Hugo Black

Name: Daniel v. Paul — Dissent
Author: Hugo Black

Summary

“Daniel v. Paul — Dissent”, is a work by Hugo Black. It explores elements such as Lake Nixon, interstate travelers and findings.

Quotes from Daniel v. Paul — Dissent (Hugo Black)

Hugo Black, Daniel v. Paul — Dissent

“ It seems clear to me that neither the paddle boats nor the locally leased juke box is sufficient to justify a holding that the operation of Lake Nixon affects interstate commerce within the meaning of the Act. While it is the duty of courts to enforce this important Act, we are not called on to hold nor should we hold subject to that Act this country people's recreation center, lying in what may be, so far as we know, a little 'sleepy hollow' between Arkansas hills miles away from any interstate highway. ”

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Source: Wikisource

Hugo Black, Daniel v. Paul — Dissent

“ That test is to determine from evidence whether the operation of an establishment like respondent's (a) 'serves or offers to serve interstate travelers' or (b) 'a substantial portion of the food which it serves, or gasoline or other products which it sells, has moved in commerce * * *.' In order, therefore, for the Act to be held to apply the test must be shown to be met by evidence and judicial findings, not by guesswork, or assumptions, or 'judicial knowledge' of crucially relevant facts, or by unproved probabilities or possibilities. ”

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Source: Wikisource

Hugo Black, Daniel v. Paul — Dissent

“ The record fails to show whether these country roads are passable in all kinds of weather. They seem to be at least six to eight miles off the state or interstate roads over which interstate travelers are accustomed to travel. Petitioners did not offer evidence to show whether Lake Nixon is a natural lake, or whether it is simply a small body of water obtained by building a dam across a little creek in a narrow hollow between the hills. The District Court made findings about Lake Nixon and Spring Lake [2] as follows:
'Both are accessible by country roads ”

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Source: Wikisource

Hugo Black, Daniel v. Paul — Dissent

“ I recognize too that some isolated and remote lunchroom which sells only to local people and buys almost all its supplies in the locality may possibly be beyond the reach of the power of Congress to regulate commerce, just as such an establishment is not covered by the present Act.' 379 U.S., at 275, 85 S.Ct. ”

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Source: Wikisource

Hugo Black, Daniel v. Paul — Dissent

“ My trouble with the Court's holding is that it runs roughshod over District Court findings supported by the record and emphatically affirmed by the Court of Appeal. Net us briefly review the facts and findings on the foregoing two separate conditions of the Act's applicability.
(A) Did Lake Nixon serve or offer to serve interstate travelers? There is not a word of evidence showing that such an interstate traveler was ever there or ever invited there or ever dreamed of going there. Nixon Lake can be reached only by country roads. ”

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Source: Wikisource

Hugo Black, Daniel v. Paul — Dissent

“ If the facts here are to be left to such 'iffy' conjectures, one familiar with country life and traveling would, it seems to me, far more likely conclude that travelers on interstate journeys would stick to their interstate highways, and not go miles off them by way of what, for all this record shows, may wl l be dusty, unpaved, 'country' roads to go to a purely local swimming hole where the only food they could buy was hamburgers, hot dogs, milk, and soft drinks (but not beer) . ”

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Source: Wikisource

Hugo Black, Daniel v. Paul — Dissent

“ The record before the Court does not disclose where or how the local suppliers obtained the products which they sold to the establishments. The meat products sold by defendants may or may not have come from animals raised, slaughtered, and processed in Arkansas. ”

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Source: Wikisource

Hugo Black, Daniel v. Paul — Dissent

“ Paul testified under oath that no interstate travelers were members of the 'club,' that they had not invited any to join, and that as far as he knew, none had ever used the premises.↑ ' (b) Each of the following establishments which serves the public is a place of public accommodation within the meaning of this title if its operations affect commerce, or if discrimination or segregation by it is supported by State action:↑ In my opinion in Heart of Atlanta Motel, Inc. ”

Hugo Black

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