Marshall

court’s denial of a writ of mandamus directed to the respondent, the Fair Employment Practice Commission of the State of California (“FEPC” or “commission”). The purpose of the writ proceeding was to have the court order the FEPC to hold a hearing on a complaint filed with it by petitioner and directed against the real party in interest, the Southern Pacific Transportation Company (“Southern Pacific”).

Facts

In the complaint which was filed on July 29, 1968, petitioner claimed that during the night shift on July 21, 1968, a Caucasian supervisor of his unit, known to him only by his first name Charlie, yelled at him and called him a “nigger.” Other employees were present. Petitioner became so upset that he attempted to strike Charlie. As a result of the altercation petitioner was terminated, but Charlie was not disciplined. Charlie had a reputation for his hostile attitude toward Negroes, continually harassed them and caused one, Gloria, to resign because of his uncivil treatment.

Petitioner’s complaint was investigated on behalf of the FEPC by one Robinson. Robinson was unable to find eyewitnesses through the Southern Pacific. He then got in touch with petitioner who…