Boyer v. Garrett

CHESNUT, District Judge.

Counsel state that this is a test case. It differs, however, from the ordinary test case in that the latter is generally brought to establish some new point of law, while the present case seeks to disestablish presently existing law. The point of law referred to is the doctrine that segregation of races with respect to facilities afforded by- the State for its citizens is within the constitutional exercise of the police power of the States respectively, provided, however, that the separate facilities afforded different races are substantially equal. This legal…