The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-05-26
SEGREGATION LAW
ATTACKED IN COURT
White and Colored Citizens Each
Question Its Constitu-
tionality.
JUDGE WELLS HEARS CASE
Law Applies Equally to Both
Races, and Has Been Once
Sustained.
JUDGE WELLS HEARS CASE

Oral argument was heard in the
Hastings Court yesterday by Judge
Ernest IL. Wells in the cases OF Anna
dec Toni and Mary Hopkins against
tho city of Richmond, in which tho
palintifTs seek relief from the scgrcSa-
ton ordinance governing the residence
of the white ana colorcd races. The
law is being attacked on the ground
that it violates the Constitution or
tho United States. which guarantees all
citizens immunity from discrimination
because of race or color.
The two cases are typical of n num-
Der of actions that have been brought
against the city since the segregation
law went into effect LII ono Il white
person and In the other q colored per-
son are seeking to maintain thelr res
ideEce in violation of the provisions or
the segregation ordinances. This law
prohibits colorcd person from NOV
ing into 4 block in which Il majority or
tho residents arc white, and appIfes
the same inhibition as regards the
taking of residence by u white person
in q block containing colorcd residents
In the majority.
JUDGE RICHARDSON
DECLINED TO SIT
Tho cases were argued on briefs
ceve-al months ago. Judge Richardson
declined to sit, because az Mayor or
Richmond when the ordinance in qucs-
Lon was brought to him for signature
he approved it as constitutional. The
hearings have therefore been conduct
ed by Judge Wells. of Hastings Court,
Part II. Yesterdays argument was for
convenience heard In the chambers Of
.hc Law and Equity Court.
Assistant City Attorney George
Wayne Anderson appeared for the city
81 Richmond. and the plaintiffs wcro
represented by Attorney Alfred T..
Cohn, and Attorney J. II. Pollard. At
.hc conclusion OF the presentation
Judge Wells took the case under ad-
viSement.
Mere than usual Importance attaches
to the disposition of tho segregation
cases in tho Hastings Court. The find
Ing of the court will apply directly TO
number OF other cases in which the
sam" principle Is involved, and it win
establish an important precedent for
tho disposition OF similar litigation In
other Southern States.
IMPORTANT PRECEDENT
IN ASHLAND DECISION
An important precedent has already
been set in q decision handed down
more than y year ago by Judge Chit
chester. of the Hanover County Cir
cult Court, In an action brought against
the town OF Ashland to test n segre-
cation ordinance copied almost verba-
tim from the Richmond law. Judge
! Chichester held that the law was con-
st!tutional. Segregation OF the races.
he held. was legitimate exercise
of the police power In the interest OF
peace and good order.
The city of Baltimore about two
years ago passed segregation ordi-
nance. which tie Supreme Court or
Maryland declared unconstitutional. In
handing down It's opinion. however. the
court expressed its belief that Il segrc-
cation law could be so drawn rs to full
i'll the requirements OF the Constltu-
ton. If the Richmond law is upheld
ny the Hastings Court and later by the
state Supreme Court of Appeals. where
the casc1 win undoubtedly he taken,
the ordinances will be copied extensive
L. by Southern cities.