St. Paul recorder. [volume] (St. Paul, Minn.) 1934-2000, 1949-10-21


WASHINGTON - (ANP) -
When the U. s. Supreme court
convened recently after its usual
summer vacation 1t was faced
with a full slate Of important civil
liberties issues.
The question Of civil rights
viii be presented to this session
in the categories Of segregation,
immigration and naturalization,
contempt of Congress and loyalty
oaths.
The constitutionality Of Negro
segregation will be presented to
the court in three important cases,
Henderson versus United States,
Sweat versus Painter; and Nc
Laurin versus Oklahoma.
In the first case Elmer Hender-
son is asking the United States
Supreme court to set aside an
order of the Interstate Commerce
Commission Diminishing his COM
plant against a railroad for dis
eliminating against him. Hender-
son claims that the setting aside
Of one table in a dining car for
Negro passengers and forbidding
them to use any other tables is
unconstitutional The suit was
dismissed by a federal District
Court of Maryland on the
grounds that the allotment of one
table to Negro passengers was
fair in proportion to the number
Of Negroes using the railroads
facilities. Moreover, 1t said segre-
cation in itself Is not discrimina-
ton so long as equal facilities are
provided for both races.
The appellant brought the
case to the Supreme court with
the contention that segregation is
discrimination since segregation
implies that the segregated group
is inferior to the other.
In the second case Herman
Sweat is asking the Supreme
court to compel the state univer-
sity of Texas to admit a Negro to
its law school. The Texas courts
have contended that Sweat need
not be admitted to the State Uni
versity Law school since a separ-
ate law school is provided for
Negroes which is substantially
equal to that afforded others. The
appellant claims that the facilities
are not equal and that IL they
were, segregation itself is I'm.
constitutional as required by Tex
as law.
In the McLaurin case, the plain
tiff was admitted to attend the
university Of Oklahoma but was
excluded from the classroom. He
was forced to sit in the doorway
in order to receive instruction In
the courses which he was attend
ing. The Federal District court
held that segregation in this case
is a reasonable exercise Of the
police power of the state and that
the Constitution of the United
States does not abolish distinctions
based on color or race. The ques'
ton here is whether the fedora
constitution permits the state t
classify citizens on the basis Of
race or ancestry, thus permitting
segregation.
Two cases testing a county
loyalty oath will be presented Il
this court, three immigration anc
naturalization cases win present
points of interest to persons con
,cerned with civil rights; and Q
series of interesting cases involv.
ing prosecutions for contempt Of
Congress will be decided in this
term of the United States Supreme
court.
One new Justice was among
the group Of dignified, black
robed judges who quietly filed in.
TO the Supreme Court chamber
last Monday and solemnly took
their respective seats leaving two
empty chairs.
The new justice was the former
Atty. Gen. Tom Clark who was
appointed by the President to fiji
the vacancy caused by the death
Of Associate Justice Frank Muir
ply.
The former Judge Sherman Min
ton who had been appointed by
the President 10 fill the vacancy
caused by the death Of Justice
Wiley Ruthledge could not take
his seat at the opening session as
his appointment had not then
been confirmed by the Senate.
Justice Rutledge's chair was Still
draped in black as the mourning
period for his death had not
passed.
The second seat was vacant be-
cause Of an accident which had
befallen Associate Justice william
Douglas making II impossible for