CONSTITUTIONAL LAW-INTERSTATE COMMERCE-CARRIERS-VALIDITY OF STATE STATUTE REQUIRING RACIAL SEGREGATION OF PASSENGERS

Appellant, a passenger on a motor common carrier, was traveling from Virginia to Baltimore. Pursuant to a Virginia statute requiring all passenger motor carrier vehicles to "separate without discrimination the white and colored passengers in their motor busses so that contiguous seats will not be occupied by persons of different races at the same time" the driver of the carrier upon which appellant was traveling requested her to vacate her seat so that it could be used by a white passenger. She refused and was arrested and convicted under authority of a statute punishing such refusal. The Virginia Supreme Court upheld the conviction.

On appeal to the United States Supreme Court the appellant contended that the Virginia statute violated the Commerce Clause of the United States Constitution. Held, reversed. The statute was invalid and the appellant was a proper party to raise the question. Morgan v. Virginia, (U.S. 1946) 66 S. Ct.

1050.