THE MARYLAND INTER-RACIAL COMMISSION	13
III.
)/	PUBLIC SERVICE
In 1904 the Legislature enacted a law to require railways to provide separate passenger cars for white and colored passengers upon all lines of traffic in the State. However, the Court of Appeals subsequently held that the law could not be enforced as to interstate passengers, (who constitute probably 90% of the passenger traffic of the State), leaving the terms of the Act to apply only to those passengers traveling from and to points within the State.
The effect of the construction of the law by the CfourtTof Appeals has been to release those railroads having the longer haul passengers from the necessity of providing! the extra equipment for separate accommodations, and to impose the burden and extra cost of rolling stock and employees upon those railroads wholly within the State, some of which have only a few miles of trackage with very irregular traffic.
If John Jones, a Negro from Virginia, or from the South, travels to Baltimore or to other points within or north of Maryland, he travels without segregation. On the other hand, if William Smith, a progressive, productive Negro citizen of Maryland, wishes to travel to Baltimore or to other points within the State, where he pays taxes and produces some part of the wealth of the State, he is forced under the Act of 1904 to suffer whatever inconvenience that Act imposes. If any restrictions were necessary they should not be limited to our own citizens who till our farm lands, perform the industrial and domestic labor, and respond to every need of the commonwealth to the full extent of their ability.
The Act of 1904 prescribed equal but separate accommodations for the two races. It is well known that it has been impossible for the railroads to carry out this provision as to equal accommodation. Railroad equipment must depend upon the amount of traffic and no railroad could operate its lines by doubling equipment absolutely necessary. We have all seen railways hauling two passenger coaches with not enough passengers in both of them to properly fill one coach.