United States v. City of Jackson, Mississippi, No. 3247.
| Court | United States District Courts. 5th Circuit. Southern District of Mississippi |
| Citation | 206 F. Supp. 45 |
| Docket Number | No. 3247. |
| Parties | UNITED STATES of America, Interstate Commerce Commission, Plaintiffs, v. CITY OF JACKSON, MISSISSIPPI, et al., Defendants. |
| Decision Date | 26 April 1962 |
206 F. Supp. 45
UNITED STATES of America, Interstate Commerce Commission, Plaintiffs,
v.
CITY OF JACKSON, MISSISSIPPI, et al., Defendants.
No. 3247.
United States District Court S. D. Mississippi, Jackson Division.
April 26, 1962.
Burke Marshall, Asst. Atty. Gen., St. John Barrett, Asst. Atty. Gen., Washington, D. C., Bernard P. Gould, Interstate Commerce Commission, Washington, D. C., for plaintiff.
Thomas H. Watkins, E. W. Stennett, Butler, Snow, O'Mara, Stevens & Cannada, Jackson, Miss., Wence F. Cerne, Chicago, Ill., for defendant.
MIZE, Chief Judge.
This action was brought by the United States of America and the Interstate Commerce Commission against three carriers, Continental Southern Lines, Inc., the Greyhound Corporation, and Illinois Central Railroad Company. The City of Jackson, Mississippi, and its officials were also made defendants.
The amended complaint questions the right of the carriers to use any facility which is in any way segregated as alleged violation of orders of the Interstate Commerce Commission. The amended complaint and motion filed thereunder seek a preliminary injunction against the City of Jackson and its officials on the ground that the maintenance of certain signs on the public sidewalk in the vicinity of said terminals and the alleged enforcement of Sections 2351.5, 2351.7 and 7787.5 of the Mississippi Code of 1942 violate the Fourteenth Amendment to and the Commerce Clause of the Constitution of the United States of America and an order of the Interstate Commerce Commission. The facts presented by the record on the hearing on motion for preliminary injunction cover a period slightly in excess of five months, from November 1, 1961, through April 9, 1962.
FINDINGS OF FACT
1. Each of the Jackson terminals of the carrier defendants are physically constructed so as to contain two waiting rooms with complete facilities incident thereto. Since November 1, 1961, there have been no signs of any kind or character on the premises of any such terminal designating any particular facility for use by any particular passenger. The carriers have fully complied with all orders of the Interstate Commerce Commission, and the carriers have not discriminated or attempted to discriminate in the use of any facility by any passenger.
2. Subject to certain exceptions hereinafter mentioned, there has been a tendency on the part of the white and colored passengers to use separate waiting rooms and facilities in the terminal of each carrier, but such action is entirely voluntary in nature and is not the result of any rule, regulation, practice or action on the part of any defendant in this case.
3. Subject to certain exceptions hereinafter mentioned, passengers of the colored race have freely used all facilities in all terminals which they desire to use.
4. The evidence discloses that the City of Jackson, acting through its Police Department, has placed on the public sidewalks, in the vicinity of carrier terminals, signs which state "Waiting Room for White Only — By Order Police Dept." and "Waiting Room for Colored Only — By Order Police Dept.". Such signs are placed solely on public property which is under the exclusive control and jurisdiction of the City of Jackson.
5. Said signs have not been enforced by the Police Department of the City of Jackson and have been placed on the public sidewalks for the sole purpose of assisting the members of both races who desire to use separate facilities in the terminals, if possible.
6. During said five month period four Negroes were arrested in bus or railway terminals in Jackson. None of same was arrested for violating any Mississippi statute attacked in this case or for acting contrary to the statements contained on the sidewalk signs. Their cases are now pending in the Courts of the State of Mississippi, and this Court should not attempt to determine the merits of those State Court actions. There was also evidence that two other members of the colored race were denied the right to use certain facilities in one of the terminals during the period in question. The unusual hours of the occurrences and the inability of these witnesses to identify the alleged police officers involved, together with the demeanor of these witnesses on the stand, have caused this Court to give little weight to their testimony. The incidents offered by the plaintiffs in an effort to show racial discrimination on the part of the City of Jackson and its officials fall far short of establishing a policy of discrimination on the part of said defendants. No connection was shown between the alleged incidents and the sidewalk signs complained of. No connection was shown between the use of various facilities by members of different races in the terminals and the sidewalk signs complained of.
7. The sidewalk signs contain language which is inappropriate for the
8. All facilities in all terminals of the carrier defendants are now being freely used by members of all races, and there is no justification for the issuance of a preliminary injunction in this case...
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United States v. City of Jackson, Mississippi, No. 19794.
...no standing to sue in this action. The district court agreed with these contentions and denied the motion for a preliminary injunction. 206 F. Supp. 45. We reverse and remand with directions that the injunction be 318 F.2d 5 I. The same sidewalk signs and the same segregated terminals were ......
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Palmer v. Thompson, No. 107
...Patterson, 199 F.Supp. 595 (S.D.Miss.1961), vacated, 369 U.S. 31, 82 S.Ct. 549, 7 L.Ed.2d 512 (1962); United States v. City of Jackson, 206 F.Supp. 45 (S.D.Miss.1962), rev'd, 318 F.2d 1, 5—6 (CA5 1963) (common carrier terminals), where the Court of Appeals stated: 'We again take judicial no......
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United States v. Biloxi Municipal School District, Civ. A. No. 2643
...73, affirmed C.A.5, 190 F.2d 1003; Scott v. Frazier, D.C.N.D., 258 F. 669; United States v. City of 219 F. Supp. 694 Jackson, D.C.Miss., 206 F.Supp. 45. It is the individual who is entitled to the equal protection of the laws. McCabe v. Atchison, etc., Company, 235 U.S. 151, 35 S.Ct. 69, 59......
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Fehrs v. United States, No. 85-75.
...agreement. We think this is too harsh a choice to impose upon a taxpayer. As the District Court pointed out in Van Keppel, supra, 206 F.Supp. at 45, the law provides that if the distributee acquires an interest in a corporation within 10 years from the date of distribution, the statute of l......
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United States v. City of Jackson, Mississippi, No. 19794.
...no standing to sue in this action. The district court agreed with these contentions and denied the motion for a preliminary injunction. 206 F. Supp. 45. We reverse and remand with directions that the injunction be 318 F.2d 5 I. The same sidewalk signs and the same segregated terminals were ......
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Palmer v. Thompson, No. 107
...Patterson, 199 F.Supp. 595 (S.D.Miss.1961), vacated, 369 U.S. 31, 82 S.Ct. 549, 7 L.Ed.2d 512 (1962); United States v. City of Jackson, 206 F.Supp. 45 (S.D.Miss.1962), rev'd, 318 F.2d 1, 5—6 (CA5 1963) (common carrier terminals), where the Court of Appeals stated: 'We again take judicial no......
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United States v. Biloxi Municipal School District, Civ. A. No. 2643
...73, affirmed C.A.5, 190 F.2d 1003; Scott v. Frazier, D.C.N.D., 258 F. 669; United States v. City of 219 F. Supp. 694 Jackson, D.C.Miss., 206 F.Supp. 45. It is the individual who is entitled to the equal protection of the laws. McCabe v. Atchison, etc., Company, 235 U.S. 151, 35 S.Ct. 69, 59......
-
Fehrs v. United States, No. 85-75.
...agreement. We think this is too harsh a choice to impose upon a taxpayer. As the District Court pointed out in Van Keppel, supra, 206 F.Supp. at 45, the law provides that if the distributee acquires an interest in a corporation within 10 years from the date of distribution, the statute of l......