It will be said, however, that such drastic action is not general in the South; but throughout the Black Belt the negroes suffer from arrests and impositions for petty offenses which make their lives sometimes miserable. The large number of negroes owning automobiles is a source of many conflicts. Many collisions, possibly avoidable, have resulted in wresting from the negroes concerned excessive damages which go to increase the returns of the courts. For example, the chauffeur of one of the most influential negroes in Mississippi collided with a white man's car. Although there was sufficient evidence to exonerate the chauffeur concerned, the owner of the vehicle was forced to pay damages and sell his car.[24]
In the Birmingham district of Alabama a striking discrimination is made in the arrests for failure to pay the street tax. Mr. Henry L. Badham, President of the Bessemer Coal, Iron and Land Company, said in commenting on the causes of the migration:
I do not blame the negroes for going away from Birmingham. The treatment that these unfortunate negroes are receiving from the police is enough to make them desire to depart. The newspapers have printed articles about the departure of the laborers from Birmingham. On one page there is a story to the effect that something should be done to prevent the exodus of the negroes to other cities. And then on the same page there appears a little paragraph stating that negroes were arrested for failure to pay $2.50 street tax. The injustice of arresting these negroes for the inability to have $2.50 ready to turn over into the coffers of the city is obvious. While they have been taken into custody, despite their protests that they merely have not a sufficient amount of money with which to meet the demand, you do not see that white men are arrested for the failure to pay the tax. There is no gainsaying the fact that there are thousands of men walking the streets who have not paid a similar sum into the treasury of the city. The negroes ought to get a square deal. When he is without funds, you can not blame him for that. The city police ought to be more reliable, or at least show no favoritism.[25]
The fee system in the courts of the South is one of the most effective causes of the migration. The employers of labor fought this system for eight years and finally got it abolished in Jefferson county, Alabama. Under this system the sheriff received a fee for feeding all prisoners. The greater the number of prisoners, the greater would be the income for the sheriff's office. As a result, it became customary in Jefferson county, Alabama, to arrest negroes in large numbers. Deputy sheriffs would go out to mining camps where there were large numbers of laborers and bring back fifty or more negroes at a time. This condition became unbearable both to the employer and to the employe. Calling attention to the evil of this fee system, Dr. W.H. Oates, State Prison Inspector, said in his annual report for 1914:[26]
The vile, pernicious, pervading fee system beggars description and my vocabulary is inadequate to describe its deleterious and baneful effects. It increases in the management of our jails greed for the almighty dollar. Prisoners are arrested because of the dollar and, shame to say, are frequently kept in captivity for months in steel cages for no other reason than the almighty dollar.
During the fiscal year ending September 30, 1917, Jefferson county had 6,000 prisoners as follows:
| In jail at the beginning of the year | 328 | |
| Incarcerated during the year: | ||
| White men | 1,289 | |
| Negro men | 3,636 | |
| White women | 118 | |
| Negro women | 969 | |
| Total | 6,340 | |
The fee bill, according to the sheriff's annual report of this department was $37,688.90. As the law provided that for each prisoner the sheriff shall receive 30 cents a day for feeding, and as a matter of fact the sheriff fed them for 10 cents a day, it is clear that he made a net profit of $25,125.94 during one fiscal year or at the same rate for his term of four years, $100,503.76.[27]
Another frequent complaint was directed against the accommodations for travel. It generally happens that the cars are crowded because the amount of space allotted is insufficient, and negroes as a class are denied accommodation in sleeping and dining cars. Usually there is but one toilet for both sexes and the waiting rooms at stations are cut off, unclean and insanitary. Then there are numerous petty offenses, which in themselves appear trifling, but which are spoken of as being on the whole considerably annoying. White men are permitted to come into the negroes' part of the coach and entertain the conductor, newsboy and flagman, all of whom usually make their headquarters there. The drunkards, the insane and other undesirables are forced into this comparment among negro women who have to listen to oaths and vulgar utterances. In stopping at some points, the trains halt the negro car in muddy and abominably disagreeable places; the rudeness and incivility of the public servants are ever apparent, and at the stations the negroes must wait at a separate window until every white passenger has purchased a ticket before he is waited on, although he may be delayed long enough to miss the train.
Both whites and negroes in mentioning the reasons for the movement generally give lynching as one of the most important causes and state that the fear of the mob has greatly accelerated the exodus. Negroes in Florida gave as their reason for going north the horrible lynchings in Tennessee. The white press in Georgia maintained that lynchings were driving the negroes in large numbers from that State. A careful study of the movement, however, shows that bad treatment by representatives of the law caused almost as many negroes to leave the South as lynchings, for, whereas lynchings were more or less sporadic, persecutions and mistreatment by representatives of the law were trials which all negroes had continually to bear and from which they were anxious to escape.[28]