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.