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wake , Tm eae? Stations at which buses some- times stop ag well as the large city bus terminals, Marshall indicated that not many of those tiny places re- main, but Justice Stewart re- plied, “Well, I stopped at one last weekend.” ‘ With the fact in the record that the bus company con- trolled the restaurant, the Court could rule that Boyn- ton's arrest violated the Inter- * state Commerce Act. Without | it, the Court may have trouble 4 decWling the case except on a? constitutional issue, some- thing the Justices prefer jo avoid, : Tt was clear from the argu- ment that they had no desire f ato tackle the underlying con- stitutional Issue, which is the jg backbone of the legal attack now going on over arrests for | sit-ins. - That is the issue whether a state’s actibn im making an arrest to support a private busi- nessman’s desire to discrimi- nate is a violation of the 14th Amendment. : Marshall barely mentioned this issue in his hour-long argu- ment, although it.js discussed in his brief. The Solicitor Gen opal bad amade a piron@eergu- Mt in Boynton’s favor dn thia