In the interest of providing some historical perspective on the earth-shattering and all-consuming Cynthia McKinney story, which doesn't seem to get much attention around here, perhaps it might help to look back on the saga of Congressman Arthur Mitchell, the first elected African-American Democrat in Congress. Mitchell was first elected from the South side of Chicago in 1934 as part of the FDR coalition; displacing Oscar De Priest, a Republican African-American, whom Mitchell succeeded as the only African-American, at that time, in Congress. Mitchell was re-elected to Congress until he retired in the midst of WWII.
Mitchell is remembered for many things; being the sponsor of the Democratic version of the proposed anti-lynching legislation in 1937 and 1940, desegregating the Democratic Caucus, being a friend and ally of Sam Rayburn, fighting for fair employment practices in the lead-up to and during the war... But the most important matter for which Mitchell is noted concern the events on a train in April of 1937. [If you want to find out, read on after the break].
April 1937 was an eventful period for Arthur Mitchell. At the beginning of the month, the long-anticipated anti-lynching bill, under the threat of a discharge petition, was finally reported favorably out of the Judiciary Committee. Instead of being the version favored by the NAACP, and Representatives Gavigan and Fish, Chairman Sumners' mark was instead the version authored by Mitchell, which was a fairly heady experience for a second-termer, being placed at the forefront of a very controversial issue - civil rights - which had not been the subject of any significant legislation since Mississippi's African-American Republican, John Lynch, had authored the Civil Rights Act of 1875. Mitchell was given preferred radio time on the networks to explain the proposal; he was the main speaker on the Floor when it was presented.
The rule presenting his version was ultimately voted down; and the Gavigan/Fish version was passed instead and the Senate filibustered it that summer and it didn't get enacted (until the late 60's in a much different version). The point, however, for this story, is that Mitchell, even though he didn't get "his" version passed, had successfully seen through House passage of a civil rights bill for the first time since 1922, and he was quite involved in the story and seen as a leader of the effort.
Congress adjourned for a spring recess and Mitchell, like many friends and acquaintences in the emerging Chicago Democratic machine, decided to take a little rest and relaxation at the famous Hot Springs resort (later home of Bill Clinton). Buying a first-class railroad ticket out of Chicago, Mitchell headed to Arkansas. The Pullman accommodations were quite nice throughout the entire Illinois leg of the journey - Mitchell settled down to enjoy the delights of train travel. When the train crossed the border into Arkansas, however, Mitchell was accosted by a conductor/security guard (there was no videotape) who explained that it was illegal for Mitchell to occupy a first-class cabin in violation of the state's segregation statutes. He further explained that Mitchell would have to vacate his cabin and sit in the third-class smoking car instead with all of the other African-Americans on the trip.
Mitchell in turn explained that he had booked a first class accommodation for the entire trip, he had paid a first class fare and that he expected first class service. The conductor made some "colorful" remarks (as they would describe it in those days); basically furiously cussing Mitchell out and informing Mitchell that if he didn't comply, he would be bodily thrown off the train. Perhaps, although nobody can be sure, there was some "inappropriate touching." Mitchell spent the remainder of the journey steaming in the foul-stenched smoking car with its uncomfortable seats and noticeable urine-like smell.
The matter could have blown over if Mitchell wasn't so uppity, but he fairly promptly made a federal case out of the entire matter, first with the ICC (now the Surface Transportation Board), then in federal district court, which was ultimately appealed to the Supreme Court. By making a federal case of the matter, Mitchell got publicity, and the weblogs at the time were all over his butt for being embarrassing to Democrats etc... This view of Mitchell persisted for so long as the litigation persisted. He was consistently made fun of. He was pilloried. He could eat in the Congressional dining room, but it wasn't until Adam Clayton Powell arrived that he could bring African American guests to dine with him there.
The case finally made it to the Supreme Court in 1942 and Mitchell won a complete victory. It turned out the that Interstate Commerce Act, as amended in the Transportation Act of 1920, prohibited "undue discrimination" in interstate commerce on railroads. Mitchell v. the United States is the progenitor of all public accommodations cases; cited in Morgan v. U.S., Henderson v. U.S. and the seminal case regarding buses (Boynton v. Virginia). That is, if Arthur Mitchell had not behaved as he did, public accommodations law may have developed differently, possibly more slowly.
Now, I knew Jack Kennedy and Cynthia McKinney is no Arthur Mitchell. There are numerous differences; the situations are not analogous and I'm sure there will be comments about that. This diary is merely to provide historical perspective on the matter. Besides, I want a diary with 5 trillion comments!