purchased a ticket at the Illinois Central Sta tion located at 12th and Michigan at approximately 43 7 :30 the same morning. The ticket was an unreserved coach ticket for a round trip and cost $38.75. I was 8 at the station 30 minutes before train time. After pur- 44 chasing my ticket I walked upstairs and waited in line until train time. There is a gate on the second floor with stairs leading down to where you board the train. There were a lot of people in front of me at the gate. 45 There were two persons dressed in Illinois Central uni forms at the gate who punched my ticket. As I went through the gate toward the stairs there was another Illinois Central man who asked me where I was going. I said Canton, Mississippi, and he handed me a card which said “ Car 2 City of New Orleans.” Complain ant’s Exhibit No. 1 is a photostat of a card similar to the card to which I referred. I had three pieces of lug- 46 gage. Car 2 was about the second coach from the en gine and on my way to Car 2 I noticed there were empty coaches and I tried to enter one of them. There was a colored porter there who said, “ You can’t come on here. Show me your ticket.” I showed him my ticket 47 and he said, ‘‘ These cars are for white. ’ ’ There were people in that coach. I went to Car 2 and a porter there took my ticket stamped Car 2 and I got into the coach. When I got in the coach there were 7 or 8 people standing in the aisle and I stood in the aisle for about 48 15 minutes until the train left about 8:0O o ’clock. After the train commenced to move I started toward the back of the train through approximately 6 or 7 cars to look for seats. The passengers in these cars were colored. The cars were all filled and there were people in the aisle with their luggage. When I went through these cars I arrived at a coach occupied by all white people. 49 There were three empty seats in the coach and no one was standing in the aisle. I sat down at the first seat I came to with my luggage beside me. A colored por ter came and said that I couldn’t sit there as it was re- 50 served for white. He asked me to which car I was 9 assigned and he took my luggage and me hack to Car 2. When I got back to Car 2 there were no seats available and I remained standing for approximately 30 minutes 51 or until the train arrived at Kankakee, Illinois, the first stop, where about five people got off Car 2. Of the 7 or 8 that were standing about 3 received seats. The rest of those standing in Car 2 obtained seats about an hour and fifteen minutes later. 52 (Complainant’s Exhibit No. 1 admitted in evidence.) 53 Cross-Examination by Mr. Foster. 54 I don’t know how far the entrance to Car 2 was from the steps, but Car 2 was the second coach from the en gine. All I know is that there was one other coach 55 ahead of Car 2 and then the engine. The physical features of Car 2 were the same as those on the other ears on the train. I started toward the rear of the train when the train left 12th Street and was still go- 56 ing toward the rear when the train reached 63rd Street. I proceeded on back looking for a seat. The conductor had not picked up tickets at that time and I had not passed him any place in the train. In passing back through four or five cars filled with all colored passen gers I don’t remember passing a dining service car 57 but there were dining service cars on the train. I didn’t use any of them. I passed through the dining cars dur ing mealtime but I saw no colored passengers in the 58 dining car. I passed through the diner just once, the first luncheon at about 1:00 and the diner was filled at that time. I don’t recall whether there was an- 59 other diningf car or service car on the train. There was a crowd in front of me in the station waiting to board the train. I didn’t see a red cap and didn’t at tempt to get one since I preferred to carry the bags 10 myself. When I first hoarded the train there were 10 to 12 children in Car 2 and all were seated. I don’t know whether any of the people on the car when I hoarded it were there to see relatives or friends leave. 60 The train left at 8 :00 in the morning which is the nor mal time for people to eat breakfast hut I didn’t notice whether anybody was having breakfast because I didn’t go through the diner. The children in Car 2 were all ages from one year up. 61 Redirect Examination by Mr. Goldstein. When the porter escorted me back to Car 2 there were 8 or 9 adults standing in the aisle. 62 Mrs. Gertrude E stelle, called as witness by Complain ant, testified as follows: Direct Examination by Mr. Goldstein. My name is Gertrude Estelle and my address is 122 East 36th Place. I am a waitress at Mercy Hospital. 63 I have lived in Chicago about 20 years and am a citizen of the United States. On July 1, 1950, I boarded an Illinois Central train in Chicago at the 12th Street Station destined for Durant, Mississippi. My ticket, which I purchased two or three days before July 1 was an unreserved coach ticket for round trip costing around $40. On July 1, 1950, I arrived at the Illinois Central Station at 12th and Michigan about 6 :00 A. M. for the train leaving at 8 :0O, the City of New Orleans. 64 I have made trips on the same train before and so I came early to stand in line because I knew that if I didn’t get there early I wouldn’t get a seat. As I passed through the gate on the second floor my ticket was 1 1 stamped and going downstairs I was given a card similar to that described by Miss Johnson but bear- 65 ing No. 4. As I approached the car someone took the card and I entered the car and found a seat. Before the train left the station there were 7 or 8 people 66 standing in the aisle. About 1 :00 I left my seat to have something to eat. I walked toward the rear of the train through 7 or 8 cars. I don’t know whether 67 there were two diners on the train or not. I went for ward originally. Whatever way the diner was, that was the way I was walking. Going forward I passed through 5 or 6 cars, the first ones being all colored. 68 The colored cars were crowded but everyone was sit ting. In the all-colored cars that I passed through on 69 my way forward people were standing in aisles and sit ting on suitcases. I did not arrive at the diner but went back to Car 4 and sat down. I went to the back of the train just to look around. I passed three or 70 four colored cars in the back of the train occupied ex clusively by colored people. These cars were all crowded with people sitting in the aisles on suitcases. In the first car composed exclusively of white people they were all seated. I went through two or three of these cars and there wasn’t anybody standing but I didn’t notice any empty seats. I have made other trips on the Illinois Central al though previously I haven’t been on the City of New 71 Orleans. That train hasn’t been on so long but I have been going up and down that way for quite a while. I found the makeup of the other trains the same—some for white and some for colored. They haven’t had those cards such as Complainant’s Exhibit No. 1 for long. They used to tell you which cars to go to but they have used cards for the past few years. 12 Direct Examination by Mr. Leighton. When the train stopped at Kankakee no passengers 72 got off the car that I was in nor did I notice any leave it at Champaign or at any point within the State of Illinois. Direct Examination by Mr. Goldstein. 73 I reached my destination at 7 :00 in the evening and some passengers were standing until they got to Mem phis. Cross-Examination by Mr. Foster. I don’t recall how many children there were on Car 4 74 but there were a few. When I got up to go to the diner I don’t know in what direction I went. I didn’t find the diner and when I got hack to Car 4 I sat down and didn’t look for it any further because there were so 75 many people in the aisle and sitting on suitcases that I made up my mind to stay in my seat. The train was crowded that day. I did not pass through the diner on my way to the rear of the train. At the time I went through the train no one attempted to stop me or in terfere with me. 76 Redirect Examination by Mr. Goldstein. When I went to the rear of the train I passed through one or two coaches occupied exclusively by white people and then went back. I saw porters but I didn’t say anything to them nor did I attempt to sit down. I al ready had a seat. 13 77 Mb. K ing S. R ange, called as a witness by Complain ant, testified as follows: Direct Examination by Mr. Goldstein. My name is King S. Range and I reside at 3650 South Michigan. I am pastor of the Range Memorial 78 Church and a member of the Baptist Ministers Confer ence. I purchased a round trip unreserved coach ticket at Illinois Central Station for use July 1, 1950, on the City of New Orleans. I waited in line before going through the gate to the train and as 1 went down the 79 steps a man gave me a No. 2 ticket which I put in my pocket. I did not go to Car 2 but went to Car 9 which was composed of white passengers. As I attempted to enter Car 9 the conductor said, “ Let me see your num ber,” and I said, “ Here is my ticket,” referring to the railroad ticket. He said, “ Have you got a number?” I said, “ Why? Is this a chair car?” He said, “ No, 80 regular, but you had better go around this way.” I continued to approach and he kind of braced me. I attempted to get on the train and when I stepped on the step the porter said, “ This car has a number.” I said, “ I ’m getting on.” He caught my arm and my suitcase and I said, “ I have no number. I have a ticket. I don’t have to have a number. I have a ticket.” I sat down. The car was composed of all white pas sengers except myself. The conductor came twice and looked at me. Subsequently, the porter took my 81 suitcase and said, “ Get out.” During the trip I went forward and backward through the train. Some of the white coaches were filled but there were very few standing. Those who were all walked back. There were some vacant seats in the white coaches. In the colored coaches colored people were standing in every 14 82 aisle and some were sitting on suitcases and in the rest room. I was the man who secured the names of Mrs. Estelle and Vera Johnson as witnesses. When I got hack to the city my organization prepared a reso lution addressed to the Illinois Central Railroad. The resolution was presented to Mr. McEvilly, District Pas senger Agent of the Illinois Central Railroad. 83 I received a letter from Mr. McEvilly on July 19, 1950. (Complainant’s Exhibit No. 2 is a copy of a resolu tion prepared by the Baptist Ministers Conference.) (Complainant’s Exhibit No. 3 is a letter from Mr. McEvilly of the Illinois Central Railroad.) 84 (Complainant’s Exhibits No. 2 and No. 3 admitted into evidence.) 85 In the past few years I have used the facilities of the City of New Orleans and on those occasions I was also handed a card. The makeup of those ears was all colored in certain sections and all white in other sec- 86 tions. On July 1, 1950, the train was made up in the City of Chicago. Cross-Examination, by Mr. Foster. 87 On July 1, 1950, I was going to Durant, Mississippi. When I boarded Car 9 on this occasion I sat down and placed the bag beside me. The porter attempted to move it and I told him to take his hands off and he did. The conductor did not attempt to move me 88 when he came in nor did he say anything to me. I used the dining facilities while on the train. There was one diner and a car having a snack bar located two, 89 five or seven cars from the front. I ate the noon meal on the diner. As I passed toward the rear of the train 15 there were a few white standing but on the way hack 90 to my seat they all had seats. The trips I made through the cars were between 9 :00 and 1:00 and 3 :00, I guess. I couldn’t say just the hours. The appointments and fixtures in the cars that I passed through were a little 91 different. There are two types of coaches and two types of diners. I went into the observation ear on the train twice with my nephew and came near getting thrown out. The conductor threatened us. He said, “ How long are you going to sit here ? ’ ’ and I said, ‘ ‘ Until I reach my destination.” I told Mr. McEvilly what happened. 92 His letter was not altogether in reference to our reso lution. We had a personal conversation and he told me it was a numerical and geographical arrangement. I don’t know whether I can give you the identity of the conductor I spoke of. Redirect Examination by Mr. Goldstein. 93 By 3:00 o’clock there were no white people stand ing. Colored people were standing in the aisle as far as Memphis at which point all of them got seats. Redirect Examination by Mr. Leighton. Colored passengers left the train in the State of 94 Illinois at Kankakee and Champaign. 95 Mr. Foster : At this time the respondent, Illinois Central Railroad Company, would like to make a mo tion to dismiss for want of jurisdiction. It appears from all of the testimony this morning that “ * # * [the complaint] is based on [an] interstate operation, over which the Interstate Commerce Com mission has [exclusive] jurisdiction.” 97 Docket entry: July 5, 1951, petition of the National 16 Association for the Advancement of Colored People, to intervene, granted. Docket entry: July 9, 1951, parties of interest ad vised by letter that the Commission granted the peti tion to intervene. Docket entry: September 12, 1951, case called by Examiner Helander and continued to September 26, 1951. Docket entry: September 26, 1951, case heard by Examiner Helander and continued to October 18, 1951. 99 Transcript of proceedings at hearing before Ex aminer Helander September 26, 1951. 100 Appearances. 103 Mb. E. L. H olmes, called as witness by Respondent, testified as follows: Direct Examination by Mr. Foster. My name is E. L. Holmes and I am employed by the 104 Illinois Central Railroad Company as Assistant Gen eral Passenger Agent. I reside at 4408 North Malden Street. I started with the Illinois Central as a clerk in a local agency. Later I was yard clerk, a ticket clerk, city passenger agent, district passenger agent, traveling passenger agent, and assistant general pas- 105 senger agent. Nearly all of my 39 years with the railroad have been spent in the passenger department. 106 The primary duty of my office is to solicit passenger business for the Illinois Central. We see that the service, as far as the train make-up is concerned, is adequate to take care of the desires of our patrons and 107 we cooperate with the operating department to see that there are enough coaches and other equipment to take care of the needs of our patrons. We also super- 17 vise the loading of trains to see that loading is done 108 correctly. We find it particularly necessary to super vise the loading of the City of New Orleans because of the large number of people using the train. We also supervise the City of Miami to some extent. Most of our trains are not reserved. Only those that carry Pullman cars are reserved. It is not necessary to su pervise the loading of reserved-space trains or, in most cases, of lightly loaded unreserved trains. On 109 heavy travel weekends we supervise all trains. We also supervise the loading of special trains for con ventions, football games, etc. The purpose of super vising the loading is to see that our patrons are prop- 110 erly seated, have enough room, and are courteously handled. The City of New Orleans requires strict loading supervision because it is our most heavily loaded train. We want our patrons to be in the proper location in the train and by that I mean we have cer tain cars for long-haul passengers and other cars for those going short distances, since in a large number of cases, cars going to short distances are cut out when not needed all the way through. The loading practice minimizes accident hazard. It is essential that Illinois 111 Central trains move out of the station on time if at all possible. The loading practice tends to assure the prompt despatch of heavily loaded trains. In making up a loading practice we attempt to follow the desires of passengers as expressed to the Illinois Central. If we have a high school group or a group of Elks or 112 any one traveling together we try to put them in cars together. Platforms of the smaller stations in Illi nois are rather short, making it necessary that we load our patrons so they can be unloaded at a, platform. 113 Accordingly, intrastate passengers are loaded in the middle of the City of New Orleans. This tends to 18 avoid the accident hazard incident to unloading away from the platform. The minimum length of the City of New Orleans is 13 cars or about 1,000 feet. The maximum for the train is 20 cars. Because of the large number of patrons using the City of New Orleans we found it necessary to have 114 a loading practice. We devised a system of cards which are marked according to the number of the car from 1 to 10 with extra numbers such as 7A, 7B, 8A, etc. As patrons pass through the gates a passenger representative standing with the man who punches tickets gives a card to the passenger according to his destination. One of the factors taken into considera tion was the convenience of our patrons. By this load- 115 ing system we do not overload any of the cars and passengers go directly to the car assigned and find space in that car. This eliminates the necessity of carrying baggage long distances through several cars trying to find seats. We have one car at the rear of the train and one car at the head of the train called leg-rest cars which can seat 48. Most of the other cars seat 56 but on heavy mornings when extra cars are needed some cars which seat 52 are used. The 52-seat cars are extra equipment. Forty-five cards are passed out for the 48-seat cars and 50 cards are passed 116 out for the 56-seat cars. This is done to provide for children under the age of five who are not required to have tickets. The cards do not attempt to assign pas sengers to any particular seat in the car or to restrict passengers from going to other facilities on the train after the train is moving. They are merely a sug- 117 gestion as to where they will find adequate accommo dation. We generally load the long-haul passengers in the 48-seat coaches, particularly the New Orleans passengers, because of the leg-rest feature. We want 19 to give long-haul passengers the added comfort of these cars. Intrastate and short-haul passengers are loaded as closely as possible' in the middle of the train in cars which are generally cut out at Carbondale, Illinois, or Fulton, Kentucky. In many eases, where special groups are traveling, we load them ahead of the regular passengers so they might be accommo dated in certain cars on the train. 119 We feel that our method of loading is the best prac tice available and it has proven itself over a number of years. We have had many favorable comments and very few complaints about it. There is no attempt to confine a passenger to any particular car after the train is out of the station. We determine the prefer ence of passengers by conversations with them, from 120 numerous letters received expressing pleasure in rid ing the train, and from observation. I ride the City 122 of New Orleans quite frequently. On these trips I have observed that the people seem well satisfied with the service; that there is very little going from one car to another, except to the dining cars, and that wher ever people are loaded in the manner we suggest, they are satisfied with the service and satisfied after the 123 train leaves the station. 124 The normal loading for the City of New Orleans with, interstate passengers is aboue one-third colored and two-thirds white. If a Negro patron boards the front part of the train he is allowed to sit in the rear of the train if he so desires. Specific instructions are that all members of the public are to be afforded equal rights on our trains and in the use of all facilities 125 irrespective of color or creed. There are no restric tions whatever. Records show that for July 1, 1950, leaving Chicago on the City of New Orleans, there were 310 white passengers and 580 colored. There 20 were 42 white children and 118 colored children under 5 years of age making a total of 1,050 people on the train. That is a ratio of 2 colored persons to 1 white. 126 There were about 40 colored and 15 white persons standing between 63rd Street and Champaign which is also about a ratio of 2 to 1. No tickets are required for children under 5. The purpose of my trips on the City of New Orleans was to observe the service, see that patrons were comfortably seated, and make sure all facilities were adequate and available. Ordinarily, children are given seats in preference to adults. On 129 July 1, 1950, there were 15 coaches on the train. About 9 were filled predominantly with colored passengers and about 6 predominantly with white. The total 130 seating capacity, including the washrooms and the lounges, was 887. Not including lounges and wash rooms, the capacity was 752. There were 163 pas sengers over the actual seating capacity of the train on that day. Only 64 passengers were standing be cause some were doubling up in seats, particularly children, and some were sitting on suitcases. There were two sections to the City of New Orleans 131 on July 1, 1950. The first section was the regular City of New Orleans and went all the way through to New Orleans; the second section went from Chicago to Memphis. The first section was for interstate travel, i. e., for passengers bound for Memphis and beyond. The interstate passengers destined for Memphis and beyond were instructed in the waiting room to load from one gate for the first section, and intrastate pas sengers for Illinois and interstate passengers for Ken tucky and Tennessee, not including Memphis, were in structed to load at another gate and use the second section of the City of New Orleans. If the passen- 132 gers followed instructions at the station, there would 21 have been no intrastate passengers on the first section. The City of New Orleans has no reserved seats and there is no attempt to restrain passengers from chang ing coaches even before the tickets are collected by the conductor. 133 On July 1, 1950, the consist or make-up of the City of New Orleans, starting at the head end, was: the mail-baggage car, passenger dormitory car, coaches designated 1A, IB, 1 and 2, lunch counter-lounge car, coaches designated 3, 4, 4A, 4B, 5, 6, dining car, coaches designated 9A, 9, 10, and the observation- lounge car. The appointments on all the 48-seat cars are the same throughout the train and the appoint ments on the 56-seat cars are the same. The same 134 type of personnel and service are furnished on the diner and the lunch counter-lounge car. The lunch counter-lounge car is available to all patrons on the train. The personnel on the train consists of two con ductors, a baggageman, mail representatives, a porter for each two cars, dining car employes in the dining car and the lunch counter-lounge car, two attendants in the observation-lounge car and a flagman. There is 135 also a passenger representative who sees that people are properly loaded and seated and takes care of any wants of the passengers. In addition, there is a stewardess-nurse on the train to provide service for all passengers. From a safety standpoint there is no difference in riding at the front or the rear of the 136 train. The Illinois Central, through my office, has issued positive instructions to all personnel operating on the City of New Orleans and other trains that all passengers, regardless of race, nationality or other designation, are to have free and equal use of any and all facilities on the train. 22 Cross-Examination by Mr. Goldstein. 137 Besides soliciting passengers, 1 also supervise the 138 loading and the comfort of passengers. On July 1, 1950, we were expecting a large number of passengers. To determine how many passengers will use the train we use the records of the past for the similar time of the year, taking into consideration whether the trend 139 of travel is more or less. Tickets for use on this train 140 might be sold at any railroad office in the United States. The only record we have is the count of the number of passengers on the train. From past rec ords we can estimate the number of children under 5 to be expected on the train. This particular July 1 141 would not be particularly different from the same date last year. As to loading particular groups, if colored Baptists were going to Memphis for a convention, we would attempt to load them together because we know they would wish to be together. The regular loading is according to destination on the ticket and the make- 142 up of the train. I don’t believe we had any special parties on this particular day. Every passenger that 143 went through the gates, whether white or colored, re ceived a card. Cards were given to colored people for 144 certain cars. There were a few colored people in the 146 white coaches. We tried to keep intrastate people off the first section but if they got on the train and showed their tickets, they were given short-haul cards, i. e., 147 cards for cars in the middle of the train. On this date we were assigning colored people to certain cars and white people to other cars according to destina- 148 tion. Sometimes passengers buy interstate tickets for Memphis or New Orleans and stop over at Kankakee or Champaign. 155 The information that people were standing in all 23 parts of the train was received from our passenger representative, William Kaufmann. He is the one who makes the reports showing the number of passen gers handled. The instructions issued to railroad 157 personnel about providing equal accommodations with out regard to race or color were prepared in the form of a circular by the passenger traffic manager some 158 years ago. The circular is seen by all our employes. 159 Cross-Examination by Mr. Leighton. 160 I have lived in the State of Illinois since 1946 and prior to that I lived in Kentucky, Pennsylvania and Minnesota and received my education in Iowa, When 161 special groups are traveling we don’t reserve particu lar places for them but attempt to load them ahead of other passengers, if possible, so they might be to- 162 gether. We do this irrespective of any request from the group. We did not have any advance requests from any colored passenger that he wanted to be with a colored passenger. We did not make up the train in advance for 9 coaches to be occupied by colored people and 6 coaches by white people. The train is made up for the total number of passengers that we expect. I t just happened that the preponderance was 163 9 coaches largely colored and 6 largely white. The 164 card system was started in 1947 -when the City of Miami was put in service. The heavy loading of 165 trains led the company to adopt the card system. In- 166 terstate colored passengers are usually loaded in Cars 167 1, 2, 3 and 4. The number of these cars loaded de pends upon the number of passengers. Interstate long-haul passengers are subdivided as to race—white 168 and colored. The reason this is done is that we find colored folks like to be with their own people. We 169 determine this by their actions. I did not make an 24 inspection trip of the cars in this train on July 1, 1950. I know the condition of Cars 1A, IB, 2, diner lounge, 4A, 4B, 4 and 5, because I was on the train before it 170-171 was loaded. I watched the train as it left the station. I do not know of my own knowledge who was sitting on bags, who was sitting on chairs or who 172 was standing. Of the 15 cars in. the City of New Or leans, there were two 48-seat leg-rest cars, one at the head end of the train, and one at the rear of the train, 173 Car 2 and Car 10, respectively. There were only two 52-sea.t cars, the remainder having 56 seats. In the diner-lounge there is a kitchen, a lunch counter for serving 11 persons, two double sections for serving 174 meals and the rest is lounge space with upholstered chairs. The diner-lounge sells regularly prepared meals and has a menu similar to the diner except that it offers a few more sandwiches. A passenger in Coach 1A can buy the same meal in the diner-lounge that a passenger in Coach 10 can buy in the diner and can get the same service. He may have to sit at a stool but if the sections are available it is just the same as the dining car. The prices in the two cars are ap- 175 proximately the same. Where State law permits, drinks are sold both in the diner-lounge and in the diner. Three waiters are employed in the diner-lounge and there are about five in the diner. There is a waiter-in-charge in the diner-lounge and Usually a steward in the diner but sometimes a waiter-in-charge 177 is there, too. If two passengers approach the gate, both going to Durant, Mississippi, and one is colored and the other white, the colored passenger would prob ably get Car 2 and the other passenger Car 10. 25 179 Redirect Examination by Mr. Foster. It is not possible for the Illinois Central to deter mine through ticket sales the exact number of persons who will use the City of New Orleans on a given day 180 because tickets are sold all over the country and by 181 other railroads for use on our line. Our determina tion. of the number of cars needed on a particular day is based primarily on. past experience. The cards given to passengers do not prohibit them 182 from using facilities on the train other than the cars to which they refer. On July 1, 1950, all of the cars were clean with head-rest covers on the seats and everything was in its proper place. The same type of facilities were used on all the cars throughout the train. I walked through all of the cars on the train. 183 I was standing on the platform, when the train left. It was heavily loaded and there were a few passengers standing in nearly every car. It has been the custom 184 for colored folks using the Illinois Central to go toward the head of the train. When the train ar rives at New Orleans the head cars would be nearest 185 the station or the shortest distance to the exit. Be fore our loading system, was put into effect there was a tendency for the various racial groups to go to the cars where others of like color were situated. Recross Examination by Mr. Goldstein. 196 We know the destination of the cars on the train but this is not shown on the car card. When a passenger comes through the gate the ticket man looks at the passenger and his ticket and assigns him to a car. In this instance colored people were assigned to the 197 first nine cars and white people to the last six. 26 199 Re-redirect Examination by Mr. Foster. The purpose of limiting the number from boarding any particular car, is to prevent 80, 90 or 100 people 200 from boarding a 48-seat car. Each car is marked similarly to the cards given the passengers as they go through the gate. There is a car card in the window and on the door of each car. 202 Me . J. H. Megee, called as a witness by Respondent, testified as follows: Direct Examination by Mr. Foster. My name is J. H. Megee and I am employed by the 203 Illinois Central Railroad as assistant to the division engineer. Respondent’s Exhibit No. 1 shows the posi tion of the City of New Orleans in the train shed on July 1, 1950. The train is shown in red, divided into cars marked with car numbers. This information as to position was taken from the passenger conductor’s 204 car report for that day. Coach 4A is spotted opposite the steps the passengers go down to board the train. The station waiting room is almost directly west of Coach 4B. The train is platted according to infor mation received from the train master. The plat or 205 exhibit is drawn to scale. The steps are shown on the print by red marks west of Coach 4A. The tracks in the train shed are shown by number. 27 207 T homas J. R eid, called as a witness by Respondent, testified as follows: Direct Examination by Mr. Foster. My name is Thomas J. Reid and I am employed by 208 the Illinois Central Railroad as train master, Chicago, a position I have held since 1938. I started in the yard department and I have been chief clerk to the 209 general superintendent, general yardmaster and super intendent of freight service. The territory under my jurisdiction is the Chicago Terminal south of 12th Street. I have supervision over the operation or make up of passenger trains at 12th Street and supervision over the operating employes handling the passenger trains on the Chicago Terminal. It is my duty to see that the trains are promptly despatched. The City of New Orleans is one of the trains which leaves from 210 12th Street, and I am familiar with the location of the train when it is placed for loading. At the present time the City of New Orleans arrives at the station approximately one hour before the scheduled departure time. The south car of the train which is ordinarily the mail or postal car is always placed by the south steam plug so as to provide steam to the train while it is loading prior to the placement of the outbound engines. This train ordinarily has three diesel engines 211 which couple to the south car. Accordingly, it was nec essary to locate the steam plug so as to provide clear ance for the diesel engines with the interlocking plant. If some of the cars were placed south of the south steam plug the engines would foul the interlocking plant and interfere with the movement of incoming or outgoing trains. The City of New Orleans is placed, as I have described, each time it comes into the station for de parture, and it was so placed on July 1, 1950. The purpose of bringing the train in one hour before de parture time is to provide for mechanical inspection inside and outside to make sure all fixtures are work- 212 ing properly. I am familiar with the plat marked Re spondent’s Exhibit No. 1 and it correctly portrays the position of the City of New Orleans when it is placed for departure. There are 9 tracks at the 12th Street Station on which 213 passengers can be loaded or unloaded. There is one southbound lead out of the 12th Street interlocking- plant over which all outbound passenger trains must travel. Respondent’s Exhibit No. 1 shows the station facilities at 12th Street, including the waiting room and the steps leading down to the loading platform. The steam plug to which I referred is right ahead of the line which divides the RPO car. Regardless of 214 the number of cars in the train, the head end of the train is spotted in the same place. If the number of cars in the train were reduced it would change the position of the rear cars of the train. 215 Respondent’s Exhibit No. 2 is a photostat of the conductor’s report showing the consist of the City of New Orleans on July 1, 1950. Under company rules the conductor is required to make this report showing the engine numbers, train crew and consist of the train. 216 On July 1, 1950, four trains besides the City of New Orleans were scheduled to leave 12th Street Station between 8 :00 and 8 :30 A. M. and from an operating standpoint it is important to move the trains out on 217 schedule. It is also important to maintain scheduled meetings with other trains and to avoid delays where 29 it is necessary to sidetrack one train to let another pass. The loading of passengers on our trains where no loading practice is followed is not as prompt and efficient as the loading- of the City of New Orleans. 218 Where we do not use the card system for loading the 219 tendency is for passengers to get on the cars nearest the stairway. In my opinion, the method used in load ing the City of New Orleans is the safest and most 220 expeditious way to handle the number of persons using that train. All the coaches on the train are alike with the exception of seating capacity. 221 Respondent’s Exhibit No. 3 is a photograph of the City of New Orleans taken from the front of the train and correctly portrays the train as I have seen it. Respondent’s Exhibit No. 4 is a photograph of the City of New Orleans taken from the rear of the train and correctly portrays the train as I have observed it. 222 Respondent’s Exhibit No. 5 is a photograph of one car of the City of New Orleans showing the exterior. All cars on the train have the same appearance from the exterior whether they seat 48, 52 or 56 passengers. 224 Respondent’s Exhibit No. 6 shows the interior of a typical lounge car used on the City of New Orleans. Respondent’s Exhibit No. 7 shows the rear view of the same equipment. 225 Respondent’s Exhibit No. 8 shows the seating ar rangements of another typical lounge car. Respondent’s Exhibit No. 9 shows the same car with a rear view of the seats. The appointments in this car are practically identical to all cars. Respondent’s Exhibit No. 10 shows the seating ar rangement on one of the regular coaches used on the City of New Orleans. 30 226 Respondent’s Exhibit No. 11 is a photograph of the washroom. Respondent’s Exhibit No. 12 shows a view facing the seats of a regular-type coach used in the City of New Orleans. Respondent’s Exhibit No. 13 shows a similar ar rangement of seats in typical cars used in the City of New Orleans. Respondent’s Exhibit No. 14 is another view of a 227 car of the type used in the City of New Orleans. Respondent’s Exhibit No. 15 shows the leg-rest in 48-seat cars used in the City of New Orleans. Respondent’s Exhibit No. 16 shows the same type of leg-rest from, a different angle. Respondent’s Exhibit No. 17 is a photograph of the typical lounge-diner used in the City of New Orleans showing table and counter accommodations. 228 Respondent’s Exhibit No. 18 shows the counter and the seating arrangement at the counter in the diner- lounge car used on the City of New Orleans. Respondent’s Exhibit No. 19 shows the counters in the lounge-diner car and correctly portrays the car as I have observed it. Respondent’s Exhibit No. 20 shows the same car from a different position. Respondent’s Exhibit No. 21 shows the typical din ing car used on the City of New Orleans. 229 Respondent’s Exhibit No. 22 is a photograph of the observation car from the rear looking toward the front. Respondent’s Exhibit No. 23 shows the same car looking from front to rear and taken from about the center of the car. 31 Respondent’s Exhibit No. 24 is another view of the observation car. 230 All of these facilities are open to all members of the public. If a person went down the steps from the waiting room to reach Car 2 on the City of New Orleans he would pass Coach 4, Coach 3, the diner lounge, and 231 enter between Coaches 2 and 1. On July 1, 1950, the middle of the train would be to the north or back of the stairs from the waiting room, so actually the cars in the front-half of the train were closer to passengers boarding the train than were the cars in the last-half of the train. From my observation of loading other trains, there is a tendency on the part of the public to load in cars closest to them as they come down the steps from the waiting room. Cross-Examination by Mr. Leighton. 233 In making up the City of New Orleans we have no specific directions as to the number of cars to be oc cupied by any particular race or color. No one has given me instructions as to arranging cars to ac- 234 commodate particular races or colors. The card sys tem used on the City of New Orleans contributes to 236 safety of the passengers. It is not necessary for safety that colored persons be loaded in the front of the train and white people in the rear. The card system is used 238 only on the City of New Orleans because of the large number of passengers making use of that train. 32 242 W i l l i a m R. K a u p m a k n , called as a witness by Re spondent, testified as follows: Direct Examination by Mr. Foster. My name is William R, Kaufmann. I am employed by the Illinois Central Railroad as passenger repre sentative. I reside at 2317 North Rockwell. My duties 243 a re : To see that the porters are all there prior to loading, that the equipment is clean, to assist in load ing passengers and, after departure, to see that every one is comfortable. By use of car cards we attempt to obtain a balanced load. I have been employed by the railroad for 12 years and have held my present posi- 244 tion for 2J years. On July 1, 1950, I rode the first sec tion of the City of New Orleans and observed the pas sengers using the train. After each trip I submit a report showing the number of passengers on the train. On the day in question, there were 1,050 passengers on the train. There were many colored passengers seated all the way through the train and it seems that the white passengers were loaded from about the mid dle on back with the colored mixed right in with them. 245 There is no assignment of seats on the City of New Orleans based upon race, color or creed. On the day in question, over 300 passengers did not have what we term proper accommodations, i. e., did not have a reg- 246 ular seat in a coach. There are approximately 5 other seats available in each car, 3 in the men’s washroom and 2 in the women’s lounge. With these seats occupied in each car there were approximately 150 passengers standing. Those forced to stand were of both races. Colored passengers under company rules are permitted to use all facilities on the train. There is no attempt 33 by me or any one under my supervision to restrain colored people from going through coaches to obtain seats in other coaches where available. From my ob- 247 servation colored passengers as well as white use all the facilities on the train. I have had numerous re quests from passengers to have their seats changed and these requests have been honored where seats in 248 other cars are available. The reason for the requests are usually an uncomfortable car or air conditioning 249 failure. There were some intrastate passengers on the first section of the City of New Orleans on the date in question because they insisted they wanted to ride that train and were permitted to do so in spite of the announcement made in the station that the first section was for interstate travel—Memphis and beyond. From 251 my observation, the facilities and conditions on the train July 1, 1950, were identical to or similar in all respects to the facilities and conditions shown in Re spondent’s Exhibits Nos. 3 to 24, inclusive. 256 Docket entry: October 18, 1951, heard by Examiner Helander and continued to November 19, 1951. 258 Transcript of proceedings at hearing before Exam iner Helander, October 18, 1951. 259 Appearances. 261 W i l l i a m : R. K a t jf m a n n , recalled as witness by Re spondent, testified as follows: 262 Cross-Examination by Mr. Goldstein. I am. the same Mr. Kaufmann who testified in this proceeding on September 12, 1951. I was passenger representative on the City of New Orleans and my immediate superior on the train was the conductor. 34 263 When I return from a trip I submit a written report to Mr. Fitzpatrick, General Superintendent of Trans portation, and Mr. Kimbel, Passenger Traffic Mana- 264 ger. When passengers come through the gate of the station I am one of the men who hand out cards which are used to facilitate loading and to avoid overcrowd ing of any one car so as to obtain a balanced load. I received oral instructions from my superiors as to treatment of white and colored passengers when I 266 first started working for the railroad. These instruc tions were to load through (interstate) colored pas sengers in the head end of the train and to load all Illinois (intrastate) passengers, regardless of color, in the center of the train. Assignment of seats on 267 the City of New Orleans is based upon destination of the passenger. The loading of through colored passengers, such as the Complainant, whose destina- 269 tion was Mississippi, is based upon color. If two passengers, one white and one colored, appeared at the gate, and both were going to Canton, Mississippi, I would give the colored passenger a card to go to the 275 head of the train and the white passenger a card to go to the rear of the train. On July 1, 1950, there were 9 cars occupied predominantly by colored pas sengers and 6 ears predominantly by white passengers; there were about 15 or 20 colored passengers in with 276 the whites in Cars 9A and 9B. There were other colored passengers all the way to the rear of the train, 277 including the observation car. On the day in question, there were 40 colored people standing and 15 whites. 278 There were a total of 300 passengers on the train who did not have proper accommodations, i.e., a coach seat. There are 5 additional seats on each coach, 3 in the 282 men’s washroom and 2 in the women’s lounge, on each of the 15 coaches. One hundred seventy of the pas sengers who did not have proper accommodations had seats in the diner-lounge and in the diner. There were only 55 passengers on the train who did not have 285 seats. In using the card system, we do not designate seats in the men’s washroom or the women’s lounge. Passengers go to the lounges for seats when the cars are crowded. Redirect Examination by Mr. Foster. 286 When a passenger boards the train there is no at tempt to assign him to any particular seat since the card merely refers him to a car. Once the passenger is on the car assigned to him he is free to go to other parts of the train. It is common for children to double up and sit two and three in a seat and I saw children sitting in this manner on July 1, 1950. 287 Recross-Examination by Mr. Goldstein. On the day in question I was in all parts of the train and my attention was not called to the complaint of Vera Johnson. No one told me that she tried to enter a car occupied by white passengers or that she was forced to move. There were no complaints at all to me on the day in question from colored passengers. 288 Colored passengers have asked if they had to stay in the cars assigned and I have told them that they did not and that they may sit wherever they wish. 36 289 E. L. H o l m e s , a witness for Respondent, recalled for further cross-examination, testified as follows: Re-recross Examination by Mr. Goldstein. On the day in question, the total seating capacity of the City of New Orleans, including lounges and 290 washrooms, was 887. There were 163 passengers over 292 the actual seating capacity of the train. Of the 163, 293 55 were standing. Sixty can be accommodated in the dining space. The remaining 48 were either sitting on suitcases in the aisles or were children accommodated 296 on their parents’ laps. When I testified previously, I did so from records and from what I observed on the loading platform. Re-recross Examination by Mr. Leighton. On days when the traffic is heavy we have a card 297 which reads “ Observation Lounge.” This lounge is a car at the end of the train with de luxe upholstered seats with sections for people wishing to be served 299 drinks. On the day in question, no colored person was given a card for the “ Observation Lounge” Car. There is another lounge car with de luxe accommoda- 300 tions located back of Car No. 2 and it is called the diner-lounge. The diner-lounge is made up of a dining section, including 11 stools for counter service, 2 serv ing sections, and the rest with de luxe upholstered 301 lounge chairs and settees. The accommodations in the diner-lounge differ from the observation-lounge only 304 in that the former has facilities for dining service. The accommodations in the observation car and in the diner-lounge, insofar as passenger-comfort and care 305 are concerned, are exactly the same. Respondent’s 37 Exhibits Nos. 22 and 17 show that the make-up of the diner-lounge is different from the observation ear, but the accommodations as far as ease and comfort are concerned are the same. If I had been a passenger on the train on the day in question, I would not have 306 preferred one of these facilities over the other. In addition to the observation-lounge car at the rear of the train there was a regular diner with facilities as shown by Respondent’s Exhibit No. 21. There were no tickets given for the lounge car in the forward part of the train, and it was for the use of any one who 308 wished to be accommodated there. We don’t ordinarily pass out cards for the observation car, but on the date in question, with 1,050 people on the train, we were trying to find space for them somewhere. No seats 310 were assigned in the observation car. Passengers in the forward part of the train were in a preferred posi tion because no cards were given for the diner-lounge car, and any one who didn’t have a seat could go to that car, but the observation car on the rear of the train was filled by using the card system and people in the rear of the train were unable to go to the ob servation car to find a seat. 314-315 I have with me a copy of the company’s written instructions to employes prohibiting segregation. 316 Docket entry: November 19, 1951, case called by Ex aminer Helander and continued to November 29, 1951. Docket entry: November 29, 1951, case called by Ex aminer Helander and continued to December 14, 1951. Docket entry: December 14, 1951, heard by Examiner Helander and continued to January 21, 1952. 318 Transcript of proceedings at hearing before Exam iner Helander, December 14, 1951. 319 Appearances. 334 (It was stipulated and agreed by and between the parties through their respective counsel that the photo graphs represented by Respondent’s Exhibits Nos. 3, 4, 5, and 10 through 38, inclusive, were taken by a duly qualified photographer and developed and printed by him on the following dates: Exhibits Nos. 3 and 4, on June 25, 1947. Exhibit No. 5, on April 1, 1947. Exhibits Nos. 10 and 11, April 1, 1947. Exhibits Nos. 12 to 16, inclusive, on August 6, 1951. Exhibits Nos. 17 to 21, inclusive, on July 2, 1947. Exhibits Nos. 22 to 25, inclusive, on September 15, 1950. Exhibits Nos. 26 to 30, inclusive, on November 8, 1951. Exhibits Nos. 32, 35, 37 and 38, on November 8, 1951. Exhibits Nos. 31, 33 and 36, on November 7, 1951. Exhibit No. 34, on November 21, 1951. and that said photographs truly and correctly repre sent the condition of the equipment pictured as of the dates the photographs were taken by the photog rapher.) 336 Mr. W. J. K enworthy, called as witness by Respond ent, testified as follows: Direct Examination by Mr. Foster. My name is W. J. Kenworthy and I reside at 851 East 87th Street, Chicago, Illinois. I am a conductor for the Illinois Central assigned to the City of New 337 Orleans, northbound and southbound. I have been a conductor for about 3 years and work between Chicago and Centralia, Illinois, and return on the northbound 338 movement the same day. I was conductor of the City 39 of New Orleans on July 1, 1950. Respondent’s Exhibit No. 2 is a report made and signed by me which shows the consist of the City of New Orleans on the day in question. After the train is placed in the shed at the station I go to the head or south end of the train 339 and take the numbers from the rear of each car. Other than a very heavy load, there was nothing unusual about the trip on July 1, 1950. As conductor I get the train orders, register on the train register, show the orders to the flagman, engineer, fireman and baggage man, and then go through the train inspecting the cars on the inside, to see that supplies are adequate and porters are in their position. If any part of the train is found to he in improper condition, I report to the 340 train master at the station and if necessary the car would be taken out of the train. That would he done after I make the consist report. An inspection of the train on the date in question showed everything to be 341 in order. I am charged with responsibility for the operation of the train while it is under my jurisdiction 342 which begins when we leave the 12th Street Station. While the train is standing in the 12th Street Station it is under the train master’s control. The only instruc tions I have as to seating of passengers are to find seats for them if seats are available. The City of New Orleans is an unreserved all-coach train. When the 343 train left 12th Street on July 1, 1950, it was loaded to capacity and some passengers were standing. The first stop after leaving 12th Street is 63rd Street where additional passengers board the train. On the day in question the City of New Orleans was run in two sec- 344 tions. I start collecting tickets after we leave 63rd Street, beginning at the head end of the train, and a conductor-helper starts from the rear of the train. On 40 the day in question we had not taken all the tickets on the train until after the train left Kankakee. Each 345 coach on the City of New Orleans has the same type seat, the same walling, and the same lighting arrange ment. Respondent’s Exhibit No. 14 is a photograph of Car 2610 which was the second car from the rear of the train on July 1, 1950. The photograph correctly portrays the conditions of the car as they existed on 346 July 1, 1950, prior to the time the passengers boarded the train. Respondent’s Exhibits Nos. 15 and 16 are photographs of the leg-rests on Car 2610!. The leg-rests were fastened to the back of the seat when I inspected 347 the car. I did not observe them later in the trip when they had been lowered by the passengers. There were no complaints that the leg-rests were not in working order. Respondent’s Exhibits Nos. 17, 18, 19 and 20 are photographs of Car 4200 which is the diner-lounge 348 on the train and was located 7 cars from the head of 349 the train. Respondent’s Exhibit No. 21 shows the inte rior of Car 4107. I t was the dining car used on the day in question, and was located 14 cars from the head of the train. When I made my inspection of the train the waiters were not in the car, but the conditions of 350 the car were substantially the same as those shown in 351 the photograph. Respondent’s Exhibits Nos. 22 through 25, inclusive, portray the equipment on Car 3305 which is similar to Car 3306, which was the observation or 352 19th car on the train. Respondent’s Exhibit No. 26 shows the equipment on Car 2611 which was the 6th car from the head end of the train. When I inspected the car it was substantially the same as shown in the photo- 353 graph. Respondent’s Exhibit No. 27 is a picture of Car 2615 which was the 17th car from the head of the train and the conditions shown in the Exhibit are the 41 354 same as they were on July 1, 1950. Respondent’s Ex hibit No. 28 shows the interior of Car 2617 which was the 13th car from the head end of the train and cor rectly portrays the conditions of the car at the time I 355 inspected it on July 1, 1950. Respondent’s Exhibit No. 29 is a picture of Car 2619 which was the 9th car from the head end of the train on July 1, 1950, and on my inspection the conditions of the car were substantially as shown in the Exhibit. If there had been anything un usual about the car, I would have noticed it upon in spection. Respondant’s Exhibit No. 30' is a picture of 356 the interior of Car 2624 which was the 5th car from the head end on the day in question and shows the car in substantially the same condition as I observed it. 357 If, upon inspection, anything unusual is noted, it is included in my report. Respondent’s Exhibit No. 31 is a picture of Car 2626 which was the 16th car from the head end of the train and the Exhibit portrays the car in substantially the same condition as I observed it. Respondent ’s Exhibit No. 32 is the picture of Car 2629 which was the 10th car from the head end of the train. 358 The conditions shown in the Exhibit are substantially as I observed them. Respondent’s Exhibit No. 33 is a picture of Car 2633 which was the 4th car from the head end of the train. The Exhibit portrays the con- 359 ditions of the car as I observed them. Respondent’s Exhibit No. 34 is a picture of Car 2634 which was the 12th car from the head end of the train and correctly 360 portrays the conditions of the car as I observed them. Respondent’s Exhibit No. 35 is a picture of Car 2639 which was the 3rd car from the head end of the train 361 correctly portrays the conditions of the car as I ob served them. Respondent’s Exhibit No. 36 is a pic ture of Car 2694 which, was the 11th car from head end of the train and correctly portrays the conditions of 42 362 the car as I observed them. Respondent’s Exhibits Nos. 37 and 38 are pictures of Car 4200 which was the 7th car from the head end of the train and these exhibits correctly portray the conditions of the car as I observed them. Different views of the same car are 363 shown on Respondent’s Exhibits Nos. 17 to 20, inclu sive. There were no notations made in my report of any improper maintenance or condition of any of the cars on the train. I am instructed by the management of the Illinois Central Railroad to seat passengers wherever seats are available. I am not instructed to enforce any policy of segregation whatsoever. Negro passengers are normally at the head end of the train 364 but they are permitted to go through the train to the rear and find seats for themselves if they so desire. Negro passengers are allowed equal use of the other facilities such as the diner-lounge, diner and obser vation cars, and they make use of these facilities. I have observed Negro passengers as well as white pas- 365 sengers using all facilities of the train. After we left 63rd Street I was not back to the rear of the train to observe the other facilities. 366 Docket entry: January 21, 1952, heard by Examiner Helander and continued to January 24,1952. 368 Transcript of proceedings at hearing before Exam iner Helander, January 21, 1952. 369 Appearances. 43 371 Me. A. P. L i l l i e , called as a witness by Respondent, tes tified as follows: Direct Examination by Mr. Foster. My name is A. P. Lillie, and I reside at 8214 South 372 Drexel Avenue, Chicago, Illinois. I am passenger flagman for the Illinois Central assigned to the City of New Orleans, southbound and northbound, and have been so employed for the last 4 years. Prior to that I was flagman on other Illinois Central trains. I went out on the first section of the City of New Orleans as 373 flagman on July 1, 1950. The City of New Orleans 374 had more cars than normal which indicates that it was a heavy day. My duties as flagman are to protect the rear of the train and watch for and pick up train or ders from the order boards at stations. I am stationed 375 somewhere around the rear two cars, but I have noth ing to do with collecting tickets. There would be noth ing unusual about Negro passengers being in the last 376 two cars. If any complaints had been made by pas sengers in the last two cars, they would have been brought to my attention, and I would have reported them to the conductor. 378 Mr. R obert G. R itter, called as a witness by Respond ent, testified as follows: Direct Examination hy Mr. Foster. My name is Robert G. Ritter and I reside at 13900 379 South Dearborn, Riverdale, Illinois. I am a dining car steward for the Illinois Central Railroad and have been so employed for 4 years. On July 1, 1950, I was as signed to the dining car on the City of New Orleans. 44 My duties are to seat the passengers, see that food is properly served, give and pass checks, see that every thing is kept in order, and cash out the customers 380 as they complete their meals. On this date we were operating a 36-seat diner, Car 4107, which is correctly 381 portrayed in Respondent’s Exhibit No. 21. In the diner there are 6 stations. Each station consists of a table of 4 and a table of 2 served by a waiter. Prior to the departure of the train we work 2 to 3 hours preparing food, loading supplies, getting everything clean and setting the tables prior to receiving pas- 382 sengers. On July 1, 1950, in the diner we served mem bers of both the Negro and the Caucasian races. It would be very unusual to serve members of only one race and we have no instructions for segregating mem bers of the races. If a Negro passenger presents him self for service in the diner, he would be seated with 383 other passengers if seats were available, otherwise he would have to wait. The same would be true if a white passenger presented himself. E lliott J. Bell, called as a witness by Respondent, testified as follows: Direct Examination by Mr. Foster. 384 My name is Elliott J. Bell and I reside at 5629 South 385 Calumet Avenue, Chicago, Illinois. On July 1, 1950', I was waiter-in-charge of the diner-lounge. My duties are essentially the same as a steward in the dining car. 386 Besides myself there are 2 cooks and 2 waiters in the diner-lounge. We serve breakfast, lunch and dinner and have a regular menu. In the diner-lounge there is a circular counter with 10 seats, 4 seats on each side of the car for serving meals at the table and the rest 45 of the ear is a lounge, consisting* of upholstered seats with tables in front of them for serving drinks mostly, 387 but are used for serving food when we are over crowded. Respondent’s Exhibits Nos. 17, 18, 19 and 20 correctly portray the dining section of the diner-lounge car, Car 4200. Respondent’s Exhibits Nos. 37 and 38 correctly portray the lounge portion of the same car. We report to work at 6 :00 A. M. to load supplies, prepare food so as to be ready to receive passengers at 388 7 :30 A. M. There was nothing unusual about the trip on July 1, 1950, except that the train was unusually crowded and we had passengers seated in the diner- 389 lounge car. It is customary for members of both races, Caucasian and Negro, to use the diner-lounge and mem bers of both races used the car on July 1, 1950. We have no instructions as to service of particular races. 390 We serve all patrons who ask for service. If colored persons inquire about using the diner on the train they are told they may do so if they wish. Mb. W. H. A nthony, called as a witness by Respondent, testified as follows: Direct Examination by Mr. Foster. 391 My name is W. H. Anthony and I reside at 2302 South Wabash Avenue, Chicago, Illinois. I am train porter on the Illinois Central and assigned to the City of New Orleans, northbound and southbound. I was working on the City of New Orleans on July 1, 1950. My duties are to see that the cars are properly set up, lighted, that all facilities are on my cars and that they 392 are ready to receive and discharge passengers. On July 1, 1950,1 was assigned to Cars 4A and 4B, bearing numbers 2629 and 2694. Respondent’s Exhibits Nos. 46 32 and 36 are pictures of these cars and correctly por tray their interior views prior to departure on this date. 393 The traffic was unusually heavy on July 1, 1950. I helped the passengers into the car. There are no assigned seats in the cars and passengers may sit where they choose. In my cars on that day there were 394 members of both the Negro and Caucasian races. If a passenger in either of my cars desires to go to another car, it is his privilege and I tell him he may do so if he wishes, irrespective of his race. On this particular day there were standees on both my cars and the vestibule and aisles were full. There is nothing unusual in having members of both races in the cars in which I am 395 in charge. It is a common occurrence. We loaded them that way coming out of Memphis yesterday. When passengers present themselves for admittance to the car I take their cards but if they have cards marked for other cars I refer them to that car. I went as far as 396 Memphis on this date and in my cars there were pas sengers who had not received seats up to that time. There were quite a few children in my cars. A lot 397 of the children were seated in regular seats with their parents. 398 Stamp of Clerk of Superior Court of Cook County, Illinois, showing Part 2 of record of Illinois Commerce Commission filed with the Clerk of Superior Court August 28:, 1952. 400 Docket entry: January 24, 1952, heard by Examiner Helander and continued to February 11, 1952. 402 Transcript of proceedings at hearing before Ex aminer Helander January 24, 1952. 403 Appearances. 47 405 Mr. P aul E. B iokenbach, called as a witness by Re spondent, testified as follows: Direct Examination by Mr. Foster. My name is Paul E. Bickenbach and I reside at 7425 South Shore Drive, Chicago, Illinois. I am General Superintendent Dining Service for the Illinois Cen- 406 tral Railroad and have been in the dining car depart ment since 1928. As General Superintendent I manage 407 the department and issue instructions to employees. I am in charge of the operation of all cars serving food and beverages and of one restaurant. Most of my time is devoted to service on the dining cars. The employees in charge of the cars have been instructed to seat and serve all people entering the cars, whether the person 408 be white or colored. To enforce these instructions in spectors are employed who frequently board the trains to observe the service and see that all instructions are carried out. I ride the train myself to see that the instructions are followed and in all cases that I have 409 observed they were being followed. If complaints were filed with the Illinois Central insofar as treatment in the dining service was concerned, they would be di rected to me. The last complaint was received about a year and a half ago and action was taken to correct it. The instructions that all persons presenting themselves for service in the dining cars were to be treated equally have been in force for many years and were in force on July 1, 1950. iCross-Examination by Mr. Goldstein. 410 The instructions to which I refer are written. 411 About a year and a half ago a colored person com plained that a steward in the dining car had seated 48 someone else ahead of him but an investigation dis- 412 closed this not to be the fact. On July 1,1950, the dining car was the 14th car from the head end of the train. There were 4 cars behind the diner not including the 413 observation-lounge car. It is the practice to place the dining car near the rear of the train and the diner- lounge in the front part of the train. The diner-lounge consists of a combination lunch counter, table service 414 and lounge facilities. On this car there are 2 or 3 waiters and one or two cooks, depending on the vol ume of business. Drinks are served on the car in glasses. There is no steward on the diner-lounge but there is an employee titled “ waiter-in-charge.” In the 415 diner-lounge a person can buy a drink and sandwiches although the menu is not as elaborate as the one in the diner. Comparable meals to those served in the diner can be purchased in the diner-lounge except in the latter a full course dinner is not offered. When a person buys a drink in the diner-lounge there are lounge seats avail able for him. 417 Cross-Examination by Mr. Leighton. On July 1, 1950, we served food in the observation car although the majority of the business was bever- 418 ages. This is strictly a lounge but sandwiches and coffee are available. At the present time food is served in the observation car only after 8 :00 P. M. Before 8.00 P. M. only beverages are served in the car. On this car 419 food-service was terminated about 11:00 P. M., the same time it was discontinued in the diner-lounge. Drinks are served in the diner-lounge before 8 P. M. It is the general practice to consume a drink in the car in which it is purchased. On July 1, 1950, sandwiches 420 were available in the observation car throughout the 49 422 day, but, as previously stated, the practice is different today. On July 1, 1950, there were 4 cars between the baggage car and the diner-lounge all occupied by pas sengers. Redirect Examination by Mr. Foster. 422-423 There were 6 coaches between the diner-lounge and the diner and 5 cars behind the diner including the observation ear. The train is divided by these dining facilities. The diner-lounge car is a new service started by the railroads in the last 10 years to provide an additional variety of service combining lunch counter, table service and beverage services for those people who do not desire full dining car service. It has been the trend with railroads to use a diner-lounge, diner and observation car to provide this greater vari- 424 ety of service. The facilities of the diner-lounge and observation car are open to all members of the public irrespective of race, color or creed, and they always have been. They are used by all members of the public. Recross Examination by Mr. Goldstein. I don’t know whether the diner and the diner-lounge 425 were used by both white and colored on July 1, 1950. There are 12 tables in the dining car which can accom modate 36 and are served by 6 waiters, one for each two tables. Cloth napkins are used but the tables do not have tablecloths. Breakfast, lunch and dinner are 426 served in the diner and the food is usually prepared by 4 cooks. The diner-lounge has counter facilities for 10 people plus 6 tables. The first two tables can 427 accommodate 8 people. At the end of the car there are two more tables that can accommodate people desiring 50 service. In front of these two tables there are 10 428 chairs which may be used by people who wish to smoke, relax or drink. On the day in question, if a passenger had a cocktail he received a paper napkin; if he had food, he received a cloth napkin. Recross Examination by Mr. Leighton. A passenger at the rear of the train who has never ridden before possibly doesn’t know, unless he makes inquiry from the porter, that there is a diner-lounge in the front part of the train. If he is accustomed to 429 traveling, he knows trains provide certain facilities and will probably ask which are available. I suppose normally a person at the rear of the train, when he reached the diner, would stop there. Breakfast, lunch, and dinner are announced on the trains but there is no announcement that there are two facilities for dining 430 available. 432 Me, C. J. F itzpatrick, called as a witness by Respond ent, testified as follows: Direct Examination by Mr. Foster. My name is C. J. Fitzpatrick and I reside at 915 Argyle, Flossmoor, Illinois. I have been with the Illinois Central twenty-seven years and am now Gen eral Manager of the Northern Lines of the Illinois Central. I have general supervision over all phases 433 of the operation of trains. It is the practice of the Illinois Central to treat all members of the public presenting themselves for transportation, alike, re gardless of race, creed or color, and regardless 434 of the train. I have staff meetings with my officers from time to time and instruct them how members 51 of the public who use our trains are to be treated. 435 Our instructions are that every one is to be treated alike and my subordinates are so informed. These in structions are verbal and have been in effect and have 436 constituted the practice for a number of years. Re spondent’s Exhibit No. 39 is a certified copy of an 437 order entered by the Commission which held that there was no discrimination, in our method of handling pas sengers. This order dealt specifically with the train known as the City of New Orleans. 438 (Respondent’s Exhibit No. 39 admitted in evidence.) 439 Cross-Examination by Mr. Goldstein. In a general way I am the person by whose author ity the car cards are issued to passengers. It is the general practice when a Negro passenger presents him self for transportation on the City of New Orleans to 440 give him a card for the front of the train and to give a white passenger a card for the rear of the train. The front of the train is usually occupied by colored and the rear by white passengers but I would not call this segregation. It is an orderly loading of the train and after the passengers get on the train they may go 441 wherever they wish. Our years of experience in han dling passengers showed us that colored people as a group prefer to stay and sit together. I have nothing in writing to indicate the preference of colored people. It is just our experience, as when you go to the ball game, you prefer to sit with people you know. It is 442 not segregation to put people of one race in a certain section and people of another race in another section because we do not make them stay in the car to which they are originally assigned. I am not familiar with any resolution which may have been sent to Mr. McEvilly. 52 445 Cross-Examination by Mr. Leighton. 446 Representatives of the passenger and operating de partments confer on and decide matters of loading and things pertaining to the handling of passengers. No conferences are held in relation to the loading of a 447 particular train on a given date. A colored passenger going to Durant, Mississippi, would ordinarily get a card for the head of the train and a white person going to the same destination would ordinarily get a card for one of the rear cars. Orderly loading procedure 448 has dictated this as a policy. The reason the card system contributes to an orderly loading procedure is that the City of New Orleans is a very heavily patron ized train. We used to direct them by hand or mouth but with the heavy volume of people it was more or derly to give them a card which would normally guar antee them a seat by using a certain number of cards for each car. Some coaches used to be overloaded and 449 some underloaded, but now we know when the coaches are Med and this knowledge provides for an orderly distribution of the traffic. After passengers get on the train they are assured of a seat and then can go any place in the train they wish. Before adopting the card system it was almost impossible to distribute the load since we couldn’t keep count and might get 70 in one car and send only 25 to another. If all people going to one destination, regardless of color, were directed to the head of the train and so continued backward to the rear of the train, that would distribute the load, but would not be orderly loading because the volume of traffic would congest the platform and as our experience has taught us that our passengers want to stay in groups it is better to separate them as we do, not necessarily by race but by placing passengers together who are going to the same destination. Be- 53 451 cause of the size of station platforms short-haul pas sengers are loaded in about the middle of the train. Our company maintains a Public Relations depart- 452 ment. My department does not have a section that keeps track of public opinion by press and radio. I have never read the “ Chicago Defender,” “ Pitts burgh Courier,” “ Ebony,” “ Amsterdam News” or 453 the “ Afro-American.” Our company has received communications from organized groups of Negroes ex- 454 pressing a desire to be together on trips they make on our trains. Frequently the operating department re ceives a transportation notice from the passenger de partment directing us to hold one car for a certain number of people who wish to travel in a group. I don’t know if the company has received letters from individuals asking to be seated with a particular group. 455 People who travel on the Illinois Central sometimes do so alone and at other times may be with a group. I don’t know if the company has received any com munications from persons traveling individually ex pressing a. desire to be placed in a car with their own race. I don’t know if the company has made a study to analyze the desires of passengers concerning their wish to be placed in a car with members of their own 456 race. I t has never come to my knowledge that any of our porters or conductors have restrained people from moving from one car to another. Mr. W . J. K e l n w o r t h y , a witness for Respondent, re called for cross-examination, testified as follows: Cross-Examination by Mr. Goldstein. 458 I am the same Mr. Kenworthy who testified here on December 14, 1951. I was conductor on the City of 459 New Orleans on July 1, 1950. I am familiar with the 54 card system whereby colored passengers are generally loaded in the front of the train and white passengers 460 at the rear of the train, and they were so loaded on the day in question. I started collecting tickets in Car 1A working toward Mr. Lindquist who had started 461 at the rear of the train. The train was unusually crowded and people were standing in the vestibules and aisles and sitting on suitcases. The first stop after 63rd Street is Kankakee where some passengers got off but I don’t know whether any were colored. 462 The same is true for Rantoul, Champaign and Mat- toon. I could only tell you how many got off and not whether they were white or colored. There were still 463 passengers standing and sitting in the aisles and vesti bules in the front of the train at Centralia. A child under 5 needs no ticket; upon reaching that age a child is entitled to a half-rate ticket. I do not remember 464 how many children there were on the train on that particular date. Respondent’s Exhibit No. 15 is a photograph of Car 2610 which has the leg-rests and was the 2nd car from the rear of the train. There was another car like this one, number 2611, Car No. 465 2 on this train and placed near the front of this train. The leg-rests are attached to the back of the next seat to the front. Counting from the baggage car, the ob- 466-467 servation-lounge car, No. 3306, was 18 cars back at the rear of the train. The observation-lounge has chairs for 24 and a bar in the middle of the car. Smoking 468 is permitted any place on the train. There are also tables in the observation car, making the total seating capacity 48. If a person wishes to smoke in the diner-lounge, there are 10 chairs available, and that car was 7th from the front end of the train. The ob servation car is no more spacious or luxurious than the diner-lounge. 55 471 Cross-Examination by Mr. Leighton. While taking tickets, I don’t remember in which 472 car I met the assistant conductor who had started tak ing tickets from the rear of the train. Ordinarily I start collecting tickets out of 63rd Street, but the last 473 few days before holidays I started out of 12th Street. Car 2610, shown in Respondent’s Exhibit No. 15, has 48 seats with leg-rests. From looking at Respondent’s 474 Exhibit No. 26 one could not make an accurate count 476 as to the number of chairs in the ear. From my ex perience as conductor I know that Car 2611 seats 48 people and has leg-rests. In all trips from Chicago to 477 New Orleans, where available, one leg-rest car is put near the front of the train and another near the rear of the train. If none were available, a different car would be added to the train. Car 2611 was used on the City of New Orleans on July 1, 1950. 478 Mr. A, P. Linux?., a witness for Respondent, recalled for cross-examination, testified as follows: Cross-Examination by Mr. Goldstein. I am the same Mr. Lillie who testified here on Decem ber 21, 1951. I am flagman and worked on the City of New Orleans on July 1, 1950. My duties are to protect the rear of the train and watch for train or- 479 ders, etc. If someone makes a complaint to me and I can’t take care of it, I report it to the conductor. Occasionally I load and unload passengers. On the 480 day in question I worked between the last two cars in the train and I am familiar with the railroad policy of issuing car cards. In loading I instructed people to go to the car designated by the card. In the train 56 white and colored passengers are mixed, I have had 481 colored passengers with cards back where I work. There are quite a few colored passengers given car cards and referred to the front of the train. As far as I know, white passengers and colored passengers 482 are referred to either part of the train. There are lots of times that colored passengers are on the rear of the train, but I don’t know about this particular day. The last two cars in the train each seat 48 and as far as I know all passengers on the cars were seated. 483 E l l i o t t J. B e l l , a witness for Respondent, recalled for cross-examination, testified as follows: Cross-Examination by Mr. Leighton. 484 I am the same Elliott J. Bell who testified at the previous hearing. I have been employed by the Illi nois Central for 9 years and work in the diner-lounge as waiter-in-charge, having previously been a waiter. As a waiter I worked in the diner and am familiar with 485 facilities of both the diner-lounge and the diner. Com plainant’s Exhibit No. 4 is a menu that is used in the big diner and is the type used in the diner since I have 486 been employed by the company. It is similar to the menu used in the diner on July 1, 1950. I have never before seen anything like Complainant’s Exhibit No. 5. I began working in the diner-lounge in 1948, but I am now working’ on another train to Jacksonville, Florida, so I am not familiar with the type of menu now used 487 in the diner-lounge on the City of New Orleans. I have not worked on the City of New Orleans since March 1951, but was the waiter-in-charge in July 1950. At that time there were printed menus in the diner-lounge, but Complainant’s Exhibit No. 4 is not similar to the 57 one we used. The one we used was a booklet smaller 488 than Complainant’s Exhibit No. 4, listing sandwiches, drinks and regular dinners which were served all day long. On July 1, 1950, I supervised the sale to pa- 489 irons of wine, sandwiches and food which were con sumed in the diner-lounge. Paper cups were used for serving beer and coca-cola and glasses were used for drinks such as whiskey. Whether the practice is still continued I could not say. When these beverages were served in the diner while I worked there we used 490 glasses. Cloth napkins are used in the large diner while in the diner-lounge paper napkins are used at the counter and cloth napkins at the tables. There is no counter service in the big diner. There is a public 491 address system over which the announcement is made that breakfast, lunch or dinner is being served in the center of the train. A person at the front of the train would reach the diner-lounge before getting to the diner. There are no means used to inform him that it is 492 the diner-lounge and not the diner and unless he asks he is seated there, and is served pursuant to the menu de scribed, and not according-to the one designated Com plainant’s Exhibit No. 4. The highest price of the regular luncheon served in the diner-lounge was $1.75, 493 while in the diner the lowest price of one of the lunches was $2.10. On the a la carte menu for the diner-lounge appetizers such as shrimp cocktail, celery hearts, con somme, olives or oyster stew were not offered. Sand wiches were practically the same as those offered in 494 the diner and the prices were the same. Chicken salad, shrimp salad, combination and lettuce salads were not served in the diner-lounge and the only salad we offered was served on the regular luncheon ex cept lettuce and tomatoes for 25 cents additional. On 495 July 1, 1950, including myself, there were three wait 58 ers in the diner-lounge. On weekends while I was on the diner-lounge sales of liquor were heavy and on the day in question for the entire trip, sales for liquor and soft drinks amounted to $225.00 to $250.00. This would be about one-third of the total sales made 496 on the diner-lounge this day. Liquor in the diner- lounge is consumed at the tables and liquor was sold at the same time meals were served. I know nothing 497 about the system of loading used by the Illinois Cen tral. When the train left Chicago, the only time I left the diner-lounge, was to go to the washroom in the 498 next car. I have seen the cards used but I don’t know why they were issued and have made no inquiry about it. I noticed nothing unusual about the method of 499 loading passengers on the City of New Orleans. The City of New Orleans was the first train on which I worked and I have worked for no other railroad be sides the Illinois Central. 500 Me. W. H. A n t h o n y , a witness for Respondent, recalled for cross-examination, testified as follows: Cross-Examination by Mr. Leighton. I am the same Mr. Anthony who testified at an earlier 501 hearing on January 21, 1952. I was brakeman-porter on the City of New Orleans July 1, 1950. One of my duties was to go along with the conductor when he picked up tickets from the passengers. On July 1, 502 1950,1 was assigned to Cars 4A and 4B and was pres ent when the tickets were collected. On the two cars both vestibules were full as were the aisles and all four rooms on the ears. These passengers were both white and colored and were sitting in both rest rooms 503 in each car and in the vestibule. I wouldn’t be able 59 to tell you how many whites and how many colored because I didn’t count them. Each of these cars seats 504 56 and there was a passenger occupying each seat. 505 There are 3 chairs in the men’s rest room and 2 in the women’s rest room, and they were occupied and 506 people were sitting on suitcases. There were white persons in both Cars 4A and 4B seated in chairs, on suitcases, in the aisles and standing. I have no idea 507 how many white persons were in, these cars since I didn’t count them. I have previously talked to the lawyer about this case and he told me to be here and to tell the truth and that’s all he said to me. I have 508 talked to you about the case. The suitcases to which I referred were in the aisles. There may have been one or two standing in the area near the rest rooms 509 in the aisle in the center of the train, and passengers were sitting on suit cases there, but I wouldn’t know how many. It is unusual to see people sitting in the narrow aisle. There were a dozen persons in this aisle both white and colored, but I don’t know how many of each. When the conductor came to pick up tickets from the people sitting in the aisle there was nothing he could do because there weren’t any seats 510 available. I got off the train at Memphis and peo ple were still sitting in the aisle. Some had gotten off the train earlier but when one left the train there 511 would be two getting on. Passengers got on the train at Cairo, Illinois, Fulton, Kentucky, and Dyersburg, Tennessee, and came into Cars 4A and 4B. They load both white and colored in Cars 4A and 4B at these 512 places because the cars are in the center of the train. After the passengers board Cars 4A and 4B and the conductor takes their tickets, they go to other cars on the train in both directions. The people in the aisles in Cars 4A. and 4B at Memphis were both white 60 515 and colored. As porter I collect the cards for Cars 4 A and 4B. I have worked on the City of New Orleans as porter since 1947. 516 (Complainant’s Exhibits Nos. 4 and 5 admitted into evidence.) 518 Docket entry: February 11, 1952, heard by Exam iner Helander and continued to February 13, 1'952. 520 Transcript of proceedings at hearing before Exam iner Helander, February 11, 1952. 521 Appearances. 523 Me. R obert G. R itter, a witness for Respondent, re called for cross-examination, testified as follows: Cross-Examination by Mr. Leighton. I am the same Robert G. Ritter who testified in this proceeding on January 21, 1952. I was dining car steward on the City of New Orleans on July 1, 1950, and had been so employed for two years. 524 I have nothing to do with the preparation of menus for the dining car. That is done by the Commissary. I see that the menus are fulfilled and that all food is properly prepared. I know the type of menu used in the diner-lounge, but I have nothing to do with super- 525 vision of work in the diner-lounge. The difference between the menus in the diner and the diner-lounge, in addition to the prices, is that the diner-lounge serves hamburgers not available in the dining car. The same courses are not served in the diner-lounge as in the diner, but diners get practically the same thing. Prices 526 are a little cheaper in the diner-lounge. The diner- lounge is a sandwich car with a counter and tables and has a greater variety of short-order service than is 61 available in the diner. The number using the diner is about equally divided between people from the front end and people from the rear end of the train. The diner is in the center of the train and when it is busy 527 people are waiting at both ends of the car. I don’t know how many are seated in the diner-lounge, but there are tables in addition to the counter service. Doi lies are placfed on the tables in the diner and we do not use linen tablecloths. The arrangement of service on the tables in the diner-lounge is up to the waiter-in charge and I don’t know how it is done. Redirect Examination by Mr. Foster. The doilies used in the diner are made of linen. If 528 people sit down in the diner and want a sandwich but find the price a little high, I inform them there is a lunch counter car at the other end of the train. Pas sengers riding the train could find that there is a lunch counter car on the train by referring to the rail road timetable. 530 (Respondent’s Exhibits Nos. 1 to 5, inclusive, and Nos. 10 to 38, inclusive, admitted into evidence.) 531 Me, J. L. H orace, called as witness by Intervener, tes tified as follows: Direct Examination by Mr. Leighton. My name is J. L. Horace and I reside at 632 Oak- wood Boulevard, Chicago, Illinois. I am Minister of the Monumental Baptist Church and am President of the Baptist General State Convention of Illinois. The 532 last time I made a trip on the Illinois Central was in 533 April 1951, to Carbondale, Illinois. I was alone on 62 that occasion and boarded the train at 12th Street. 535 When I was about to get on the train someone gave me a ticket but I told no one where I was going, nor did anyone ask. The ticket was for Car No. 2 and when 536 I got on Car No. 2 it was about full and all the people 537 were colored. I went to Car No. 9, passing through Cars Nos. 3, 4 and 5. The passengers in Cars Nos. 3 and 4 were colored and the passengers in Car No. 5 were white. At Car No. 9 I found a seat. On my walk through the train to Car No. 9 I did not talk to any employe of the railroad. In Car No. 9 the porter asked me to show my ticket and told me that I be- 538 longed farther up in the train. He was in uniform and wore the Illinois Central Railroad symbol, but I did not observe his employe number. No one was with 539 the porter at the time. I stayed in that car until I 540 got off at Carbondale. Four or five colored passengers got off at Carbondale from near the front of the train, but I do not know from which cars. On April 16, 1951, I traveled from Chicago to Cairo, Illinois, on the Illi- 541 nois Central, boarding the train at the same place after 543 buying my ticket in the station. As I left the waiting room at Gate No. 3 there were persons wearing Illi nois Central uniforms and caps with “ I. C.” on both 544 uniforms and caps. They asked me where I was go ing and I told them to Cairo and they gave me a ticket 545 bearing No. 3, which indicated to me that I was to go to Car No. 3. I went to Car No. 3 and saw that the car was pretty well full. The passengers in Car 545-546 No. 3 were colored. I went to Car No. 4 and the passengers in that car were colored, and the same is true for the next car toward the rear of the train. I walked on through the train and got a seat in Car 547 No. 8. The people I met in the station followed me back to Car No. 8. In Car No. 8 I had a conversation with 63 the conductor who told me that I belonged farther up 548 and I told him that I belonged where I was. He did not say anything else. The two persons who followed me to Car No. 8 were seated behind me, and we were the only colored persons on the car. When I got off at Cairo I saw colored passengers leave from near the front of the train. 549 Cross-Examination by Mr. Foster. The first trip I referred to was on April 4, 1951. Car No. 9 was located near the rear of the train, but I don’t recall how far from the rear. I passed the diner on my way back to Car No. 9. I do not know at what part of the train other passengers got off at Car- 550 bondale, but it was just ahead of me. On the second trip when I went to Cairo and sat in Car No. 8, I do not know how far from the rear Car No. 8 was lo cated. I am positive that I went to Car No. 8 on that trip and I am just as positive of that point as I am the rest of my testimony. 551 Mb,. K ing S. R ange, recalled as a witness by Complain ant, testified as follows: Redirect Examination by Mr. Leighton. I am the same King 8. Range who testified previously 552 in this proceeding. On June 5, 1951, I went from Chi- 553 cago to Champaign, Illinois, on the Illinois Central and bought my ticket at 12th Street. I boarded the City of New Orleans about eight in the morning. At the gate a gentleman punched my ticket and another asked me where I was going, and gave me No. 4 wThen 554 I stated my destination. Complainant’s Exhibit No. 6 64 is the ticket I was given at the gate. At no time did I ask them to send me to Car No. 4 but I went to the car and all in it were colored. I went back a couple of cars and found a seat. 555 (Complainant’s Exhibit No. 6 admitted into evi dence.) At my destination I saw other passengers leaving 556 the train, some white and some colored. The colored passengers left the train from about the first two cars. I made no other trips on the City of New Orleans in the State of Illinois during 1951. Recross Examination by Mr. Foster. I don’t recall the number of the car in which I ul timately sat, but it was to or three cars back and 557 I don’t recall passing the diner. I stayed in that car until I reached Champaign. The passengers alighting at Champaign from the front of the train did not get off in back of the fourth coach of the train. I don’t recall whether every door in the train opens or whether there is a door for every two cars. 559 Docket entry: February 13, 1952, heard by Exam iner Helander and continued to April 15, 1952, for oral argument before the Commission. 561 Transcript of proceedings at hearing before Ex aminer Helander, February 13, 1952. 562 Appearances. 65 564 Me. J ames L. H orace,, recalled as a witness by Inter vener, testified as follows: Redirect Examination by Mr. Goldstein. I am Minister of the Monumental Baptist Church 565 which has a congregation of about 2,000 members. The church is affiliated with the Baptist General State Convention of Illinois which is made up of 150 Negro ministers and laymen. From my personal observation 567 I am of the opinion that Negroes do not want to be segregated. Q. Does the average Negro passenger whom you know has ridden on these trains like to ride in cars where there are other Negroes present only? A. I think when they get on the train they are just inter ested in a comfortable seat and going where they are going. They are not particularly interested in being with any particular people, they . just want conven ience. 568 Recross Examination by Mr. Foster. The Negro people have no objection to being with 568-569 Negro people, but they have no objection to being with other people either. Me . E arl Strayhobn, called as a witness by Complain ant, testified as follow s: Direct Examination by Mr. Goldstein. My name is Earl Strayhorn and I reside at 5442 South Dearborn, Chicago, Illinois. I am an attorney presently employed in the State’s Attorney’s office. 570 I was a red cap for the Illinois Central Railroad from July 1946 to October 1948. My duties were to load 6 6 and unload passengers from trains arriving and de parting from the Illinois Central Station. While I was so employed the City of New Orleans was in op eration and I am familiar with the loading practice used on the train. As passengers proceeded through 571 the upstairs gate their tickets were checked by the ticket taker for destination. The gatekeeper would call out the destination and the Illinois Central pas senger agent would assist him. by giving the passenger a card bearing a number and the passenger would pro ceed down the steps to the loading platform and go to the car which bore the number on the card. Negro passengers were confined to Cars Nos. 1 and 2, except in those instances where there was an overflow and extra cars were placed on the train, in which case a Negro passenger would get a card bearing No. 3 or No. 4. At no time was a Negro passenger asked which ear he would prefer, nor did I ever hear a Negro pas- 572 senger ask to be placed in Cars Nos. 1 or 2. I was in structed by the Chief of Red Caps to load passengers onto the ear corresponding to the number on the ticket received from the gatekeeper. Cross-Examination by Mr. Foster. I have been in the State’s Attorney’s office since February 15, 1948. When I was red cap for the Illi- 573 nois Central the railroad followed the practice of handing out a certain number of cards for the cars at each end of the train, and then cards were given out for the next cars. The passengers at the rear of the train were loaded by car numbers also. They loaded the rear portions of the train with passengers for Carbondale in one car, and for other points in Illinois 574 in one car, and then passengers going beyond Cairo were loaded according to their destination in certain 67 cars. I got this information from observation. The number of passengers for whom I would handle bag gage on the City of New Orleans in the course of one loading would vary from 1 to 20, but it would be an 575 unusual day if I were able to load as many as 20. When I was a red cap the gate for the City of New Orleans opened a half hour before departure time. My duty was to load baggage on the train for the pas sengers, meeting the passenger at his car. To my 577 knowledge, no passengers on the train were asked in which cars they wished to ride. Everybody was handed a card as they went through the gate. Redirect Examination by Mr. Goldstein. 578 I observed Negro passengers bound for Cairo or Carbondale who were given cards for Cars Nos. 1 or 1A, 2A or 2B. Mb. T homas J. R eid, recalled as a witness by Respond ent, testified as follows: Redirect Examination, by Mr. Foster. 579 I am the same Mr. Reid who testified previously in this proceeding. Respondent’s Exhibit No. 2 is a consist report. Consist reports are made by the con- 580 ductor on each train and are kept in the office of the station master. These reports are kept in the regu lar course of business by the Illinois Central Railroad. Respondent’s Exhibits Nos. 40, 41 and 42 show the consists for the City of New Orleans from Chicago on April 4, 1951, April 16, 1951, and June 5, 1951, re- 580-581 spectively. These are photostatic copies of the originals, and are true and correct. The reports show 68 the actual car numbers used in the trains on the dates shown as well as the car description number. (Respondent’s Exhibits Nos. 40, 41 and 42 admitted into evidence.) 582 Mb. E. L. H olmes, recalled as a witness by Respond ent, testified as follows: Re-redirect Examination by Mr. Foster. I am Assistant General Passenger Agent for the Illinois Central Railroad and am the same Mr. Holmes that previously testified in this matter. Respondent’s Exhibit No. 41 will show all the cars in the City of 583 New Orleans which left Chicago on April 16, 1951. On that date there was. no car or coach bearing the num ber 8. Complaints that are made to the Illinois Cen tral concerning service on the City of New Orleans are kept in the Passenger Traffic Manager’s office. The City of New Orleans has been, a streamlined train since April 30, 1947, and no train operated as the ‘‘City of New Orleans” prior to that time. In my office are the recorded complaints made to the Illinois Central concerning service on the train since it has been in operation. There have been 12 complaints in 584 this time sent to our office. Since the City of New Orleans started operations it has traveled 3,250,080 train miles and 28,845,720 car or coach miles. Re-recross Examination by Mr. Goldstein. 585-586 Complaints made to porters or conductors are not sent to my office. Mr. Foster: Respondent rests. (It was stipulated by and between, the respective parties to this proceeding by and through their coun 69 sel that if Miss Barbara Gillum and Mr. John Groves were present at this hearing and testified, they would testify that on a date between July 1, 1950, and the date of their testimony, they took individual trips out of the City of Chicago on the train known as the “ City of New Orleans” operated by the Respondent Railroad Company, and that the trip was between Chicago, Illinois, and Cairo, Illinois, and that when they entered the railroad station of the Respondent Railroad Company they were given a card designating a particular car on said train and that the card desig nated a car at the head of said train and they entered said ear and all of the passengers on the car desig nated by the card were members of the Negro race and that they thereafter moved to the rear of the train and rode the rest of the way at the rear of the train in cars predominantly occupied by white people.) Mr. Goldstein: That closes the matter. 589 Docket entry: April 15, 1952, oral argument heard and taken under advisement. Case called by Examiner Helander and marked “ Heard and Taken.” 591 Transcript of oral argument before the Commission sitting en banc, April 15, 1952. 592-593 Appearances. 595-678 Oral Argument. 679 Transcript of proceedings before Examiner Helan der, April 15, 1952. 680 Appearances. 681 Examiner Helander: The case may be marked “ Heard and Taken.” 682 Docket entry: April 21, 1952, Memorandum Brief for Complainant filed by Meyer Goldstein and George N. Leighton. 70 683-685 Memorandum Brief for Complainant. 686 Docket entry: April 21, 1952, Argument filed by Meyer Goldstein and George N. Leighton. 687-731 Argument of Meyer H, Goldstein and George N. Leighton. 732 Docket entry: May 1, 1952, Memorandum Brief and Argument for Respondent filed by John W. Foster. 733-753 Memorandum Brief and Argument for Respond ent, Illinois Central Railroad Company. 754 Docket entry: May 14, 1952, Order entered. Docket entry: May 14, 1952, Certified Copy of Or der mailed to Meyer H. Goldstein, John W. Foster and George N. Leighton. 755-763 Copy of Order of Illinois Commerce Commission entered May 14, 1952, in its Docket No. 39271, omitting caption and signature, and reading as follows: 755 ‘ ‘ O rder. ‘ * By the Commission : “ On March 17, 1951, the State’s Attorney of Cook County, on behalf of Vera Johnson (complainant), filed a verified complaint with the Commission charg ing the Illinois Central Railroad Company (respond ent) with discriminatory practices on one of its trains carrying passengers in intrastate service in Illinois and interstate service between points in Illinois and other states. Pursuant to leave of the Commission complainant filed an amended complaint on June 15, 1951. “ Complainant alleges that she is a member of the Negro race; that, on July 1, 1950, complainant bought a ticket at the respondent’s Central Station in Chicago which entitled her to transportation service in a coach car on certain trains operated by respondent, includ ing a train sometimes called the ‘City of New Orleans,’ 71 which carries passengers in both intrastate service in Illinois and in interstate service between points in Illi nois and in other states; and that as she went through the gate of the station to the loading platform, she was handed a card by an employee of respondent, on which was printed ‘Car 2 City of New Orleans.’ Com plainant further alleges that said Car No. 2 was a coach, located at the front end of the train a long dis tance from, the point where she entered the passenger loading platform and was a car provided for the ex clusive use of Negro passengers on a segregated ba sis ; that between the point where complainant entered the passenger platform and Car No. 2 were a number 756 of coaches containing many empty seats; that she was carrying her luggage which was very heavy; that she was denied permission by the employees of respond ent from entering any coach other than Car No. 2; that every seat in Car No. 2 was occupied at the time she reached it but she was nevertheless denied per mission and physically prevented from riding in an other coach containing empty seats. “ Complainant further alleges that the segregation practiced by the respondent discriminated against com plainant ; that said discrimination and segregation were entirely because of her race and color; and that such discrimination and segregation violated federal and state laws. The complaint prays that the Commission enter ‘ such order or orders as may be found neces sary to enforce all laws and statutory provisions made for the administration of common carriers in the State of Illinois,’ and that the complainant be given what ever other relief may be proper. “ On July 5, 1951, the Commission granted a peti tion to intervene filed by the Chicago Branch of the National Association for the Advancement of Colored People. Evidence was taken at eight hearings con ducted by a duly authorized examiner of the Commis sion on various dates from June 29, 19ol to Febru ary 13, 1952. The Commission heard oral argument on April 15, 1952, the date suggested and agreed to by the parties. 72 “ During the course of the hearings respondent moved to dismiss the proceedings for want of juris diction on the ground that the testimony was based on an interstate operation over which the Interstate Commerce Commission has jurisdiction. At the request of counsel for respondent this motion was taken under advisement. “ The discrimination alleged in the complaint arises from respondent’s application of its so-called ‘car card’ system in loading passengers on the ‘City of New Or leans, ’ an all coach train having no reserved seats, at 757 respondent’s Central Station in Chicago, Illinois, the Northern terminus of the train. Under this practice passengers are assigned to specific cars by handing to each passenger a card designating a particular car as he passes through the gate to the loading platform. “ Respondent contends that the car-card system is aimed solely at the orderly and safe loading of the large number of passengers and that the assignment of Negro passengers to coaches reserved for colored persons only is based on its study of the preferences of its passengers; that none of these assignments is compulsory and that, after loading, all passengers are free to move to vacant seats in other cars if they choose to do so. “ Illinois Central’s assistant general passenger agent, Mr. E. L. Holmes, testified that the loading of the City of New Orleans was ‘supervised’ because it is a non- reserved, heavily-loaded train; that the purpose of the car-card system is to assure courteous handling and proper location of long and short haul passengers, and to ‘follow the desires of passengers as expressed to the Illinois Central’; and that intrastate passengers under this system are loaded in the center of the train. He further testified that the cards do not assign seats * * # ‘they are merely a suggestion as to where they will find accommodations’. He also stated that the Illi nois Central attempted to seat racial groups together, hut that it issued specific instructions that all members of the public are to be afforded equal rights to walk 73 through the train and use all facilities on trains re gardless of color. “ Other witnesses for Illinois Central testified that, although colored persons may he ‘directed’ to cars at the front end of the train and white persons ‘directed’ to cars at the rear end, employees are not instructed by the Illinois Central management to enforce a policy of segregation in any manner whatsoever. They also testified with respect to alleged instructions of the rail road’s management that all passengers be treated alike regardless of race, creed, or color. Certain of these instructions purportedly are written. None was in- 758 troduced in evidence. Several witnesses, including C. J. Fitzpatrick, general manager of the northern lines of Illinois Central, testified that the loading of col ored and white passengers at different ends of the City of New Orleans is dictated by the railroad’s ex perience that its passengers desired this division of color. Admittedly, the railroad has no letters or other written documents in its files to substantiate this ex perience. The general superintendent of dining serv ice testified that he instructed dining car employees to seat passengers on a first-come, first-served basis, regardless of color. The record shows that the City of New Orleans carries a dining car and a lunch coun ter-lounge; that the diner is placed near the rear of the train, and the lunch counter-lounge is located near the front; and that not all of the food and services available in the diner are available in the lunch counter-lounge. “ The general manager of the northern lines of Illi nois Central also testified that an orderly loading pro cedure does not require a system based on color lines; the important thing is to separate passengers accord ing to destination. “ The record shows that on July 1, 1950, complain ant boarded the City of New Orleans at Illinois Cen tra l’s Central Station; that as she passed through the gate at the loading platform, her ticket for transpor tation to Canton, Mississippi, was punched and she was handed a card marked ‘Car 2’ which was located 74 near the head of the train. She testified that she car ried 3 pieces of luggage and as she walked down the loading platform, she passed some partially empty coaches and tried to board one hut was told by the car porter that she could not get on, that these cars were for white people. She further testified that she went to Car 2 and entered i t ; that it was crowded and people were standing in the aisle; that she also stood in the aisle until the train started to move and then began walking back through the train looking for a seat; that she went through about six or seven cars occupied by colored people, all filled with people in the 759 aisles; that she reached a coach occupied by white peo ple in which there were 3 empty seats and sat clown in one. She further testified that by the time she sat down the porter came and told her she couldn’t sit there, that it was reserved for white people, and that he took her by the arm and took her and her luggage back to Car 2. She remained standing in Car 2 until it reached Kankakee, Illinois, where some people in that car got off the train and she obtained a seat, but some other people remained standing. “ A colored Baptist minister testified that he traveled on the City of New Orleans the same day. He also boarded the train at the Illinois Central’s Central Sta tion in Chicago, where the train was made up, and was given a card marked ‘Car 2’, as he passed through the gate to the loading platform. He put the card in his pocket and went to Car No. 9. The conductor ap proached Mm and asked to see his number and he showed the conductor his railroad ticket. The porter attempted to prevent him from entering the car but he boarded it. The porter then took his suitcase and told him to get out, but he sat down in the car. He also testified that when he went into the observation car the conductor asked him: ‘How long are you going to sit here!’ “ Other colored witnesses testified that on other dates they traveled on the City of New Orleans from Chicago to Champaign, Illinois, to Carbondale, Illinois, and to Cairo, Illinois, and that on each of these oeca- sions they were handed car-cards assigning them to cars toward the head of the train occupied exclusively by Negroes; that after entering the cars to which they were assigned they walked toward the rear of the train through other coaches filled exclusively with Negro passengers until they found seats in white cars and were told by porters on the coaches they belonged fur ther up in the train. “ Section 38 of the Public Utilities Act (111. Rev. Stats. 1951, Ch. l l l f , Par. 38) provides in part: “ ‘No public utility shall, as to rates or other charges, services, facilities or in any other respect, make or 760 grant any preference or advantage to any corpora tion or person or subject any corporation or person to any prejudice or disadvantage * * * Every public utility shall, upon reasonable notice, furnish to all per sons who may apply therefor, and be reasonably enti tled thereto, suitable facilities and service without dis crimination and without delay. ’ “ The Illinois Central contends that its policy is to treat all passengers alike, regardless of their race and that the car-card system is used as an orderly means of loading of large numbers of passengers and distrib uting them in various sections of the train according to destination to facilitate their discharge at their des tination. The record clearly shows, however, that in practice the car-card system operates to segregate Ne gro passengers boarding the train at Central Station in Chicago in cars toward the head of the train solely because of their race and without regard to their des tination. Negro passengers are segregated in such cars whether they are traveling to points within Illi nois or to points beyond the State boundary. The record further shows that Negro passengers are some times required to stand in over-crowded cars and are denied vacant seats in other cars which would be avail able to them if they were white. Such denials of va cant seats in white cars by the application of the car- card system subjects such passengers to a disad vantage or discrimination. 76 “ Since 1885, tie Illinois Civil Rights Act (111. Rev. Stats., 1951, Ch. 38, Par. 125) has provided that: “ ‘All persons within the jurisdiction of said State of Illinois shall he entitled to the full and equal enjoyment of the accommodation, advan tages, facilities and privileges of inns, restaurants, eating houses, hotels, soda fountains, soft drink parlors, taverns, roadhouses, barber shops, depart ment stores, clothing stores, hat stores, shoe stores, bath rooms, rest rooms, theaters, skating rinks, con certs, cafes, bicycle rinks, elevators, ice cream par lors or rooms, railroads, omnibuses, busses, stages, aeroplanes, street cars, boats, funeral hearses and public conveyances on land, water or air, and all other places of public accommodations and amuse ment, subject only to the conditions and limitations established by laws and applicable alike to all citizens. * # *’ “ The provisions of Section 38 of the Public Utilities Act prohibiting public utilities from subjecting any per sons to any prejudice or disadvantage and requiring them to furnish all persons with facilities and service 761 without discrimination must be construed in the light of the long established policy of the State as expressed in the above section of the Civil Rights Act, particularly since the Civil Rights Act is made applicable to rail roads by its express terms. “ There is no danger of Section 38 of the Public Utilities Act creating any burden on interstate com merce since the applicable federal law (Section 3(1) of the Interstate Commerce Act, 49 U. S. C. A. sec. 3(1)) is the same as the Illinois law. “ Furthermore, the loading of passengers on the City of New Orleans at the Central Station of the Illinois Central in the City of Chicago by the application of the car-card system to both intrastate and interstate passengers is a matter of local concern and subject to State regulations. “ As indicated above, Illinois Central contends that the assignments of passengers by the car-cards to 77 specific cars are not compulsory and that after loading all passengers are free to move to vacant seats in other ears if they choose to do so. In the words of Witness Holmes, the cards ‘are merely a suggestion as to where they will find accommodation.’ This system is, at the least, misleading to both the passengers and to the crew. There is nothing on the cards given the pas sengers to indicate that they are merely suggestions and not assignments of space. Conductors of trains carry ing passengers within the jurisdiction of this State are vested with police powTers while on duty by ‘An Act for the protection of passengers on railroads and steam boats,’ enacted by the General Assembly in 1877. It is reasonable for passengers to assume that directions given them under the apparent authority of the con ductor are required to be obeyed. The maintenance of proper order on trains necessary for the safety of pas sengers requires that such orders be obeyed. The giv ing of directions to passengers on trains by those in apparent authority subject to other instructions by the railroad that they can not or should not he enforced is an unsound practice and cannot be approved. “ The Commission having considered the evidence in the record and the- arguments and briefs of counsel, 762 and being fully advised in the premises, is of the opinion and finds: “ (1) that the Commission has jurisdiction of the parties to this proceeding and of the subject matter involved herein; “ (2) that the recitals of fact hereinabove set forth are supported by evidence in the record and are hereby adopted as findings of fact; “ (3) that the Illinois Central Railroad Company (respondent herein) is engaged in the transportation of persons as a common carrier in the State of Illinois and is a public utility as defined in Section 10.3 of the Public Utilities Act; “ (4) that the Illinois Central operates an all coach, nonreserved train known as the ‘City of New Orleans’ which runs daily in both directions between Chicago, Illinois and New Orleans, Louisiana and has its north ern terminus at the Central Station of the Illinois Central in Chicago, Illinois; “ (5) that each passenger, as he passes through the gate at the Central Station to the loading platform to board the City of New Orleans, is handed a card des ignating a particular car to which such passenger is assigned; "(6) that the alleged purpose of this car-card sys tem is to provide for the orderly loading of cars and the distribution of passengers according to their des tination ; “ (7) that said car-card system is applied in a man ner to segregate Negro passengers in cars toward the head of the train without respect to their destination and without respect as to whether they are traveling to points within the State of Illinois or beyond the border of the State of Illinois; “ (8) that the application of said car-card system sometimes requires Negro passengers to stand in over crowded cars when there are vacant seats available in other cars which would be available to them if they were white; “ (9) that the application of said car-card system resulting in the assignment of Negro passengers to cars reserved for Negro passengers toward the head of the train makes it more difficult for Negro passen gers, as compared to white passengers, to use certain facilities such as the observation car and the diner which are located at or near the rear end of the train ; “ (10) that the application of the car-card system in the manner above set forth subjects Negro passengers to prejudice and disadvantage and discrimination with respect to service solely because of the race and color and is contrary to the provisions of Section 38 of the Illinois Public Utilities Act and the long established policy of the State of Illinois as set forth in the Civil Eights Act; and 763 “ (11) that the Illinois Central should be ordered to discontinue use of the car card in a manner which seg regates passengers on the basis of race or color. 78 79 “ I t is t h e r e f o r e o r d e r e d b y the Illinois Commerce Commission that the Illinois Central Railroad Com pany be, and it is hereby, directed to cease and desist from assigning- passengers to specific ears in the State of Illinois in a manner which segregates passengers on the basis of race or color. “ I t i s f u r t h e r o r d e r e d that respondent be and it is hereby, prohibited from using a car-card system in assigning passengers to designated cars in the State of Illinois in a manner which segregates passengers on the basis of the race or color of such passengers. “ I t i s f u r t h e r o r d e r e d that the Commission retain jurisdiction of the subject matter and of the parties hereto for the purpose of entering any further order or orders as it may deem meet. “ It i s f u r t h e r o r d e r e d that all undisposed of mo tions made by any of the parties hereto be, and they are hereby, disposed of consistent with the conclusions of the Commission herein. “ By order of the Commission at Chicago, Illinois, this 14th day of May, 1952.” 764 Docket entry: June 11,1952, Petition for Rehearing filed by Illinois Central Railroad Company by John W. Foster. 765 Petition of Illinois Central Railroad Company for Rehearing, omitting caption and signature in words and figures as follows : “ P e t i t i o n f o r R e h e a r i n g . “ Now comes the Illinois Central Railroad Company by John W. Foster, its attorney, and respectfully pre sents this petition, to vacate and. set aside the findings and order entered in the above-entitled matter under date of May 14, 1952, and to grant a rehearing in order that additional testimony may be presented and an order entered in conformity with the facts and the law. “ The order entered herein on May 14, 1952, was 80 served on petitioner May 15, 1952, by letter of the Secretary of the Commission dated May 14, 1952. The complaint which was the subject matter of the proceeding before the Commission was originally filed March 17, 1951, and pursuant to leave of the Commis sion an amended complaint was filed June 15, 1951; hearings were held before an examiner of the Commis sion and oral argument was had before the Commis sion sitting en banc at Chicago, Illinois. At the con clusion of all proceedings the case was marked ‘Heard and Taken.’ “ The order herein consists of (1) a, general state ment of the case incorporating allegations of the com plaint and purported statements of fact, (2) a group of purported findings of fact, and (3) the Commis sion’s order that the Illinois Central Railroad Com pany cease and desist from assigning passengers to specific cars in the State of Illinois ‘in a manner which segregates passengers on the basis of race or color’ and prohibiting the use of a car-card system 766 in assigning passengers to designated cars in the State of Illinois ‘in a. manner which segregates passengers on the basis of race or color of such passengers. ’ “ As grounds for such rehearing and reason for such proposed action petitioner represents to the Commis sion that: 1. The Commission was without jurisdiction to en ter the order of May 14, 1952, 2. There is no basis in the evidence for the Com mission’s order, and 3. Said order is unreasonable, unlawful, arbitrary and erroneous in the several respects hereinafter set forth. I. “ The Illinois Commerce Commission was without jurisdiction to enter the order of May 14, 1952. “ The transportation of the persons involved in the complaint, the transportation service complained of, and the actions of the carrier incident to the trans portation service were all interstate in character. 81 The train involved was the ‘City of New Orleans,’ op erating between Chicago, Illinois, and New Orleans, Louisiana,. The complainant and her witnesses were interstate passengers traveling from Chicago, Illinois, to Durant, Mississippi, or other interstate points. The services rendered in connection with the transportation service from Chicago' to Durant or other interstate points were necessarily interstate services, being a part of the interstate transportation. This particular complaint, dealing with the question of the reasonable ness of a loading practice of an interstate carrier as applied to interstate passengers, is one which falls within the category of complaints which the Interstate Commerce Commission has exclusive jurisdiction to hear and determine. The power to regulate interstate commerce such as that involved in this complaint is granted to Congress by the Constitution of the United States. Congress, in turn, has expressly delegated the power to regulate interstate commerce to the In terstate Commerce Commission. 767 II. ‘ ‘ The alleged findings set out in the order are : (a) Conclusions of the Commission and not find ings of fact, (b) Not supported by competent or substantial evi dence, (c) Contrary to the manifest weight of the evi dence, (d) Arbitrary, and (e) Inconsistent with the facts of record. “ The statements preceding the alleged formal find ings of fact and the alleged formal findings of fact show that the Commission has misinterpreted substan tial portions of the evidence, arbitrarily and capri ciously disregarded other substantial uncontroverted evidence in the record, and drawn erroneous conclu sions from the evidence. One of many illustrations that shows this point is the Commission’s constant 82 reference throughout the order to ‘ears reserved for negro passengers’ or similar language. The clear, conclusive and uncontradicted fact is that there are no cars, coaches, or seats reserved on the ‘City of New Orleans’ for negroes or any other class of pas senger. “ Another clear indication of the Commission’s mis interpretation or disregard of the facts is its state ment, Page 6, that ‘The record clearly shows, how ever, that in practice the car-card system operates to segregate Negro passengers boarding the train at Central Station in Chicago in cars toward the head of the train solely because of their race and without regard to their destination. Negro passengers are segregated in such cars whether they are traveling to points within Illinois or to points beyond the State boundary.’ The record in this case shows just the opposite. It is clear that negro patrons using this train are not segregated in any certain cars and that they are free to, and do use any and all cars and fa cilities on the train. “ The Commission, in its order, also refers to ‘al leged’ instructions of the railroad management that all passengers be treated alike regardless of race, creed or color. These instructions are not only ‘alleged instruc tions,’ they are actual and existing instructions which are fully understood by the train personnel as indicated by the testimony of the conductor, flagman, dining car steward, waiter in charge of the lounge ear, and the porter who testified at the hearing. “ The Commission also disregarded the respondent’s testimony concerning instructions to employees that there was to be no segregation. The written instruc tions were produced at the hearing at the request of complainant’s attorney and complainant and the hear ing officer had an opportunity to examine them. (Tr. 277-278.) “ Finding 8 that ‘the car-card system sometimes re quires negro passengers to sit in overcrowded cars when there are vacant seats available in other ears which would be available to them if they were white, ‘is 83 wholly without evidentiary support in the record. The only testimony in this respect was that given by Miss Johnson who testified she found a seat in the rear of the train after it had left 63rd Street and was told she could not sit there. The facts are, however, that 768 every seat on the train on the day complained of was taken, as testified to by not only the railroad witnesses but also all of the complainant’s witnesses wdth the exception of Miss Johnson. It is reasonable to assume that the seat Miss Johnson attempted to sit in was being occupied by another passenger who was away from his seat at that particular time, for one purpose or another such as to use the dining ear or washroom facilities. In any event, if Miss Johnson was told she could not occupy a given seat because she was a member of the negro race, the relator was acting contrary to explicit instructions and wholly without authority. 769 III. “ The ordering part of the Commission’s order is unlawful for the following reasons: (a) The ordering provisions are not based on definite and specific findings of fact, (b) They are not supported by competent or sub stantial evidence, (c) They are contrary to the evidence introduced, (d) They are contrary to the manifest weight of the evidence, (e) They are not made upon findings of the evidence, (f) They are arbitrary, and (g) They are unreasonable. IV. “ Petitioner contends the Commission in this pro ceeding is trying to use its administrative power to invade the managerial judgment of the railroad. 84 V. “ The order of May 14, 1952, is an attempt by the State of Illinois to regulate interstate commerce, a field over which the Federal Government has exerted its paramount and exclusive jurisdiction under the Inter state Commerce Act. (49 U. S. C. Sections, 1, et s&q.) VI. “ The Commission erred in receiving, over the objec tion of the respondent, improper evidence proffered on behalf of the complainant, VII. “ The Commission erred in failing to find that the car-card system in effect in loading the ‘City of New Orleans’ does not constitute or result in discrimination or segregation of any person or class of persons. 770 VIII. ‘ ‘ The Commission erred in failing to find the Illinois Central should not be held responsible for an isolated act of an employee acting contrary to express instruc tions and without the scope of bis authority. C o n c l u s i o n . “ W h e r e f o r e , petitioner respectfully prays that the Commission vacate its order of May 14, 1952, grant a rehearing herein, set the cause for a date certain, and that it thereafter make proper and sufficient findings and order as required by law. “ Dated at Chicago, Illinois, this 10th day of June, 1952.” 771 Docket entry: June 25, 1952, the Commission in conference denied the Petition of the Illinois Central Railroad Company for Rehearing. 772 Copy of excerpt of Judicial Minutes of the Commis sion in its meeting June 25, 1952. 85 773 Certification as to excerpt from the Judicial Minutes of the Commission by the Secretary of the Illinois Com merce Commission. 774 Docket entry: June 30, 1952, parties of interest ad vised by letter that the Commission on June 25, 1952, denied the Petition of the Illinois Central Railroad Company for Rehearing. Docket entry: July 2, 1952, Notice of Appeal to the Superior Court of Cook County from the order of the Commission entered on May 14, 1952, and further ac tion of the Commission on July 25, 1952, denying peti tion for rehearing filed by the Illinois Central Rail road Company by John W. Foster. 775-776 Notice of Appeal by Illinois Central Railroad Company dated July 1, 1952. 777 Docket entry: July 3, 1952, Certified copy of Order entered by the Commission on May 14, 1952, and Cer tified copy of Minutes dated June 25, 1952, denying petition of Illinois Central Railroad Company for re hearing, mailed to John A. Kornak, Acting Clerk, Su perior Court of Cook County, County Building, Chi cago, Illinois. Docket entry: July 3,1952, Copy of Notice of Appeal and Certified copy of Order of the Commission entered on May 14, 1952, and Certified copy of Minutes dated June 25, 1952, denying the petition of Illinois Central Railroad Company for rehearing, mailed to Honorable Ivan A. Elliott, Attorney General, State of Illinois, Chicago, Illinois; and names and addresses of parties of record in the case. 780 Complainant’s Exhibit No. 1: Photostat of Car Card used on the City of New Orleans. 86 781 Complainant’s Exhibit No. 2: Photostat of a Reso lution of the Baptist Ministers’ Conference. 782 Complainant’s Exhibit No. 3: Photostat of a letter written by Mr. C. P. McEvilly to Reverend King S. Range. 783 Complainant’s Exhibit No. 4: Photostat of a menu used on the diner of the City of New Orleans. 784 Complainant’s Exhibit No. 5: Photostat of a menu used on the diner-lounge car of the City of New Or leans. 785 Complainant’s Exhibit No. 6: Photostat of Car Card used on the City of New Orleans. 787 Respondent’s Exhibit No. 1: Blueprint showing Central Station, the tracks leading in and out of the station, and the position and car numbers of the City of New Orleans on July 1, 1950. 788 Respondent’s Exhibit No. 2: Photostat of passenger conductor’s car report showing consist of the City of New Orleans on July 1, 1950. 789 Respondent’s Exhibit No. 3: Photograph of the City of New Orleans taken from a position near the front end of the train. 790 Respondent’s Exhibit No. 4: Photograph of the City of New Orleans taken from a position near the rear end of the train. 791 Respondent’s Exhibit No. 5: Photograph of exterior view of Illinois Central Car No. 2690. 792 Respondent’s Exhibit No. 6: Withdrawn. 793 Respondent’s Exhibit No. 7: Withdrawn. 794 Respondent’s Exhibit No. 8: Withdrawn. 795 Respondent’s Exhibit No. 9: Withdrawn. 87 796 Respondent’s Exhibit No. 10: Photograph of Car No. 2690 looking toward the rear of the car. 797 Respondent’s Exhibit No. 11: Photograph showing lounge chairs in washroom in Car No. 2690. 798 Respondent’s Exhibit No. 12: Photograph of coach used on the City of New Orleans looking toward the rear of the car. 799 Respondent’s Exhibit No. 13: Photograph of coach used on the City of New Orleans looking toward the rear of the car. 800 Respondent’s Exhibit No. 14: Photograph of coach used on the City of New Orleans looking toward the rear of the car. 801 Respondent’s Exhibit No. 15: Photograph showing leg-rests on a car used on the City of NewT Orleans. 802 Respondent’s Exhibit No. 16: Photograph showing another view of leg-rests used on the City of New Orleans. 803 Respondent’s Exhibit No. 17: Photograph showing counter and table facilities on the diner-lounge car. 804 Respondent’s Exhibit No. 18: Photograph showing counter in the diner-lounge car. 805 Respondent’s Exhibit No. 19: Photograph showing counter in the diner-lounge car. 806 Respondent’s Exhibit No. 20: Photograph showing counter in the diner-lounge car. 807 Respondent’s Exhibit No. 21: Photograph of the diner used on the City of New Orleans. 808 Respondent’s Exhibit No. 22: Photograph showing the observation car taken from the rear looking toward the front. 809 Respondent’s Exhibit No. 23: Photograph showing 88 observation ear taken from the center of the car look ing toward the rear. 810 Eespondent’s Exhibit No. 24: Photograph showing' observation car taken from the front showing the bar in the middle of the car. 811 Eespondent’s Exhibit No. 25: Photograph showing observation car taken near the bar and looking toward the front of the car. 813 Eespondent’s Exhibit No. 26: Photograph showing the interior view of Car No. 2611. 814 Eespondent’s Exhibit No. 27: Photograph showing the interior view of Car No. 2615. 815 Eespondent’s Exhibit No. 28: Photograph showing the interior view of Car No. 2617. 816 Eespondent’s Exhibit No. 29: Photograph showing the interior view of Car No. 2619. 817 Eespondent’s Exhibit No. 30: Photograph showing the interior view of Car No. 2624. 818 Eespondent’s Exhibit No. 31: Photograph showing the interior view of Car No. 2626. 819 Eespondent’s Exhibit No. 32: Photograph showing the interior view of Car No. 2629. 820 Eespondent’s Exhibit No. 33: Photograph showing the interior view of Car No. 2633. 821 Eespondent’s Exhibit No. 34: Photograph showing the interior view of Car No. 2634. 822 Eespondent’s Exhibit No. 35: Photograph showing the interior view of Car No. 2639. 823 Eespondent’s Exhibit No. 36: Photograph showing the interior view of Car No. 2694. 824 Eespondent’s Exhibit No. 37: Photograph showing the interior view of Car No. 4200. 89 825 Respondent’s Exhibit No. 38: Photograph showing the interior view of Car No. 4200. 827-830 Respondent’s Exhibit No. 39: Certified copy of Dismissal Order of the Illinois Commerce Commission in Docket No. 35958, dated April 19, 1949. 831 Respondent’s Exhibit No. 40: Photostat of pas senger conductor’s car report showing consist of the City of New Orleans on April 4,1951. 832 Respondent’s Exhibit No. 41: Photostat of pas senger conductor’s car report showing consist of the City of New Orleans on April 16, 1951. 833 Respondent’s Exhibit No. 42: Photostat of pas senger conductor’s car report showing consist of the City of New Orleans on June 5, 1951. 834 Certification of record by the Secretary of the Illinois Commerce Commission. 835 Docket entry: October 14, 1952, abstract of record before Commission filed with Clerk of the Superior Court. 836-930 Abstract of record filed with Superior Court. 932 Order entered by Superior Court of Cook County on March 16,1953, affirming order of Illinois Commerce Commission, omitting caption and signature, reading as follows: ‘ ‘ O r d e r . This cause coming on to be heard on an appeal by Illinois Central Railroad Co., from an order of the Illinois Commerce Commission of May 14, 1952, in its Docket No. 39271 and this Court having considered the record and the briefs and abstracts filed by the parties hereto and having heard oral argument and being fully advised in the premises, is of the opinion and finds that: 90' (1) This Court has jurisdiction of the parties hereto and the subject-matter hereof. (2) The order of the Commission in its Docket No. 39271 is within its jurisdiction and the findings and conclusions of the Commission in said order are supported by the evidence in the record. I t i s t h e r e f o r e o r d e r ,e d that the Order of the Illinois Commerce Commission of May 14, 1952, in its Docket No. 39271 be and it is hereby affirmed.” 933 Docket entry: April 13, 1953, notice of application for stay order filed with Clerk of the Superior Court of Cook County. 934-935 Notice of application for stay order. 936 Docket entry: April 13, 1953, motion for stay order filed with Clerk of the Superior Court of Cook County. 937-940' Motion for stay order. 942-944—Order of Superior Court of Cook County dated April 13,1953, omitting caption and signature of Judge, reading as follows: “ S t a y O r d e r . This cause coming on to be heard this 13th day of April, A. D. 1953, on motion of the Illinois Central Railroad Company, Appellant, for an order staying and suspending the order entered by the Illinois Com merce Commission, May 14, 1952, in its docket No. 111. C. C. 39271, and it appearing to the Court that due notice has been given the Commission of the applica tion to this Court for stay order during the pendency of appeal to the Supreme Court of Illinois to stay and sus pend the effect and operation of the Commission’s order, and the Court having heard the evidence and arguments in respect thereto, finds tha t: 1. It has jurisdiction of the subject matter of this cause and the parties hereto. 2. That the Commission in 111. C. C. Docket No. 91 39271 ordered the Appellant to cease and desist from assigning passengers to specific cars in the State of Illinois in a manner which segregates passengers on the basis of race or color and prohibited Appellant from using a car-card system in assigning passengers to designated cars in the State of Illinois in a manner which segregates passengers on the basis of race or color of such passengers. 3. That this Court on March 16, 1953, affirmed the order of the Illinois Commerce Commission. 4. That the Appellant, Illinois Central Railroad Company, is preparing and will perfect its appeal to the Supreme Court of Illinois within the time pre scribed by statute. 5. That Appellant in its appeal in this Court brought into issue: the jurisdiction of the Illinois Commerce Commission to enter the order in question on the ground that the Commission’s order is an attempt to regulate a phase of interstate commerce over which the Inter state Commerce Commission has exclusive jurisdiction and the lawfulness and reasonableness of the Commis sion’s order under the facts and statutes involved. Said issues will ultimately be passed upon by the Su preme Court of this State, and the principal question herein involved is whether the status quo should be maintained during the period of judicial review as pro vided by Section 69 of the Public Utilities Act (Sec tion 73, Chapter l l l f , Illinois Revised Statutes, 1951). 6. That Section 71 of the Public Utilities Act, (Sec tion 75, Chapter l l l f , Illinois Revised Statutes, 1951) provides for the staying of an order of the Commis sion during the period of judicial review. 7. That Appellant has given three days’ notice to the Commission of the motion for a stay order, as re quired under said Section 71 of the Public Utilities Act. 8. That there is evidence to support Appellant’s assertion that should the order of the Commission ulti mately be set aside in this proceeding, Appellant will sustain great and irreparable damage if a stay order is not issued by this Court, in that Appellant’s public 92 relations would be damaged and Appellant would be subjected to a loss of passenger patronage, with a con sequent loss of revenue. 9. That in view of the issue as to the jurisdiction of the Illinois Commerce Commission to enter its order of May 14, 1952, and in view of Appellant’s evidence as to great and irreparable damage, it is reasonable to stay said order of the Commission until the matter has been finally passed upon by the Supreme Court of this State. I t i s t h e r e f o r e o r d e r e d 1, a d j u d g e d , a n d d e c r e e d by the Court that the said order of the Commission, en tered May 14, 1952, as affirmed by this Court, by order entered March 16, 1953, be stayed and suspended until the further order of the Court herein, provided Appel lant shall have filed with, and had been approved by the Court on or before the 20th day of April, 1953, a bond in the sum. of Ten Thousand ($10,000) Dollars, payable to the People of the State of Illinois, condi tioned on the prompt payment of all damages caused by the delay in the enforcement of the order of the Commission pending the review proceedings, by said Appellant. Upon the filing and approval as required by law of such bond, as aforesaid, the operation of the said order of the Commission, entered May 14, 1952, as affirmed by this Court by order dated March 16, 1953, shall be stayed and suspended until further order of the Court herein.” 945 Docket entry: April 13,1953, supersedeas bond filed with Clerk of the Superior Court of Cook County. 946-947 Supersedeas bond. 948 Docket entry: April 21, 1953, notice of appeal to Supreme Court of Illinois filed with Clerk of Superior Court of Cook County. 949 Notice of appeal to Supreme Court of Illinois. 950 Docket entry: April 22, 1953, notice of filing of no 93 tice of appeal filed with Clerk of Superior Court of Cook County. 951 Notice of filing- of notice of appeal to Supreme Court of Illinois and proof of service. 952 Docket entry: April 23, 1953, praecipe for record filed with Clerk of the Superior Court of Cook County. 953 Praecipe for record. 954 Docket entry: April 24, 1953, notice of filing of praecipe for record filed with Clerk of Superior Court of Cook County. 955 Notice of filing of praecipe for record and proof of service. 956 Docket entry: May 1, 1953, notice of motion filed with Clerk of Superior Court of Cook County. 957-8 Notice of motion for order approving appeal bond and authorizing the filing of the original record before the Commission as a part of the transcript of record certified to the Supreme Court and proof of service thereof. 959 Docket entry: May 1, 1953, motion filed with Clerk of Superior Court of Cook County. 960 Motion of Illinois Central Railroad Company for order approving appeal bond and for order authorizing filing of original record before the Commission as part of the record certified to Supreme Court. 962-963 Order of Superior Court of Cook County approv ing appeal bond in the penal sum of $1,000.00 and di recting the Clerk of the Superior Court to include as a part of the record certified to the Supreme Court the original of the record before the Illinois Commerce Commission. 94 964 Docket entry: May 1, 1953, appeal bond filed with Clerk of Superior Court of Cook County, 965-966 Appeal bond. 967 Docket entry: May 1, 1953, stipulation filed with Clerk of the Superior Court of Cook County. 968 Stipulation that original copy of record before Com mission may be incorporated as part of the record cer tified to Supreme Court. 969 Certification of record to Supreme Court by Edmund J. Kucharski, Clerk of the Superior Court of Cook County. Respectfully submitted, J ohn W. F oster, 135 East Eleventh Place, Chicago 5, Illinois, WAbash 2-4811, Attorney for Appellant, Illinois Central Railroad Company. J oseph H. W right, H erbert J . D eany, Of Counsel.