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In short, my stay in Pretoria enabled me to make a deep study of the social, economic and political condition of the Indians in the Transvaal and the Orange Free State. I had no idea that this study was to be of invaluable service to me in the future. For I had thought of returning home by the end of the year, or even earlier, if the case was finished before the year was out.
But God disposed otherwise.
Chapter 38
WHAT IT IS TO BE A 'COOLIE'
It would be out of place here to describe fully the condition of Indians in the Transvaal and the Orange Free State. I would suggest that those who wish to have a full idea of it may turn to my History of Satyagraha in South Africa. It is, however, necessary to give here a brief outline.
In the Orange Free State the Indians were deprived of all their rights by a special law enacted in 1888 or even earlier. If they chose to stay there, they could do so only to serve as waiters in hotels or to pursue some other such menial calling. The traders were driven away with a nominal compensation. They made representations and petitions, but in vain.
A very stringent enactment was passed in the Transvaal in 1885. It was slightly amended in 1886, and it was provided under the amended law that all Indians should pay a poll tax of £ 3 as fee for entry into the Transvaal. They might not own land except in locations set apart for them, and in practice even that was not to be ownership. They had no franchise. All this was under the special law for Asiatics, to whom the laws for the coloured people were also applied. Under these latter, Indians might not walk on public footpaths, and might not move out of doors after 9 P. M. without a permit. The enforcement of this last regulation was elastic so far as the Indians were concerned. Those who passed as 'Arabs' were, as a matter of favour, exempted from it. The exemption thus naturally depended on the sweet will of the police.
I had to experience the effect of both these regulations. I often went out at night for a walk with Mr. Coates, and we rarely got back home much before ten o'clock. What if the police arrested me? Mr. Coates was more concerned about this than I. He had to issue passes to his Negro servants. But how could he give one to me? Only a master might issue a permit to a servant. If ! had wanted one, and even if Mr. Coates had been ready to give it, he could not have done so, for it would have been fraud.
So Mr. Coates or some friend of his took me to the State Attorney, Dr. Krause. We turned out to be barristers of the same Inn. The fact that I needed a pass to enable me to be out of doors after 9 P.M. was too much for him. He expressed sympathy for me. Instead of ordering for me a pass, he gave me a letter authorizing me to be out of doors at all hours without police interference. I always kept this letter on me whenever I went out. The fact that I never had to make use of it was a mere accident.
Dr. Krause invited me to his place, and we may be said to have become friends. I occasionally called on him, and it was through him that I was introduced to his more famous brother, who was public Prosecutor in Johannesburg. During the Boer War he was court-martialled for conspiring to murder an English officer, and was sentenced to imprisonment for seven years. He was also disbarred by the Benchers. On the termination of hostilities he was released and being honourably readmitted to the Transvaal bar, resumed practice.