A few examples will show the condition. A Negro applies by letter for admission to an automobile school, and is accepted; but on appearing with his fee his color debars his entrance. Carrying the case to court, the complaint is dismissed on the ground that the law which forbade exclusion from places of education on account of race and color is applicable only to public schools. Private institutions may do as they desire.
Again, a colored man tries to get a meal. At the first restaurant he is told that all the tables are engaged; at the next no one will serve him. Fearful of further rebuffs, he has to turn to the counter of a railway station. He wants to go to the theatre. Like Tommy Atkins, he is sent to the gallery or round the music halls. The white barber whose shop he enters will not shave him; and when night comes, he searches a long time before the hotel appears that will give him a bed. The sensitive man, still more the sensitive woman, often finds the city's attitude difficult to endure.
American Negroes have become familiar with racial lines, but the foreigner of African descent, a visitor to the city, meets with rebuffs that fill him with surprise as well as rage. Haytians and South Americans, men of continental education and wide culture, have been ordered away as "niggers" from restaurant doors, and at the box office of the theatre refused an orchestra seat. English Negroes from the West Indies, men and women of character and means, learn that New York is a spot to be avoided, and cross the ocean when they wish to taste of city life. In short, the stranger of Negro descent, if he be rash of temper, hurls anathemas at the villainously mannered Americans; or, if he be good-natured, shrugs his shoulders and counts New York a provincial settlement of four million people.
Northern Negroes believe this discrimination in public places against the black man to be increasing in New York. One, who came here fifteen years ago, tells of the simple and adequate test by which he learned that he had reached the northern city. Born in South Carolina, as he attained manhood he desired larger self-expression, broader human relations—he wanted "to be free," as he again and again expressed it. So leaving the cotton fields he started one morning to walk to New York. After a number of days he entered a large city and, uncertain in his geography, decided that this was his journey's end. "I'll be free here," he thought, and opening the door of a brightly lighted restaurant started to walk in. The white men at the tables looked up in astonishment, and the proprietor, laying his hand on the youth's shoulder, invited him, in strong southern accent, to go into the kitchen. "I reckon I'm not North yet," the Negro said, smiling a bright, boyish smile. Interested in his visitor's appearance, the proprietor took him into another room, gave him a good supper, and talked with him far into the night, urging the advantages of his staying in the South. But the youth shook his head, and the next morning trudged on. At length he reached a rushing city, tumultuous with humanity, and entering an eating-house was served a meal. To him it was almost a sacrament. He belonged not to a race but to humanity. He tasted the freedom of passing unnoticed. But it is doubtful if the same restaurant would serve him today.
Color lines, on these matters of entertainment as on others, are not hard and fast. A few hotels, chiefly those frequented by Latin people, receive colored guests; and while the foreign Negro meets with rudeness, he is rebuffed less than the native. "I can't get into that place as a southern darky," a black man laughingly says, pointing to a fashionable restaurant, "I'll be the Prince of Abyssinia." But as Prince or American his status is shifting and uncertain; here, preeminently, he is half a man.
Discrimination against any man because of his color is contrary to the law of the state. After the fifteenth amendment became a law, New York passed a civil rights bill, which as it stands, re-enacted in 1909, is very explicit. All persons within the jurisdiction of the state are entitled to the accommodation of hotels, restaurants, theatres, music halls, barbers' shops, and any person refusing such accommodation is subject to civil and penal action. The offence may be punished by fine or imprisonment or both.[8]
In 1888, the attempt to exclude three colored men from a skating-rink at Binghamton, N. Y., led to a suit against the owner of the rink, and his conviction. The case[9] reached the Court of Appeals, where the constitutionality of the civil rights bill was upheld. "It is evident," said Justice Andrews in his decision, "that to exclude colored people from places of public resort on account of their race is to fix upon them a brand of inferiority, and tends to fix their position as a servile and dependent people."
But despite the law and precedent, the civil rights bill is violated in New York. Occasionally colored men bring suit, but the magistrate dismisses the complaint. Usually the evidence is declared insufficient. A case of a colored man refused orchestra seats at a theatre is dismissed on the ground that not the proprietor but his employees turned the man away. A keeper of an ice-cream parlor, wishing to prevent the colored man from patronizing him, charges a Negro a dollar for a ten-cent plate. The customer pays the dollar, keeps the check, and brings the case to court. Ice-cream parlors are then declared not to come under the list of places of public entertainment and amusement. A bootblack refuses to polish the shoes of a Negro, and the court decides that a bootblack-stand is not a place of public accommodation, and refusal to shine the shoes of a colored man does not subject its proprietor to the penalties imposed by the law.[10] This last case was carried to the Court of Appeals, and the adverse judgment has led many of the thoughtful colored men of the city to doubt the value of attempting to push a civil rights suit. Litigation is expensive, and money spent in any personal rights case that attacks private business, whether the plaintiff be white or colored, is usually wasted. The civil rights law is on the books, and the psychological moment may arrive to insist successfully on its enforcement.
If there is an increase in discrimination against the Negro in New York solely because of his color, it is a serious matter to the city as well as to the race. Every community has its social conscience built up of slowly accumulated experiences, and it cannot without disaster lose its ideal of justice or generosity. New York has never been tender to its people, but it has a rough hospitality, what Stevenson describes as "uncivil kindness," and welcomes new-comers with a friendly shove, bidding them become good Americans. After the war, the Negro entered more than formerly into this general welcome. He was unnoticed, allowed to go his way without questioning word or stare, the position which every right-minded man and woman desires. But today New York has become conscious that he is dark-skinned, and her attitude affects her growing children. "I never noticed colored people," an old abolitionist said to me, "I never realized there were white and black until, when a boy of twelve, I entered a church and found Negroes occupying seats alone in the gallery." As New York returns to the gallery seats, her boys and girls return to consciousness of color and, from fisticuffs at school, move on to the race riots upon the streets with bullets among the stones.
The municipality, as we have seen, treats the Negro on the whole with justice; its standard is higher than the standard of the average citizen. It cherishes the ideal of democracy, and strives for impartiality toward its many nationalities and races. And the New York Negro in his turn does not allow his liberties to be tampered with without protest. But the New York citizen can hardly be described as friendly to the Negro. What catholicity he has is negative. He fails to give the black man a hearty welcome. "Do you know where I stayed the four weeks of my first trip abroad?" a colored clergyman once asked me. I refused to make a guess. "Well," he said a little shamefacedly, "it was in Paris. Paris may be a wicked city—any city has wickedness if you want to look for it—but I found it a place of kindliness and good-will. Every one seemed glad to be courteous, to assist me in my stumbling French, to show me the way on omnibus or boat, or through the difficult streets. It was so different from America; I was never wanted in the southern city of my youth. In Paris I was welcome."