The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1914-04-14

1t'S
SO would give TO the words genera
welfare" an extended and wholly un-
restricted scope which we DO not tnlhh
the Legislature could have Conlenh-
plated in using those words II the
board of aldermen Is thereby aulHot
lied to make this restriction a pare
majority of the board could, II they
NAV deem il wise and proper re
quire Republicans TO live on certain
streets, ana Democrats on other' OF
that Protestants shall reside only IN
certain parts OF the town and catno-
lies in another; or that Germans or
people of German descent should re
side only where they were in the ma
jority and that Irish and those OF
Irish descent should dwell only IN
certain localities. designated for them
by the arbitrary ana per
mission of a majority of the alder
men. They could apply the restrlc-
ton as we'll to business occupations
as to residences and could prescribe
the localities allotted to each class OF
people without reference to whether
the majority already therein IS OF the
prescribed race nationality, or politi-
cal or religious faith.
Besides an ordinance of this kind
forbidS the owner OF property TO sell
or to lease it to WhOmsOeyer he sees
fit. as well as forbids those who may
De ucSlIObS Oh DuyiIiS VI ICiil1i6 p1op-
erty from doing SO where they can
make the best bargain. Yet this right
Of disposing of property, the jus dis
ponendi has always been held n OF
the inalienable rights incident to the
ownership Of property which no stat
ute will be construed as having power
to take away. In Bruce V. Strickland
81 N. c., 267. it is said: The jus
disponendi is an important element
of nrnnartV and a vested right OrO-
tected by the clause in the Federal
Constitution which declares the obli-
cation Of contracts lnvloiable. The
same doctrine is fully held and dis
cussed in Hughes Y. Hodges 1902 N.
c., 239 and in the numerous citations
TO those two cases which will be found
in the Ammo. Ed. his ordinance for
bids a white man or a colored man
to live in his own house if it should
descend to him by inheritance and
should happen to be located Ola a
street where the majority Of the resi-
dents happen to be Of such different
race. There is no reason why the
power Of the county commissioners to
provide for the public welfare SHOULD
not be as broad as those Of the town
commissioners, n if under such gen
eral authority similar regulations are
| prescribed for the country districts
one who should buy or inherit prop
erty in a section where the opposite
az is in the majority could not re
side on his WI property and he could
not sell it or rent it out except to per
sons Of such different race since none
could reside there. Neither 6
white manager nor any white tenants
could reside on a farm where a ma,
jority Of the tenants or hands are
colored.
In Ireland there were years agt
tneeAo oro~o.hoI $4,000 : L
native Irish OF Celtic population coult
not reside. This was called tn
Irish Pale" and one of the result
was continued disorder and unres
in that unhappy island which had a
one OF its consequences that NOR
than half its population came to thi
country. That policy has since beel
reversed. But in Russia, to this day
there are certain districts to which
the Jews are restricted, with the re
suit that vast numbers Of them ar
emlgrating to this country. We Cal
hardly believe the Legislature by tn
ordinary words in a charter author
izing the aldermen to provide 70
the public welfare intended to I'M
tate SO revolutionary a public poll
cy. Had this been intended ther
, could certainly have been a Thorough
: discussion and a full considerable
t by the General Assembly of the ques
ton whether under the Constitutio
Of the United States and of this Stat
the Legislature could establish a pol
icy which would deny to the owner
2 Of lands. either in the country or tow
: the right to dispose Of them by sal
e or renting to whomsoever they sa,
fit as Of ancient right they had sa'
long accustomed to do, or to restrie
any class Of citizens from buying Q
l renting where they wished.
n indeed SO far az the declaration &
Z a public policy is concerned, when
e few years ago labor agents began car
g rying out Of the State the colore
e labOrers on whom many farmers DE-
pended for the cultivation of the
o which alone maintained til
value Of their lands, the Legisiatur
# promptly passed chapter 75, Law
1891, which made it indictable to e.
Il ercise such vocation b hayin
It first paid a license fee of 81, goo. Whe
IS that act was held invalid in State Y
e Moore. 113 n. c, 697, the Legislatul
n nrOVDDtly naSceS cnnthop cioDtor