The advocate. [volume] (Charleston, W. Va.) 1901-1913, 1910-12-29
Restrictive
Clause Void
SAYS JUDGE GOFF IN CASES AT.
. FECTING NElGRO'S RIGHT
.. TO BUY PROPERTY.
Many Vital Points
At Issue But Judge Gave no Reason
for fits Kuttng other -'rhan I'Tf0vIs-
ions in Deed Against Public Pol
icy OF Government.

"A decision OF far-reaching impor-
tnace to property owners who would
prevent their property from passing
! into the hands Of certain classes of
citizens by inserting a clause in the
| deed preventing such transfer was
handed down in the United States
Circuit Court for Eastern Virginia
| last Saturday, when Judge Nathan
Golf handed down decision declar-
ing such restrictive clauses as being
! illegal.
-, Judge Goff gave no reason for his
fdecision confning himself simply to
a ruling that the provisions in the
deeds are against the public policy
or the United States.
The case was that of the Peoples
Pleasure Park Company, Inc,
against John Worsham, Of Philadel-
phia. Worsham is alleged to have
contracted to buy certain property
from the plaintiffs, but later refused
to do so unless the clause forbidding
subsequent sale to Negroes was re-
moved. This was not done, and re-
tsulted in the suit.
George J. Hooper and William L..
Royal brought the suit, the purpose
of which was to prove the clause IL
legal and void, for the Pleasure Park
Company. A. o. Boschen was en-
gagged by the Defense He said that
the matter will be taken to the high
est court, but whether this will bring
lit before the United States Supreme
Court has-not -yet-been decided.
jurisdiction will have to be first de-
termined.
In argument several months ago
counsel for the plaintiff declared
that the clause in question was re-
pugnant to the public policy of the
United States; that it was settled
that the United States had a public
policy; that all Of its citizens, white
and black, stand under that public
policy on the same footing; that it Is
an attempt to make a discrimina-
tion against the Negro citizens, and
that NO United States court will ever
sanction this discrimination.
The history Of the subject was
gone into from the end Of the Civil
War down to the present time, and it
was attempted to show, from debates
In Congress, that when the Four
teenth Amendment was before that
body all sides agreed that it was
! proposed to incorporate the civil
rights bill into that amendment, one
OF the provisions Of that civil rights
bill was that Negroes should not be
denied the right to hold real estate
The argument before Judge Goft
took wide range and brought up
many vital points.
On Monday, City Solicitor Poe Of
Baltimore, signed the segregation
ordinance and the police department
or that city will hereafter be expect.
led to see that the law is enforced.
Hereafter, it is said that Negroes
will not be permitted to move into
a neighborhood where the majority
!of the residents are white, and the
same rule will apply to whites.
City Solicitor Poe sent his report
on the ordinance to the Mayor, say
ing that he believes the measure tc
be constitutional. In this regard he
tpoints out that Negroes are not al.
flowed to marry whites and are seq.
lregated on trains and In schools. Ir
| the last year Negroes have invaded
the best section Of McCulloh stree
and have threatened to invade ex
elusive white sections Of Eutav
street and Madison avenue.
1t is generally thought that tn,
Negroes will make an effort to tes
lthe legality Of the measure.