翻訳と辞書 |
Sarah Keys v. Carolina Coach Company : ウィキペディア英語版 | Keys v. Carolina Coach Co.
''Sarah Keys v. Carolina Coach Company'', 64 MCC 769 (1955) is a landmark civil rights case in the United States in which the Interstate Commerce Commission, in response to a bus segregation complaint filed in 1953 by a Women's Army Corps (WAC) private named Sarah Louise Keys, broke with its historic adherence to the ''Plessy v. Ferguson'' separate but equal doctrine and interpreted the non-discrimination language of the Interstate Commerce Act as banning the segregation of black passengers in buses traveling across state lines.〔Barnes, ''Journey from Jim Crow'', p. 99-100〕 The case was argued on the eve of the explosion of the civil rights protest movement by Washington D.C. lawyer Julius Winfield Robertson and his partner Dovey Johnson Roundtree, a former WAC whose experience with Jim Crow bus travel during her World War II Army recruiting days caused her to take on the ''Sarah Keys'' case as a personal mission.〔McCabe, Katie, ''Washingtonian'', March 2002, pp. 124-125〕〔McCabe and Roundtree, ''Justice Older than the Law''〕 ''Keys v. Carolina Coach Company'', along with its companion train desegregation case, ''NAACP v. St. Louis-San Francisco Railway Company'', 298 ICC 355 (1955), represents a milestone in the legal battle for civil rights. The November 1955 ruling, publicly announced six days before Rosa Parks' historic defiance of state Jim Crow laws on Montgomery buses,〔Barnes, p. 108〕 applied the United States Supreme Court's logic in ''Brown v. Board of Education'' (347 US 483 (1954) for the first time to the field of interstate transportation, and closed the legal loophole that private bus companies had long exploited to impose their own Jim Crow regulations on black interstate travelers.〔Barnes, pp. 98-100〕 ''Keys v. Carolina Coach'' was the only explicit rejection ever made by either a court or a federal administrative body of the ''Plessy v. Ferguson'' doctrine (''Plessy'', 163 US 537 (1896)) in the field of bus travel across state lines.〔Barnes, pp. 86-107〕 The ruling made legal history both at the time of its issuance and again in 1961, when Attorney General Robert F. Kennedy invoked it in his successful battle to end Jim Crow travel during the Freedom Riders' campaign.〔Petition for Rule Making to the ICC, Attorney General of the US, May 29, 1961〕 == Background ==
The ''Keys'' case originated in an incident that occurred at a bus station in the tiny North Carolina town of Roanoke Rapids shortly after midnight on August 1, 1952, when African American WAC private Sarah Keys was forced by a local bus driver to yield her seat in the front of the vehicle to a white Marine as she traveled homeward on furlough.〔Barnes, ''Journey from Jim Crow'', p. 87, citing ICC ruling in Keys v. Carolina Coach, 64 MCC 769 (1955)〕 At the time of the incident, Jim Crow laws entirely governed Southern bus travel, despite a 1946 Supreme Court ruling meant to put an end to the practice. That decision, ''Morgan v. Virginia'' (328 US 373 (1946)), had declared state Jim Crow laws inoperative on interstate buses on the basis that the imposition of widely varying statutes on black passengers moving across state lines generated multiple seat changes and thus created the kind of disorder and inconsistency forbidden by the commerce clause of the U.S. Constitution.〔Barnes, pp. 44-51〕 Southern carriers managed to dodge the ''Morgan'' decision, however, by passing segregation rules of their own, and those rules remained outside the purview of state and federal courts because they pertained to private businesses.〔Barnes, pp. 52-53〕 In addition, the federal agency charged with regulating the carriers, the Interstate Commerce Commission, had historically interpreted the Interstate Commerce Act's discrimination ban as permitting separate accommodations for the races so long as they were equal.〔Barnes,pp. 6-7, pp. 21-28, pp. 67-71〕 The ICC's separate but equal policy, upheld by the Supreme Court of the United States in a 1950 railway dining car segregation case known as ''Henderson v. United States'' (399 US 816 (1950)), thus remained the norm in public transportation.〔Barnes, pp. 75-81〕 When Sarah Keys departed her WAC post in Fort Dix, New Jersey on the evening of July 31, 1952 for her home in the town of Washington, North Carolina, she boarded an integrated bus and transferred without incident in Washington, D.C. to a Carolina Trailways vehicle, taking the fifth seat from the front in the white section. When the bus pulled into the town of Roanoke Rapids, North Carolina, however, a new driver took the wheel and demanded that she comply with the carrier's Jim Crow regulation by moving to the so-called "colored section" in the back of the bus so that a white Marine could occupy her seat. Keys refused to move, whereupon the driver emptied the bus, directed the other passengers to another vehicle, and barred Keys from boarding it. An altercation ensued and Keys was arrested, charged with disorderly conduct, jailed incommunicado overnight, then convicted of the disorderly conduct charge and fined $25.〔Keys v. Carolina Coach Company, 64 MCC 769 (1955)〕 Unwilling to accept the verdict of the North Carolina lower court sustaining the charge, Keys and her father brought the matter to the attention of the National Association for the Advancement of Colored People (NAACP) office in Washington, D.C., headed by Howard University Law School professor Frank D. Reeves. Reeves referred the Sarah Keys matter to a former law student named Dovey Johnson Roundtree, whose World War II service in the Women's Army Corps (WAC) he believed would make her an ideal advocate for Sarah Keys.〔McCabe and Roundtree, ''Justice Older than the Law''〕 Roundtree herself, as a recruiter for the WAC in the Deep South, had been evicted from a Miami, Florida bus in a 1943 incident that almost exactly paralleled Sarah Keys' experience.〔McCabe, ''Washingtonian'', p. 124〕〔Greenberg, Milton, ''The GI Bill'', p. 103〕 With her law partner and mentor Julius Winfield Robertson, she undertook the case, and the two immediately filed a complaint against both the Northern carrier which had transported Keys to Washington, D.C., and the Southern carrier which had actually perpetrated the alleged wrong, Carolina Trailways.〔McCabe and Roundtree, ''Justice Older than the Law''〕 Though Robertson and Roundtree were but a year at the bar in the fall of 1952 when they undertook to represent Sarah Keys, they had been trained at Howard University Law School by such renowned civil rights lawyers as Thurgood Marshall, James Madison Nabrit, Jr., and George E.C. Hayes, and they were deeply involved in the movement to dismantle segregation in the courts.〔McCabe and Roundtree, ''Justice Older than the Law''〕
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Keys v. Carolina Coach Co.」の詳細全文を読む
スポンサード リンク
翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|