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By the Associated Press | Published Date: 11/13/1956
QUESTION MARK PUT ON CAR POOL CASE

A Negro leader said today a decision on whether to end the Montgomery bus boycott in view of the Supreme Court ruling outlawing bus segregation laws will be made at a mass meeting here tomorrow night.

Until then, said the Rev. Martin Luther King Jr., Negroes will continue to boycott city buses and will use their car pool unless stopped by court order.

The Supreme Court's decision outlawing city and state bus segregation laws left a big question mark hanging today over a hearing in state court on the city's attempt to halt a car pool used by Negroes during their long boycott against segregated city buses.

The hearing continued after a brief pause while opposing lawyers and Circuit Judge Eugene Carter read an Associated Press story announcing the Supreme Court's ruling.

There was no immediate indication whether the Negroes will continue their bus boycott. The Rev. Martin Luther King Jr., one of the boycott leaders, promised a statement later in the day.

DEFINES CASE DIFFERENTLY

City Atty. Walter Knabe said the car pool hearing "isn't a segregation case" since it involved the question of whether the Negroes' transportation system is legal or illegal. As long as the car lift continues, he said, the city will seek an injunction to stop it.

Meanwhile, Negro attorneys challenged the city to show why no arrests have been made if the bus boycott car pool is illegal as the city now contends.

Circuit Judge Eugene Carter overruled a defense plea which challenged his jurisdiction on the grounds that the Federal courts rather than the state courts have jurisdiction.

The Negroes filed a petition in U. S. District Court Nov. 1 seeking to stop the city of Montgomery from interfering with the car pool which has provided transportation for the Negroes during the 11 months of their mass boycott against segregated city buses.

U.S. HEARING TOMORROW

The city's request for an injunction to break up the car pool wasn't filed in state court until the following day. A hearing on the motion in federal court is scheduled before Judge Frank M. Johnson Jr. tomorrow.

Negro Atty. Fred Gray argued before Carter that since the petition in federal court was filed first, the state courts have no jurisdiction to act. He said the U. S. Supreme Court and the Alabama Supreme Court as well have repeatedly held that one court cannot intervene when a matter is pending in another jurisdiction.

Carter overruled the objection, observing that "this is a state matter. The Federal Courts do not have jurisdiction."

CITY CONTESTS ISSUE

City Atty. Walter Knabe, in contesting the Negroes' plea, made no attempt to dispute the argument that one court can't take jurisdiction from another. He contended instead that the suits pending in state and federal courts involve different individuals and are actually separate actions. Carter agreed with him.

On the segregation matter, Knabe said that the state courts had jurisdiction over that issue long before it was taken into federal court. He referred to the arrest of a Negro seamstress, Mrs. Rosa Parks, whose conviction of refusal to move to the Negro section of a city bus provoked the boycott last Dec. 5.

With constitutionality of city and state bus segregation ____as an issue, Mrs. Parks appealed her police court conviction to state courts and then to the Alabama Court of Appeals when Carter upheld the $14 fine charged against her.

FEDERAL COURT SUIT

Afterward four other Negro women filed a suit in federal court attacking constitutionality of segregation laws and a three-judge federal panel ruled bus segregation invalid. That decision has been appealed to the Supreme Court in Washington.

Johnson, who will hear the car pool arguments in federal court tomorrow, was one of the two members of the three-judge panel who ruled that the segregation laws are unconstitutional.


 
 • OVERVIEW

 • INDICTMENTS ANTICIPATED BY BUS BOYCOTT LEADER

 • BOYCOTT ISSUE BEING AIRED BY GRAND JURY

 • NEGRO DEMO WANTS CIVIL RIGHTS

 • 50 NEGRO PASTORS PROTEST 'NATIONAL PRAYER DAY' IDEA

 • PRESIDENT GETS QUESTION ON MONTGOMERY TRIALS

 • SCATTERED U.S. POINTS OBSERVE 'DAY OF PRAYER'

 • NATIONAL CITY FIRM DROPS SEGREGATION ON ALL BUS LINES

 • CITY THREATENS ARRESTS HERE TO ENFORCE BUS SEGREGATION

 • ANGRY CITY BUS DRIVER THREATENS AP STAFFER

 • 3-JUDGE PANEL TO HEAR SEGREGATION CHALLENGE HERE

 • GRAY'S DRAFT STATUS IS UP FOR DECISION

 • NAACP LAWYERS MEET TODAY TO MAP REPLY TO INJUNCTION

 • NAACP PLANS COURT ACTION FOR REVERSAL OF INJUNCTION

 • NEGROES FORM NEW GROUP REPLACING BANNED NAACP

 • NEGRO LEADERS ADVISE CAUTION IN BUS BOYCOTTS

 • HOUSE DEFEATS EFFORT TO KILL 'RIGHT 'BILL

 • U.S. COURT SET TO AIR RACIAL CASES

 • QUESTION MARK PUT ON CAR POOL CASE

 • Supreme Court Rejects Plea Of City, State Tribunal Votes Unanimously Acts, Unconstitutional

 • SOUTHERN LEADERS WILL AWAIT SEPARATE TESTS OF BUS LAWS

 • LAWMAKERS STUDY MEANS OF DUCKING COURT'S BUS DESEGREGATION RULING

 • Parley Called By Brownell To Map Action Jurist Denies Move for Early Integration

 • CLARIFICATION OF BUS RULING ASKED BY CITY

 • ATTORNEYS GATHER TO DISCUSS BUS SEGREGATION LAWS

 • 'SCHOOL' PREPARES NEGROES FOR MASS RETURN TO BUSES

 • CITY-STATE BUS APPEALS DENIED

 • FOLSOM MAY SEEK STRONGER SEGREGATION LAWS

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