Charles Evans Hughes

“ The Commission stated that, according to appellant, the car was 'filthy and foul smelling', but that the testimony of defendants' witnesses was to the contrary.
The Commission found that in July, 1937, about three months after complainant's journey above mentioned, the old combination coach was replaced by a modern, allsteel, air-conditioned coach, which was divided by a partition into two sections, one for colored and the other for white passengers, and had comfortable seats. In each section there are wash basins, running hot and cold water, and separate flush toilets for men and women. ”

“ While the supply of particular facilities may be conditioned upon there being a reasonable demand therefor, if facilities are provided, substantial equality of treatment of persons traveling under like conditions cannot be refused. It is the individual, we said, who is entitled to the equal protection of the laws,-not merely a group of individuals, or a body of persons according to their numbers. ”

“ The Commission further found that the Pullman car contained ten sections of berths and two compartment drawing rooms; that the use of one of the drawing room would have amounted to segregation under the state law and ordinarily such combinations are available to colored passengers upon demand, the ninety cent fare being applicable. Occasionally they are used by colored passengers but in this instance both drawing rooms were already occupied by white passengers. The Pullman car was of modern design and had all the usual facilities and conveniences found in standard sleeping cars. ”

“ Shortly after leaving Memphis and crossing the Mississippi River into Arkansas, the train conductor took up the Memphis-Hot Springs portion of his ticket but refused to accept payment for the Pullman seat from Memphis and, in accordance with custom, compelled him over his protest and finally under threat of arrest to move into the car provided for colored passengers. ”

“ Paragraph 1 of Section 3 of the Act says explicitly that it shall be unlawful for any common carrier subject to the Act 'to subject any particular person * * * to any undue or unreasonable prejudice or disadvantage in any respect whatsoever'. ”