Henderson v. U.S., et.al. (No. 25, Oct. term, 1949)
Scope and Contents
This series contains copies of judicial opinions written by Burton, including several drafts with edits to language and content. Some are fragments. Also included is a conference list from 1945.
Dates
- Creation: 1945-1957, n.d.
Access Restrictions:
No restrictions.
Full Extent
From the Series: 0.4 Linear Feet
Language of Materials
From the Collection: English
Abstract
Question of whether Southern Railway Company's segregation of dining cars violated Interstate Commerce Act. Majority opinion: draft of footnotes; printed opinion.
Burton, J., holds railroad's refusal to seat "Negro" passenger in dining car, although seat available in section reserved for whites, was "'denial of a fundamental right of equality of treatment, a right specifically safeguarded by the provisions of the interstate Commerce Act.'" 339 U.S. act 825, 94 L.Ed. at 1311, quoting Mitchell v. United States, 313 U.S. 80 at 97 (refusal to provide Pullman seat to Negro holding first class ticket violated section 3(1) of Interstate Commerce Act), case held to be controlling here. In view of section 3(1), court finds it unnecessary to reach constitutional issues.
Repository Details
Part of the George J. Mitchell Department of Special Collections & Archives, Bowdoin College Library, Brunswick, Maine 04011 Repository
