HENDERSON v. UNITED STATES

No. 25.

339 U.S. 816 (1950)

HENDERSON v. UNITED STATES ET AL.

Supreme Court of United States.

Decided June 5, 1950.


Attorney(s) appearing for the Case

Belford V. Lawson, Jr. and Jawn Sandifer argued the cause for appellant. With them on the brief were Marjorie M. McKenzie, Sidney A. Jones, Jr., Earl B. Dickerson, Josiah F. Henry, Jr., Theodore M. Berry and George H. Windsor.

Attorney General McGrath and Solicitor General Perlman argued the cause for the United States, appellee, urging reversal. With Mr. Perlman on the brief were Assistant Attorney General Bergson, Charles H. Weston and Philip Elman.

Allen Crenshaw argued the cause for the Interstate Commerce Commission, appellee, urging affirmance. With him on the brief was Daniel W. Knowlton.

Charles Clark argued the cause for the Southern Railway Co., appellee. With him on the brief were Sidney S. Alderman and Arthur J. Dixon.

By special leave of Court, The Honorable Sam Hobbs, a member of the Committee on the Judiciary of the House of Representatives, argued the cause and filed a brief, as amicus curiae, urging affirmance.

Briefs of amici curiae, supporting appellant, were filed by Robert J. Silberstein, Mozart G. Ratner and Ruth Weyand for the National lawyers Guild; Phineas Indritz for the American Veterans Committee, Inc.; Arthur J. Goldberg for the Congress of Industrial Organizations; Will Maslow, Shad Polier and Joseph B. Robison for the American Jewish Congress; Robert L. Carter and Thurgood Marshall for the National Association for the Advancement of Colored People; and Joseph R. Booker, Richard E. Westbrooks, Lucia T. Thomas, William A. Booker, Georgia Jones Ellis, Earl B. Dickerson and Joseph E. Clayton, Jr. for the Civil Rights Committee of the National Bar Association.


MR. JUSTICE BURTON delivered the opinion of the Court.

The question here is whether the rules and practices of the Southern Railway Company, which divide each dining car so as to allot ten tables exclusively to white passengers and one table exclusively to Negro passengers, and which call for a curtain or partition between that table and the others, violate § 3 (1) of the Interstate Commerce Act. That section makes it unlawful for a railroad in interstate commerce...

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