AuthorTitleCitationSummaryYearTypeKey Terms in Title or SummaryCase Status
  Durkee V. Murphy 181 Md. 259, Court of Appeals of Maryland, Docket Number 55, 56, 54 (12/8/1942) Appeals from Superior Court of Baltimore City; Eugene O'Dunne, Judge. Action by D. Arnett Murphy against Frank H. Durkee and others, constituting the Board of Park Commissioners of Baltimore City, Md., and others, for a writ of mandamus to remove restriction segregating negro golf players on one of the four courses maintained by defendant city in... 1942 Cases Yes This has some negative history but hasn’t been reversed or overruled.
  In re Gray's Succession 201 La. 121, Supreme Court of Louisiana, Docket Number 36327 (6/29/1942) Appeal from First Judicial District Court, Parish of Caddo; Robert J. O'Neal, Judge. Proceeding in the matter of the succession of Silas Gray, deceased, to have plaintiffs, his descendants, recognized as the irregular heirs of Silas Gray and placed in possession of his estate. From an adverse judgment, defendants, as heirs of Milton Gray, appeal.... 1942 Cases Yes This has some negative history but hasn’t been reversed or overruled.
  Lyons V. Wallen 191 Okla. 567, Supreme Court of Oklahoma, Docket Number 30851 (12/8/1942) Appeal from District Court, Oklahoma County; Lucius Babcock, Judge. Action in equity by J. W. Wallen against S. D. Lyons and others for cancellation of deeds to the named defendant and for an injunction against the other defendants to enjoin them from selling or leasing realty to persons of the Negro or African race, and to enjoin the named... 1942 Cases Yes This has some negative history but hasn’t been reversed or overruled.
Louis Lusky Minority Rights and the Public Interest 52 Yale Law Journal 1 (December, 1942) One of the by-products of the effort to win the present war is a growing realization that the members of racial, national and religious minorities in this country can make an important contribution to the production of goods and the fighting of battles. Many who have placidly tolerated discrimination in peacetime now view with considerable alarm... 1942 Law Review Articles and Other Secondary Sources Yes  
  State ex Rel. Michael V. Witham 15 Beeler 250, Supreme Court of Tennessee (11/7/1942) Appeal from Chancery Court, Knox County; A. E. Mitchell, Chancellor. Mandamus suits by the State of Tennessee, on the relation of Joseph M. Michael and others, against Henry B. Witham and others, seeking to compel negro complainants' admittance as regularly enrolled students of the University of Tennessee. From a decree for defendants, complainants... 1942 Cases Yes  
  Thomas V. Hibbitts 46 F.Supp. 368, District Court, M.D. Tennessee, Nashville Division, Docket Number CIV. 202 (7/28/1942) Suit by Harold E. Thomas against Louis M. Hibbitts and others for a declaratory judgment as to legality of the action of the Board of Education of the City of Nashville in establishing different schedules of compensation for white and negro teachers, to recover for services previously rendered on the basis of the schedule of compensation... 1942 Cases Yes This has some negative history but hasn’t been reversed or overruled.
  Ammons V. Murphree 191 Miss. 238, Supreme Court of Mississippi, Docket Number 34374 (6/14/1941) In Banc. Appeal from Circuit Court, Hinds County; J. P. Alexander, Judge. On suggestions of error. Suggestions of error overruled. For former opinion, see 2 So.2d 555. SMITH, C. J., and ANDERSON, J., dissenting. 1941 Cases Yes  
  Bailey V. Washington Theatre Co. 218 Ind. 513, Supreme Court of Indiana, Docket Number 27520 (5/19/1941) Action by Walter T. Bailey against the Washington Theatre Company and others for denying plaintiff admission to a theatre because of his being a negro. From a judgment for defendants, plaintiff appealed to the Appellate Court, which transferred the case under Burns' Ann.St. § 4218. Reversed and remanded. 1941 Cases Yes This has some negative history but hasn’t been reversed or overruled.
William R. Bandy Criminal Procedure-race Discrimination on the Grand and Petit Jury 20 Texas Law Review 104 (November, 1941) Appellant, a negro, complaining of intentional exclusion of negroes from the grand jury which indicted him, introduced evidence that about one-third of the population of the county was colored, that four or five hundred negroes were qualified to serve as jurors, and that, within the memory of several persons forty to fifty years of age, no negroes... 1941 Law Review Articles and Other Secondary Sources Yes  
  Ervin V. Seikel 189 Okla. 682, Supreme Court of Oklahoma, Docket Number 29703 (10/7/1941) Appeal from District Court, Pottawatomie County; Kenneth Jarrett, Judge. Proceeding before Arguyle Seikel, as County Superintendent of Schools, Pottawatomie County, Oklahoma, to establish a school for children of the white race in a school district where the sole previously existing school was one for the children of the colored race and to... 1941 Cases Yes  
  In re License of I. B. P. O. E. of W., John F. Moorland Lodge No. 801 42 Pa. D. & C. 222, Court of Quarter Sessions of the Peace of Pennsylvania, Beaver County (1/1/1941) The Aliquippa plant of the Jones & Laughlin Steel Corporation is located in the Borough of Aliquippa, with a population close to 30,000, many of whom belong to the colored race. The I. B. P. O. E. of W., John F. Moorland Lodge No. 801 is the Colored Elks lodge in said borough, the membership of which consists of a number of most... 1941 Cases Yes  
  Mcdaniel V. Board of Public Instruction for Escambia County, Fla. 39 F.Supp. 638, District Court, N.D. Florida, Docket Number CIV. 70 (7/3/1941) Action by Vernon McDaniel, on behalf of himself and others similarly situated, against the Board of Public Instruction for the county of Escambia, State of Florida, and another to obtain a declaratory judgment that policy of paying negro teachers at a lower rate than white teachers was a denial of equal protection of the laws, and to obtain an... 1941 Cases Yes  
  O'connor V. Dallas Cotton Exchange 153 S.W.2d 266, Court of Civil Appeals of Texas, Dallas, Docket Number 13032 (5/30/1941) Appeal from Dallas County Court; Tom Nash, Judge. Action by A. D. O'Connor against the Dallas Cotton Exchange, for damages sustained when plaintiff's wife was wrongfully excluded from passenger elevator set apart for whites and compelled to ride with negroes in an elevator set aside for their use. From the judgment, the plaintiff appeals. Reversed... 1941 Cases Yes  
  The Pullman Case: a Limitation on the Business of the Federal Courts 54 Harvard Law Review 1379 (June, 1941) In 1939, the Railroad Commission of Texas required all sleeping cars operated in the state to be in the charge of Pullman conductors. Where traffic was light, sleepers had been under the supervision of porters. Porters are colored and conductors white. The Pullman company, asserting that the order was unauthorized by Texas law and violative of the... 1941 Law Review Articles and Other Secondary Sources Yes  
  Allen V. State 178 Md. 269, Court of Appeals of Maryland, Docket Number 21 (5/22/1940) Appeal from Criminal Court of Baltimore City; Emory H. Niles, Judge. Sidney Allen and David Feldman were convicted for taking bets on horse races and for conducting a lottery, and they appeal. Affirmed. 1940 Cases Yes This has some negative history but hasn’t been reversed or overruled.
  Alston V. School Bd. Of City of Norfolk 112 F.2d 992, Circuit Court of Appeals, Fourth Circuit, Docket Number 4623 (6/18/1940) Appeal from the District Court of the United States for the Eastern District of Virginia, at Norfolk; Luther B. Way, Judge. Action by Melvin O. Alston and another against the School Board of the City of Norfolk and another to obtain a declaratory judgment that fixing of salaries of negro teachers at a lower rate than that paid to white teachers of... 1940 Cases Yes  
  Brief for the State of Texas, Smith V. Texas Supreme Court of the United States, Docket Number No. 33 (10/17/1940) The State of Texas having answered the motion to quash and the trial court having heard the evidence and the testimony having shown that no discrimination was made in the selection of the... 1940 Briefs Yes  
  Bunn V. City of Atlanta 191 Ga. 48, Supreme Court of Georgia, Docket Number 13502 (10/17/1940) Error from Superior Court, Fulton County; Paul S. Etheridge, Judge. Suit by William Bunn and others against the City of Atlanta to have city ordinance requiring owners or operators of taxicabs or automobiles for hire within state to serve either white or colored passengers exclusively, declared void and for an injunction restraining the City of... 1940 Cases Yes  
  Constitutional Law - Equal Protection of the Laws - Discrimination in Rate of Compensation Between Colored and White Teachers Held Unconstitutional 53 Harvard Law Review 669 (February, 1940) A Maryland statute set a schedule of minimum wages for white teachers in the public schools, and a lower schedule for teachers invariably Negroes in the colored public schools. The County School Board paid the plaintiff, a principal in a colored elementary school, less than the statutory minimum for white principals. On his own behalf, and on... 1940 Law Review Articles and Other Secondary Sources Yes  
  Disenfranchisement by Means of the Poll Tax 53 Harvard Law Review 645 (February, 1940) In a number of the United States today, government by the people consists in practice of government by something between eight and twenty-four per cent of the people. Prominent among the causes of this limited franchise is the poll tax a device which had its genesis as an expansion of the suffrage, which was reenacted in order to bar the Negro... 1940 Law Review Articles and Other Secondary Sources Yes  
  Goodman V. State 178 Md. 1, Court of Appeals of Maryland, 39, Docket Number 38 (3/5/1940) Appeals from Criminal Court of Baltimore City; Eugene O'Dunne, Judge. Sol Goodman and another an Lottie Goodman were convicted of operating establishment for taking bets on horse races, and they appeal in the same record. Affirmed. 1940 Cases Yes This has some negative history but hasn’t been reversed or overruled.
  Rachel V. State 71 Okla.Crim. 33, Criminal Court of Appeals of Oklahoma, Docket Number 9736 (11/27/1940) Appeal from Court of Common Pleas, Oklahoma County; Chas. W. Connor, Judge. Ruby Rachel and Frank Vinson were convicted of openly outraging public decency and injuring public morals, and they appeal. Judgments reversed, and cases remanded with directions to dismiss. 1940 Cases Yes  
  The Legal Status of the Negro 54 Harvard Law Review 178 (November, 1940) But for the absence of black letter rules and caveats, one might well expect this book to be titled Restatement of the Law Relating to the Negro. This the author recognizes, for he writes that his study is not a philosophic treatise on the problems of race relations and the courts, but a statement of the law as it has been interpreted by courts... 1940 Law Review Articles and Other Secondary Sources Yes  
  Brown V. Meyer Sanitary Milk Co. 150 Kan. 931, Supreme Court of Kansas, Docket Number 34494 (12/9/1939) Appeal from District Court, Wyandotte County, Division No. 4; Joseph H. Brady, Judge pro tem. Action by Lulu Ruth Brown against the Meyer Sanitary Milk Company for damages because of the refusal of an employee of defendant to serve the plaintiff in its ice cream parlor because of her race and color. From a judgment in favor of the plaintiff, the... 1939 Cases Yes This has some negative history but hasn’t been reversed or overruled.
  Caudle V. Olive 185 Okla. 596, Supreme Court of Oklahoma, Docket Number 28689 (10/31/1939) Appeal from District Court, Oklahoma County; Frank P. Douglass, Judge. Action by Belinda Caudle and others against Vera G. Olive and others to enjoin defendants from conveying property to a person or persons of African descent, on ground that to do so violated a restriction agreement. From an adverse judgment, the plaintiffs appeal. Judgment... 1939 Cases Yes This has some negative history but hasn’t been reversed or overruled.
  In re Hilltop Club's Application for Incorporation 55 Montg. 56, Court of Common Pleas of Pennsylvania, Montgomery County (1/1/1939) The applicants have applied for a charter of a proposed corporation, to be known as the Hilltop Club. The purpose of the proposed club is thus set forth in the application: The purpose for which the Corporation is formed is, to unite members of the colored race, both male and female, for their advancement physically, morally... 1939 Cases Yes  
  Mills V. Board of Education of Anne Arundel County 30 F.Supp. 245, District Court, D. Maryland, Docket Number 170 (11/22/1939) Action by Walter Mills against the Board of Education of Anne Arundel County and another for injunction against salary discrimination between white and colored teachers, and for declaratory judgment. Decree in accordance with opinion. 1939 Cases Yes  
  Mills V. Lowndes 26 F.Supp. 792, District Court, D. Maryland, Docket Number 56 (3/1/1939) Suit by Walter Mills against Tasker G. Lowndes and others, constituting the State Board of Education of Maryland, and others. to enjoin the enforcement of Maryland law or practice thereunder of paying colored teachers in colored schools salaries materially less than amounts paid white teachers in white schools having equal professional... 1939 Cases Yes  
  Ross V. Schade 7 Conn.Supp. 443, Superior Court of Connecticut, Docket Number 45347 (11/28/1939) The plaintiff, a negro teacher of English in a southern university, entered the defendant's tavern with his cousin, Mrs. Caple, and ordered sandwiches and beer. He was told by the combination bartender and waiter there were no sandwiches and the beer would be thirty cents a glass. The plaintiff told the waiter to serve the beer, which he did. After... 1939 Cases Yes  
  Ross V. Schade 7 Conn.Supp. 443, Superior Court of Connecticut, Docket Number 45347 (11/28/1939) The plaintiff, a negro teacher of English in a southern university, entered the defendant's tavern with his cousin, Mrs. Caple, and ordered sandwiches and beer. He was told by the... 1939 Trial Court Orders Yes  
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