This case begins on February 5, 1959, the United States filed a lawsuit against the Board of Registrars of Macon County, Grady Rogers and E.P.

Livingston in their capacity as member of the Board, and the state of Alabama for violations of the Civil Rights Act of 1957.

Johnson on the previous point, said,"The Court must presume, therefore, that Congress in using only the word "person" deliberately restricted the authority of the Attorney General to institute such actions.

"We thus come to the second specification of error that, though, as the district judge expressly found, the two sued as board members, had, some two months before the suit was brought, in good faith resigned their offices and each has taken another state office, they can and should be treated as still members of the board..we are of the clear opinion that the reasons given by the district judge for rejecting this contention of plaintiff-appellant are sound, indeed unanswerable, and that we approve and adopt them."

The United States Supreme Court proceeded to hold oral arguments on May 2, 1960, and released its opinion on May 16, 1960.