Probably the most recent case on the subject is one which arose about two years ago in Virginia. A certain Mrs. Stone boarded a train at Myrtle, Virginia. In spite of her protests, the conductor compelled her to go into the “Jim Crow” coach, thinking that she was a Negro. After she had entered the car, a Negro passenger recognized her and said, “Lor’, Miss Rosa, this ain’t no place for you; you b’long in the cars back yonder.” Mrs. Stone rode on to Suffolk, the next station, and left the train. She sued the railroad company for one thousand dollars damages. It appeared that Mrs. Stone was much tanned: this probably caused the conductor to mistake her for a Negro.
It will have been noticed that all the courts which have held it actionable per se to call a white person a Negro have been in the Southern States. It is doubtful whether the courts in other sections would take the same view, and even Kentucky, a Southern State, has refused so to do. The attitude of the court depends upon whether it is the consensus of opinion among the people of the community that it is injurious to a white man in his business and social relations to be called a Negro.
The above is clearly another race distinction. Although there are many decisions to the effect that it is actionable per se to call a white person a Negro, not one can be found deciding whether it would be so to call a Negro a white person. One event looks, in a measure, in this direction. The city of Asheville, North Carolina, in 1906, contracted with a printer to have a new city directory issued. The time-honored custom of the place was to distinguish white and Negro citizens by means of an asterisk placed before the names of all Negroes. After the directory had been distributed, it was found that asterisks had been placed before the names of two highly respected white citizens, thus indicating that they were of Negro lineage. From what has been seen, there is no doubt that this would found an action for libel. The newspaper report says: “On the heels of this suit brought by Mr. Lancaster [one of the white persons], it is said that Henry Pearson is seriously considering bringing suit against the same people because an asterisk was not[[54]] placed before his name. Henry is a Negro. In fact he is one of the best-known Negroes in Asheville. He is at present proprietor of the Royal Victoria, a Negro hotel, and complains that he has been the object of many unpleasant jests since the publication of the directory, and likewise inquiries as to just ‘when he turned white.’ Pearson fears that if the report goes abroad that he is a white man it will damage his hotel, and that the Negroes who make his place headquarters and who pay into Henry’s hands many shekels will cease to patronize his hotel, and that his losses will be grievous.”[[55]] This case is unique; whether it has been brought to court is as yet unknown. It is probable that to sustain his action it would be necessary for the Negro to prove special damage to his business; whereas Mr. Lancaster would not have to allege or prove any damage at all. But, save in such a case as the above, it would be hard to imagine a circumstance in which a court would hold that it is injurious to a Negro in his trade, business, office, profession, or in his social relations to be called a white man.
NOTES
[44]. Eden v. Legare, 1791, 1 Bays (S. C.) 171.
[45]. Wood v. King, 1818, 1 Nott & McC. (S. C.) 184.
[46]. Barrett v. Jarvis, 1823, 1 O. (1 Hammond) 84, note.
[47]. McDowell v. Bowles, 1860, 8 Jones (N. C.) 184.
[48]. Spotarno v. Fourichon, 1888, 40 La. Ann. 423.
[49]. Upton v. Times-Democrat Pub. Co., 1900, 28 So. 970.