“ We do not believe that appellant, in order to demonstrate the existence of an 'actual controversy' over the validity of the statute here challenged, was bound to continue to ride the Memphis buses at the risk of arrest if he refused to seat himself in the space in such vehicles assigned to colored passengers. A resident of a municipality who cannot use transportation facilities therein without being subjected by statute to special disabilities necessarily has, we think, a substantial, immediate, and real interest in the validity of the statute which imposes the disability. ”

“ Basically, the question in each case is whether the facts alleged, under all the circumstances, show that there is a substantial controversy, between parties having adverse legal interests, of sufficient immediacy and reality to warrant the issuance of a declaratory judgment.' In the present case we think that the record establishes the existence of an actual controversy which should have been adjudicated by the lower court. ”

“ The District Court found that when appellant boarded a Memphis bus on April 26, 1956, and seated himself at the front of the vehicle, the driver told him he must move to the rear, 'stating that the law required it because of (his) color'; that following appellant's refusal to comply, two police officers shortly thereafter boarded the bus and 'ordered (appellant) to go to the back of the bus, get off, or be arrested'; and that thereupon appellant left the bus. ”