AuthorTitleCitationSummaryYearTypeKey Terms in Title or SummaryCase Status
  Consolidated Reply Brief for Petitioners, James M. Hurd and Mary I. Hurd, Petitioners, V. Frederic E. Hodge, Lena A. Murray Hodge, Pasquale Derita, Victoria Derita, Constantino Marchegiani, Mary M. Marchegiani, Balduino Giancola and Margaret Giancola, Res Supreme Court of the United States, Docket Number Nos. 290, 291 (1/13/1948) The Petitioners submit the following Consolidated Reply Brief to the Respondents' Consolidated Brief. THE BRIEFS OF THE RESPONDENTS AND OF THE PROTECTIVE ASSOCIATIONS SUPPORTING RACIAL... 1948 Briefs Yes  
  Constitutional Law - Equal Protection of the Laws - Judicial Enforcement of Racial Restrictive Covenants Is State Action Prohibited by the Fourteenth Amendment 61 Harvard Law Review 1450 (September, 1948) A Negro purchased from a willing seller property restricted by covenant against use and occupancy by any person not of the Caucasian race. On the petition of an adjoining landowner, a state court ordered an injunction restraining the Negro from taking possession of the property and directed that title be revested in the seller. Held, on... 1948 Law Review Articles and Other Secondary Sources Yes  
  Constitutional Law--equal Protection of the Laws-- California Miscegenation Statute Held Unconstitutional 62 Harvard Law Review 307 (December, 1948) Petitioners, a white woman and a Negro man, applied for a marriage license. The county clerk refused the application in compliance with Cal. Civ. Code § 69 (Deering 1941), which states that no license may be issued authorizing the marriage of a white person with a Negro, mulatto, Mongolian, or member of the Malay race, and § 60, which provides... 1948 Law Review Articles and Other Secondary Sources Yes  
  Constitutional Law--equal Protection of the Laws-- Federal Court Holds Private School, Although Receiving Substantial Public Assistance, May Discriminate Against Negroes 62 Harvard Law Review 126 (November, 1948) A privately owned nonprofit art school receives an annual subsidy from the city of Baltimore and the state of Maryland, in return for which each member of the city council and the state senate appoints one student yearly free of tuition. The students thus appointed constitute five per cent of the 2000 enrollment; the subsidy amounts to twenty-three... 1948 Law Review Articles and Other Secondary Sources Yes  
Dudley Byran Foy, Jr. Constitutional Law-state Regulation of Foreign Commerce-race Segregation and the Commerce Clause 27 Texas Law Review 88 (November, 1948) The appellant, a Michigan corporation operating steamships for the transportation of its patrons from Michigan to a Canadian island, which it owned in fee and operated as an amusement park, refused passage, as was its practice, to a Negro. The appellant was then convicted of a violation of the Michigan Civil Rights Act requiring equal... 1948 Law Review Articles and Other Secondary Sources Yes  
  County School Bd. Of Chesterfield County V. Freeman 171 F.2d 702, United States Court of Appeals Fourth Circuit, Docket Number 5812 (12/3/1948) Appeal from the United States District Court for the Eastern District of Virginia, at Richmond; Sterling Hutcheson, Judge. Suit by Arthur M. Freeman and others against the County School Board of Chesterfield County and another to enjoin discrimination in pay on ground of race. From an adverse judgment, 82 F.Supp. 167, defendants appeal. Affirmed. 1948 Cases Yes  
  Culver V. City of Warren 84 Ohio App. 373, Court of Appeals of Ohio, Seventh District, Trumbull County, Docket Number 1183 (7/6/1948) SKEEL, J., dissenting. Action in equity by James Culver and others against the City of Warren and others for declaratory judgment, injunction and equitable relief determining rights of colored citizens to use municipal swimming pool. From a judgment for defendants, plaintiffs appeal on questions of law and fact.[Editorial Statement.] Decree... 1948 Cases Yes This has some negative history but hasn’t been reversed or overruled.
  Davis V. Cook 80 F.Supp. 443, United States District Court, N.D. Georgia, Atlanta Division, Docket Number 2682 (9/28/1948) Action by Samuel L. Davis on behalf of himself and other Negro teachers and principals similarly situated against E. S. Cook, and others for a declaratory judgment that the Board of Education of the City of Atlanta is pursuing a discriminatory policy in violation of the Fourteenth Amendment by consistently paying Negro teachers and principals in... 1948 Cases Yes  
  Day V. Atlantic Greyhound Corp. 171 F.2d 59, United States Court of Appeals, Fourth Circuit, Docket Number 5803 (12/7/1948) Appeal from the United States District Court for the Eastern District of Virginia, at Richmond; Sterling Hutcheson, Judge. Action by Adeline Atwell Day against the Atlantic Greyhound Corporation to recover for personal damages which allegedly grew out of enforcement of a regulation of the carrier which required the segregation of white and colored... 1948 Cases Yes This has some negative history but hasn’t been reversed or overruled.
  Earley V. Baughman 200 Okla. 649, Supreme Court of Oklahoma, Docket Number 33743 (11/3/1948) Appeal from District Court, Oklahoma County; Lewis R. Morris, Judge. Action by Iris M. Baughman and another against Edward Earley and others to enforce a restrictive covenant against sale of real property to members of the Negro race. From judgment for plaintiffs, the defendants appeal. Reversed with directions. 1948 Cases Yes  
  Federal Power to Prosecute Violence Against Minority Groups 57 Yale Law Journal 855 (March, 1948) The gulf between American ideals and social practices is sharply revealed in the recent Report of the President's Committee on Civil Rights. Perhaps the most serious discrepancy noted by the Committee is the continued use of violence by both private citizens and public officers as a weapon for con trolling Negroes and other minorities through fear.... 1948 Law Review Articles and Other Secondary Sources Yes  
  Hinton V. Seaboard Air Line R. Co. 170 F.2d 892, United States Court of Appeals, Fourth Circuit, Docket Number 5798 (11/8/1948) Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk; Albert V. Bryan, Judge. Class suit by David H. Hinton and others against the Seaboard Air Line Railroad Company and others, to enjoin enforcement of alleged discriminatory provisions of collective bargaining agreement. From an order enjoining prosecution... 1948 Cases Yes This has some negative history but hasn’t been reversed or overruled.
  Jury - Challenges and Objections - Challenging Peremptorily All Negroes on Jury Panel by Federal Prosecutor Held Not Improper 61 Harvard Law Review 1455 (September, 1948) Defendants, three Negroes, were tried for the murder of a white man and found guilty by a jury in the District Court for the District of Columbia. All Negroes on the panel had been excluded from the jury by Government counsel's exercise against them of nineteen of the twenty peremptory challenges authorized. Two of the defendants moved for a new... 1948 Law Review Articles and Other Secondary Sources Yes  
  Kemp V. Rubin 297 N.Y. 955, Court of Appeals of New York (4/22/1948) Appeal from Supreme Court, Appellate Division, Second Department, 273 App.Div. 789, 75 N.Y.S.2d 768. Action by Harold F. Kemp and others, on behalf of themselves and all others equally interested, against Sophie Rubin and Samuel Richardson to enjoin the defendant Sophie Rubin from conveying her property to the defendant Samuel Richardson, a Negro,... 1948 Cases Yes  
  Law V. Mayor and City Council of Baltimore 78 F.Supp. 346, District Court, D. Maryland, Docket Number CIV A 3837 (6/18/1948) Action by Charles R. Lawagainst Mayor and City Council of Baltimore and others, for enforcement of civil rights arising from Fourteenth Amendment, U.S.C.A. Const. Amend. 14, in regard to use of municipal golf course by Negro golfers. Judgment for plaintiff in accordance with opinion. 1948 Cases Yes  
  Lawrence V. Hancock 76 F.Supp. 1004, District Court, S.D. West Virginia, Docket Number CIV. 795 (2/11/1948) Action by Paul Lawernce against George M. Hancock and others in their official capacity as members of the City Council of City of Montgomery and others for a judgment declaring plaintiff's rights to use of a swimming pool and for injunction against defendants to restrain them from discriminating against plaintiff because of his race. Complaint... 1948 Cases Yes This has some negative history but hasn’t been reversed or overruled.
  Malicke V. Milan 320 Mich. 65, Supreme Court of Michigan, Docket Number 32 (1/5/1948) Suite by Joseph Malicke and Stella Malicke, his wife, and others against John T. Milan and Nettie L. Milan, his wife, to enforce a racial restriction agreemen t. Decree for plaintiff, and defendants appeal. Affirmed. 1948 Cases Yes  
  Mclaurin V. Oklahoma State Regents for Higher Educ. 87 F.Supp. 526, United States District Court W.D. Oklahoma, Docket Number CIV. 4039 (10/6/1948) G. W. Mclaurin brought suit against the Oklahoma State Regents for Higher Education and others, to enjoin defendants from refusing to admit plaintiff, a Negro, to the University of Oklahoma for purpose of pursuing a postgraduate course in education leading toward a doctor's degree. The district court, sitting as a three judge court, retained... 1948 Cases Yes  
  Motion and Brief for the National Association for the Advancement of Colored People and the National Lawyers Guild as Amici Curiae., Takahashi V. Fish and Game Com'n Supreme Court of the United States, Docket Number No. 533 (4/19/1948) To the Honorable the Chief Justice of the United States and the Associate Justices of the Supreme Court of the United States: The undersigned, as counsel for and on behalf of the National... 1948 Briefs Yes  
Isaac N. Groner , David M. Helfeld Race Discrimination in Housing 57 Yale Law Journal 426 (January, 1948) The Report of the President's Committee on Civil Rights has once again called public attention to the discrepancy between American aspiration and accomplishment in race relations. Housing clearly illustrates the national failure to treat individuals on the basis of individual merit rather than racial myth. In the construction of the twelve million... 1948 Law Review Articles and Other Secondary Sources Yes  
  Shelley V. Kraemer 334 U.S. 1, Supreme Court of the United States, Docket Number 72, 87 (5/3/1948) Suit by Louis Kraemer and wife against J. D. Shelley and wife to enforce restrictive covenants against occupancy or ownership of property by people of the Negro race. A judgment for defendants was reversed by the Supreme Court of Missouri, 355 Mo. 814, 198 S.W.2d 679, and the defendants bring certiorari. Reversed. Suit by Benjamin J. Sipes and... 1948 Cases Yes This has some negative history but hasn’t been reversed or overruled.
  Sipuel V. Board of Regents of University of Okl. 199 Okla. 586, Supreme Court of Oklahoma, Docket Number 32756 (1/17/1948) Appeal from District Court, Cleveland County; Ben T. Williams, Judge. Action in mandamus by Ada Lois Sipuel against the Board of Regents of the University of Oklahoma and others to compel Negro petitioner's admittance and enrollment in law school of the University of Oklahoma. The United States Supreme Court, 68 S.Ct. 299, reversed the judgment of... 1948 Cases Yes  
  Tovey V. Levy 401 Ill. 393, Supreme Court of Illinois, Docket Number 30577 (11/18/1948) Suit by George E. Tovey and others against Hyman L. Levy and others, to restrain the defendants and any other persons claiming by, through, or under them from leasing or permitting occupancy by any Negroes of certain premises, and from permitting acquisition of any interest therein by any Negroes in contravention of covenants of an agreement, and... 1948 Cases Yes  
  Whitmyer V. Lincoln Parish School Bd. 75 F.Supp. 686, District Court, W.D. Louisiana, Monroe Division, Docket Number CIV 2250 (2/11/1948) Action for a declaratory judgment by Carl D. Whitmyer, individually and on behalf of others similarly situated, against Lincoln Parish School Board, a body corporate, and H. L. Campbell, Superintendent, for a declaration that the rights of colored teachers were equal with those of white teachers with the same qualifications, training and... 1948 Cases Yes This has some negative history but hasn’t been reversed or overruled.
  Adamson V. People of State of California 332 U.S. 46, Supreme Court of the United States, Docket Number 102 (6/23/1947) Admiral Dewey Adamson was convicted of murder in the first degree, the conviction was affirmed by the Supreme Court of the State of California, 27 Cal.2d 478, 165 P.2d 3, and the defendant appeals Affirmed. Mr. Justice BLACK, Mr. Justice MURPHY, Mr. Justice DOUGLAS and Mr. Justice RUTLEDGE, dissenting. 1947 Cases Yes This is no longer good law for at least one of the points of law it contains.
  Bogan V. Saunders 71 F.Supp. 587, District Court of the United States for the District of Columbia, Docket Number CIV. 38276 (5/7/1947) Action by Joseph Bogan and others against William L. Saunders and others for an injunction against transfer of described realty to or leasing or occupancy of such realty by negroes in violation of restrictive agreement and for cancellation of a deed, wherein Raphael C. Urciolo intervened. Injunction granted. 1947 Cases Yes  
  Brief of American Civil Liberties Union, Amicus Curiae, Shelley V. Kraemer Supreme Court of the United States, Docket Number Nos. 72, 87, 290, 291 (12/9/1947) This brief is filed with the consent of the parties. The American Civil Liberties Union is a non-profit, non-partisan organization having a nation-wide membership of persons of all racial... 1947 Briefs Yes  
  Brief of American Veterans Committee (Avc), Amicus Curiae, Shelley V. Kraemer Supreme Court of the United States, Docket Number Nos. 72, 87, 290, 291 (11/24/1947) These four cases involve the enforcement by judicial action of racial restrictive covenants to prevent American citizens, solely on the basis of their race or color, from continuing to... 1947 Briefs Yes  
  Brief of the Japanese American Citizens Leagueã—amicus Curiae, James M. Hurd and Mary I. Hurd, Petitioners, V. Frederic E. Hodge, Lena A. Murray Hodge, Pasquale Derita, Victoria Derita, Constantino Marchegiani, Mary M. Marchegiani, Balduino Giancola and M Supreme Court of the United States, Docket Number No. 290 (12/1/1947) The Japanese American Citizens League is an organization of United States citizens. Membership is open to all, regardless of race, color or creed. The program of the JACL is best described... 1947 Briefs Yes  
Jos. P. Witherspoon, Jr. Carriers-duty to Anticipate and Prevent Injury to Passengers Growing out of Racial Confilct 25 Texas Law Review 416 (April, 1947) During an argument between two street car passengers, one a negro and the other white, each protested to the car operator, who did not intervene. A fight ensued in which the white man was killed. In a suit by the deceased's wife against the carrier, the trial court overruled defendant's motion for a directed verdict. Held, the motion was properly... 1947 Law Review Articles and Other Secondary Sources Yes  
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