The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-12-13
FIGHT UPON
SEGREGATION LAW
Attorneys for Defense Move
Hastings Court to Quash
Summons.
POSTPONED UNTIL JANUARY
Judge Wells Instructs Counsel 10
File an Agreed Statement
OF Facts.

On the ground that the city seure-
cation ordinance was unconstitutional
and void. attorneys for Mary Hopkins
and Amedo Toni moved the uus,inrs
Court yesterday that II quash the sum
mons under which their clients were
convicted and fined In the Police Court
for violations OF tho law restricting
the residential privileges OF the white
and colorcd races.
Tho attitude assumed by the lawyers
for tho defendants made necessary an
Inquiry into special conditions which
IL was claimed. have an important
bearing In the two cases. Judge Wells
postponed trial until January Is, when
counsel for both sides viii file briefs
and an agreed statement Of facts
Mary Hopkins was fined in the Pc
lice Court for violation Of the ordi-
nance which makes it unlawful for
any colorcd person TO occupy as "A
residence any house upon any blocl,
on which greater number OF houses
arc occupied as residences by white
people than arc occupied as resi-
dences By colored people.
Inv Works 10th Ways
Tho case against Amedc Toni in
wolves violation OF another section
Of the Same law. which prohibits uny
white person from occupying as "a
residence any house on any blocl; on
which greater number OF houses are
occupied as residences by colored peo-
pic than arc occupied as residences by
white people. Upon the disposal OF
thes two typical CAGES VIII depend the
fate Of Il dozen other prosecutions now
on the Hastings Court docket.
The city Of Richmond was represent
I'd yesterday by Assistant city Attor-
ney George Wayne Anderson J. r.
a In.
L. Cohen appeared for tho defendants.
Another case against Mary a Hitch
ings. set for tria! yesterday, went over
20 January -. Counsel In this case
agreed 10 abide b. whatever decision
should be reached in the cases against
Mary Hopkins and Anedo Toni
Issue Is Important.
Southern cities confronted with the
same race problem are watching with
interest tho disposition OF the segrega-
ton Issue Dy the Richmond courts
Considerable difference Of opinion ex-
lists as to the constitutionality OF the
'aw. and the question Will IN all prob
ability so to the Supreme Court of
the United States for settlement.
Judge Chichester. Of the Hanover
County Circuit Court, In a recent de-
cision held tho Ashland segregation
law 10 be constitutional He regarded
IT rs u legitimate exercise OF the po-
lice power IN the interest OF public
penc. and welfare The Ashland law
is virtually q word for word copy OF
the Richmond ordinance
Get Mnny ReuuestS
Since Judge Chichcster's decision the
clty authorities have received nuner-
GUS requests FOR copies OF the Rich
mond law. The applications come
from Western and Northern. as we'll
as Southern cities request for a
copy was recently received from Bal-
iimore. which enacted q segregation or
dinancc that was later declared uncon-
stitu,ional by tho Supreme Court or
Alaryland In multiplying the Baltimore
law, however. the Supreme Court OF
AiarY!and Indicated it's opinion that a
reasonable law on tho subject could
he drawn that would be constitutional.
The Hustincs Court decision In the
pending cases VIII havo an important
bearing on the fate OF the local ordi-
nance. which II Is admitted, will be
tested before the Supreme Court OF
OF Virginia