About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

6 Law. Guild Rev. 599 (1946)
The Implications of the Irene Morgan Decision

handle is hein.journals/guild6 and id is 213 raw text is: LAWYERS GUILD REVIEW Editors Benjamin Algase Recent Items Editor Notes Editor Carol King Jerome Hellerstein Associate Editors Leonard B. Boudin Eugene Cotton Earl B. Dickerson Harold Dublirer Osmond K. Fraenkel Mitchell Franklin Richard Gladstein Charles H. Houston Morton L. Leavy Thurgood Marshall Nathan Greene Current Books Abraham Porter Basil N. Bass Carey. McWilliams James J. Morrison Martin Popper Paul L. Ross David Scribner Review Notes The Implications of the Irene Morgan Decision On June 3, 1946, the United States Supreme Court in the case of Morgan vs. Commonwealth of Virginia held invalid a Virginia statute requiring the separation of the races on motor vehicle common carriers, which, as construed by the Virginia Supreme Court of Appeals, applied to interstate as well as intrastate travel. Since this decision is considered one of the most significant legal victories in the fight to end segregation, it is im- portant that its extent and limit§ be clearly understood. The facts are these: Mrs. .Morgan, a Negro, was traveling from Glouster County, Virginia to Baltimore, Maryland on a bus containing both Negro and white passengers. Mrs. Morgan was asked by the driver of the bus to move from a seat she was occupying about midway the bus to a rear seat partly occupied by other colored passengers in order that the seat vacated could be used by white passengers. On her refusal, a warrant was obtained and Mrs. Morgan was arrested and con- victed of a violation of the Virginia Code requiring the separation of the races on motor common carriers' and making any violation of this requirement a misde- meanor.2 In the trial court and on appeal it was con- tended that these provisions of the Virginia Code as applied to Mrs. Morgan constituted a violation of the 1. Virginia Code of 1942, Sections 4097 z to 4097 dd. 2. 4097 dd, Violation by passengers; misdemeanor; ejec- tion.-All persons who fail while on any motor vehicle carrier, to take and occupy the seat or seats or other space assigned to them by the driver, operator or other person in charge of such vehicle, or by the person whose duty it is to take up tickets or collect fares from passengers therein, or who fail to obey the directions of any such driver, operator or other person in charge, as aforesaid, to change their seats from time to time as occa- sions require, pursuant to any lawful rule, regulation or custom in force by such lines as to assigning separate seats or other s ace to white and colored persons, respectively, having been frst advised of the fact of such regulation and requested to con- form thereto, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than five dollars nor more than twenty-five dollars for each offense. Furthermore, such persons may be ejected from such vehicle by any driver, commerce clause of the Federal Constitution since she was a passenger in interstate commerce. The Supreme Court of Appeals of Virginia affirmed the conviction and construed the statute as applicable to both intrastate and interstate passengers.' The United States Supreme Court, in reversing, de- clared the statute invalid as an undue burden on and interference with commerce as proscribed under the commerce clause. It held that such local statutes re- quiring the movement of interstate passengers on motor vehicle common carriers in accordance with local rather than national requirements gave rise to a burden directly impairing the usefulness of the facilities of.interstate commerce. Emphasis was placed on the conflicting and diverse requirements which the several states might and had imposed because of differing notions of racial policy.' operator or person in charge of said vehicle, or by any police officer or other conservator of the peace; and in case such per- sons ejected shall have paid their fares upon said vehicle, they shall not be entitled to the return of any part of same. For the refusal of any such passenger to abide by the request of the person in charge of said vehicle as aforesaid, and his consequent ejection from said vehicle, neither the driver, operator, person in charge, owner, manager nor bus company operating said vehicle shall be liable for damages in any court. 3. Moran v. Commontwealth, 184 Va. 24 (1944). 4. Legislation affecting these questions is widespread and diverse in language and construction. Eighteen states have adopted civil rights statutes prohibiting segregation in public carriers. Cal. Civ. Code (Deering), 1941, Sec. 51-54; Colo. Stats., 1935, Ch. 35, Sec. 1-10; Conn. Gen. Stat. (Supp. 1933), Sec. 1160b; Ill. Rev. Stat., 1941, Ch. 38, See. 125-128g; Ind. Stat. (Burns) 1933, Sees. 10-901, 10-902; Iowa Code, 1939, Sec. 13251-1 252; kan. Gen. Stat 1935, Sec. 21-2424; Mass. Laws (Michic), 1933 Chap. 272, Sec. 98, as amended 1934; Mich. Camp. Laws (§upp. 1933), Sees. 17, 115-146 to 147; Minn. Stat. (Mason), 1927, Sec. 7321; Neb. Comp. Stat., 1929, Ch. 23, Art. 1; N. J. Rev. Stat., 1937, Secs. 10:1-1 to 10:1-9; N. Y. Laws ( Thompson), 1937, (1942, 1943, 1944 Supp.), Ch. 6, Sec. 40-42; hio Code (Throckmorton), 1933, Sec. 12940-12941; Pa. Stat. (Purdon), Tit. 18, Sees. 1211, 4653 to 4655; R. I. Gen. Laws, 1938, Ch. 606, Sec. 27-28, Ch. 612, Sec. 47-48; Wash. Rev. Stat. (Remington), 1932, Sec. 2686; Wis. Stat., 1941, Sec. 340.75. See also Me. Rev. Stat, 1930, Ch. 134, Sec. 7-10; N. H. Rev. Laws, 1942, Ch. 208, Sees. 3-4, 6. Other states have laws re- quiring segregation on railroads, Ala. Code, 1940, Tit. 48, Sec.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most