The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-02-05
Defect in Ordinance Forces Court
to Throw It Out on
Demurrer.
SAME. THING PLANNED HERE
Councilman Vondcrlehr Prepares
Measure to Separate Races
III Richmond.

Although the West segregation law.
adopted recently by the City Coun-
Gil Of Baltimore wus yesterday
declared unconstitutional and void on
technical grounds. X is proposed TO
Introduce In the Richmond City Coun-
Gil to-morrow night II measure look
Ing TO the separation OF the races
by city enactment. The measure will
be offered by Councilman NondcrJchr,
OF Henry Ward. the ward according
10 the recent census having tin.
largest proportion OF negro popula-
City Attorney. who believes that It
will stand the test OF the courts. o
which It will inevitably be subjected.
Tho Baltimore ordinance was declared
unconstitutional yesterday By reason
of 4 defect in It's title, the subject
embraced not having been properly de-
scribcd In the title.
What Is Proposed.
H The Vondorichr ordinance Is de-
signed to preserve order, protect
property values and draw the line be-
tween the residence section for white
and cclorcd people. without dlscrimi-
mating against either race. II pro
vides in lis flrst clause thett shall be
unlawful, for any white person to oc-
I
and maintain rs a place OF public as
s,mhlv. any house upon any street or
allc.. between two adjacent streets on
which n greater number OF houses are
occupied as residences By coiorcd
people than are occupied by white
people.
The second clause has q similar pro
vision as 10 tnc colorcd race, maxim
II unlawful for any colorcd person 70
occupy as residence or TO csta pAiHh
or maintain as a place OF pubic as
semb]y any house upon any street o!
alley between two adjaccn, strccts on
which greater number OF houses are
occupied as residences BY white peo-
ME than are occupied as residences pS
colorcd people.
Vacant Property.
Tho third clause has to do with the
dryclopmcnt of vacant property. emo
provides that no person shall CONSTRUCT
ar locate on any block or square on
which there is at that time no resi-
dancc any house or other building IN
tended 10 be used as q residence. with
out declaring in his application for
q permit to build whether the house
or building so to DC constructeu -
designed to he occupied by white OF
coIored people. and the Building IN
spector is Instructed not TO issue any
permit in such cases unless the APP
plicant complies with the PROVISIONS
Of this section. Section provides
that nothing In the ordinance shan
affect tho location of residences made
previously to the approval OF TINS or
dinance. and nothing therein shall DO
SO construed rs to prevent the occu-
patton of residences by white or coll
ored servants or employees on the
SQUARE or block on which they are so
employed
Pcnalt. Cinuse.
The penalty clause provides that
every person, either by himself or
through his agent. who violates. or
any agent violating for another. any
one or more OF the provisions of the
ordinance shall be liable to q fine OF
not less than 500 nor more than $500.
recoverable before the Police ustice,
and in the discretion OF the Police jus,
tice such person may in addition to
the fine be confined in the City Jail
not less than thirty nor more than
ninety days. tho ordinance to be in CT
feet from the date of It's approval BY
the Mayor.
The situation in Richmond presents
some difficult problems. tho colored
population having outgrown the cir
transcribed area In which H. has lived
for many years Well o-do negroes
have bought property OH Clay and
other hitherto white streets, co1ored
bank and a colored church on Clay
Street having paved the wayefor tho
occupation of residences on that
thorouEhfarc by negroes. a step which
would be bitterly opposed by the white
residents oc that and other nearby
streets.
Effort Fails In baltimore.
The following dispatch received last
night from Baltimore shows the tenn
porary failure of the efforts there to
scgregate the races although the court
does not pass on the main question
at issue:
was dealt a death blow before the
Supreme Bench Of Baltimore to-day.
when Chief Judge Henry d. Harlan.
and Associate Judge Henry Duffy or.
dered the law thrown out OF court.
This ruling carried with It the liberty
OF scores OF persons who had been ar
rested on the charge of renting prop
erty to negroes. The action Of the court
was taken upon a demurrer to an indict-
mellt under which the validity of the
measure was being tested The climax
came when the States attorney al.
nit ted that tho law was detective In
part. In theiraopinion tho judges laid
particular stress on whether 1t is pos
sible to enact a law providing for the
segregation OF the white and colorcd
races. ISL
Wholesale Arrests. 4
For several months wholesale arr
rests have been made, and the casen
We're sent to court by ", ON mi ( ( I'm r