The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-02-20
NEGRO TOWNS
FOREsHADON[D
Question Of Judges Granting Ger
tain Charters interestingly
Discussed in Senate.
JUDGE sPHLEGAR RAISES POINT
Calls Attention to Possibility OF
Negro Mayor and Negro
Officials.


Broad questions of public policy touch
ing among other things the possibility
of the development within Virginia bor-
ders of negro settlements chartered in one
form under the law and governed by
negro Mayors. justices. constables and
other officers were involved in discus
sion in the Senate yesterday of the Sadler
bill providing u general act for the in
corporation of towns OF more than no
and less than 500 inhabitants.
While there were number of other
considerations affecting the measure. the
racial question 1t raised was by far the
more important in the popular mind. In
the opinion of several senator's the plii
il enacted would create condition UNI
der which it would be impossible with
out recourse to something suspiciously
like II judicial subterfuge of doubtful
constitutionallty tosprevent the incorpo-
ration of communities in which negroes
held the balance of power. what this
meant for the whites situated therein
and subjected TO the dominance of negro
officers, 1t was easy to see ana wfat II
meant further as a breeder of troubles
1t was declared to be equally easy to
froecast.
There is in Virginia to-day no negro
town of this sort 1t was claimed that the
bill would probably result in the prompt
appearance of several. Counter argument
was made and the measure was sent
back to the committee.
Madison H Fights Case.
Among other things the discussion at
tracted attention again to the recent de-
cison of the Supreme Court of Appeals
In the Madison Heights case. With the
instance of this town particularly III
mind and consulting the conditions said
to exist over the State, Mr.. Sadler pre-
sented this bill carrying out the pruvlF-
ion of the constitution that the General
Assembly shall enact a general law for
the organization and government OF
cities and towns. No suchpgenerai law
exists at this time. Each new community
desiring charter applies to the legisla-
ture and secures special act. The Sad
Ter bill ebolishes this custom and vests
in the Circuit Courts the right to issue
charters to towns within their jurisdic-
ton. The important item to be borne IN
mind Is the shifting of this power from
the Legislature . the courts.
Judge legar Opposes.
Opposition came chiefly from Judge
Phlegar. of Mon.gomery who after de-
clarjne that the incorporation OF towns
political subdivisions of the State-Was
function properly Legislative and not
judicial, proceeded to point out what he
believed would be the effect of the enact
ment of the law
Referring to the increases IN the powers
of the judges already made. he declared
that any further step In this direction
would be to make matters, already bad
much worse. Comforting political func-
tons upon the Judiciary would not, he
believed, tend to increase the purity OF
the bench. He predicted that II the Dill
were passed Virginia would md WITHIN
her limits at no distant date number or
negro towns In many communities the
negroes arc able to muster a majority
OF the voters, and the courts, holding the
scales of justice evenly. must grant them
a charter or else do what court Should
not do-discriminate on color lines and dc,
for the whites what it would not doiifof
the blacks. Once having obtained a. g mar =
ter, the negroes would proceed to elect
their own mayor and town officers.
What the whites living In, such COM
munity would have to endure Judge
Phlegar left to the imagination. He
pointed out that IL the present system
were allowed 70 continue and IL any
negro communities ever made applica-
tlon for a charter the General Assembly
could make a political issue of it and
refuse the Incorporation TO: the public
good vs. 3ss, Ia
Point Against It. !
on the other hand 1t was declared that
the Legislative Committee with the bur
den of other work upon them are unable
to give proper investigation to the re-
Quests for charters with tho result that
laws are too often enacted when local
conditions are unknown, and when 1t Is
rarely determined II the step is wise.
Several senators declared that the people
OF the State expected a general II W and
that there were IL dozen communities de-
string charters at this moment which.
IL they Imagined such a law would not
get through, would be here in less than
twenty-four hours with their special
bills.'' Segregation of negroes In comn,u-
mites of their own was declared by Mr..
/, Thomas to be an advisable development.
! Total separation of the races he con-
/. sdered the only practicable solution OF
| the negro problem as 1t eXists-t The
| white people 1t was held would scarcely
| object TO moving away from commu-
nifty where negroes held the balance OF
power. Mr.. Walker Insisted that some
sort of tribunal should te erected for
the consideration of questions of the Or
| ganization Of cities and towns. The
| Legislature and It's committees, he de-
cared, ulqncsllonatly has shown that
| II cannot give the proper attention to
81. tai t..y, Ina