The advocate. [volume] (Charleston, W. Va.) 1901-1913, 1910-12-22
Measure DiStaStefuI
10 Negroes And They Lay Plans to
rests Its Validity And Thwart the
Prejudice of the Poor Whites Who
Are Envious Of The Nice Homes
owned by Colorcd People.
(Franklin +. JOhnsOn)

H.
Baltimore, Md, Dec. 21.-The
west Ordinance, the. design of which
IS to segregate the colored people
10 districts, almost wholly occupied
by them, has become a law. The
ordinance was passed by the city
council two weeks ago, after Coun-
Gilman Harry S. Cummings had
made passionate plea against it's
enactment.
Only few days ago John H. Muir
phy, editor Of the Afro-American
hedger, John -RtCh,1 Edward -Lansey
Rev. w. A. G. Hughes and others
called on Mayor Mahool and urged
him to veto the measure.
city Solicitor Poe in an elaborate
opinion Saturday declared the meas
ure to be legal
Ihe measure is decidedly distaste-
tul to the colored people Of this city
and was bitterly fought by them be-
fore the City Council. The purchase
or nice homes in fine residential
nelghDorhoods stirred the prejudices
or the poorer whites of this city and
Already plans for testing the le-
gallty or the measure are Being dis
cussed and it may come up in the
courts before the winter has passed
One Of the first to violate it's pro-
visions will be the Afro-American n
Ledger, which will move it's place of
business into Va white neighborhood
shortly after the first Of the year.
The ordinance provides a penalty
for any one who rents or is a party
to the rental of a building of a COL
ored tenant in a white neighborhood
and vice versa
The salient points Of the opinion
follow:
The police power is the broadest
power possessed by the state. No
attempt has ever been made to
strictly define it. It is spoken Of as
the power Of the state to pass laws
and to prescribe regulations in or
der to promote health, peace, morals
education and good order Of people
The power, however, is not an abso-
lutte one, and Is subject to control
by the courts. Almost every valid
exercise Of the police power inter
feres with and is a restriction upon
individual and property rights.
In determining upon the validity
'of police regulation the questions
that present themselves usually are
Flrst-DOes a serious situation
actually exist that calls for relief?
Second-Does the situation affect
the health, morals, safety or good
order Of the community?
Third-Is the proposed measure
reasonably calculated to aff0rd re-
lief?
If all these questions can be an
sWered in the Affirmative, the pre-
sumption is in favor Of the validity
of the measure, notwithstanding the
fact that individual and property
rights may be seriously affected
thereby.
"THE NEGRO PROBLEM"
1t cannot be denied at this late
day that one of the greatest prob
lens that confronts the Southern
oI"'6o ID IhE negro plODlem. ln1t
problem exists not because Of mere
race prejudice, but because expert.
ence and time have conclusively
proved that the commingling Of the
white and colored races Is an abso-
Lutte impossibility and that any such
attempt invariably leads to grave
public disorder. This recognized
fact has resulted in the passage Of
laws in various states enforcing sep
aratiOn Of the two races in the
schools, public conveyances, hotels
inns, theaters and other public
|Dlaces.
Marriage between. the races il
also prohibited under severe penalty
| Legislation Of the character jus
mentioned has been invariably up
| held as proper exercise Of the 20
| lice rOWcrS nOeScsScd by the states
notwithstanding the fact that in Ger
tain Northern states legislation pro
| hibitng the seDaratiOn Of the race
in schools, public cOnveyances an
nub1ic places has bocn declared val
id fer the same reason. in Otho
words. legislation Of a diametrjca11
opposite character. our enforcin
} the separation Of the two races an,