Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17


nearly all legislation of
fered with by the courts where 1t
lis within the scope of legislative au-
|thority and the means adopted rea.
|sonably tend to accomplish law
full purpose. But it Is equally we'll
established that the police power,
broad as it is, cannot justify the
passage of law or ordinance which
runs counter to the limitations Of
the Federal Constitution; that prin-
|ciple has been SO frequently affirmed
lin this court that we need not stop
Ito cite tho cases.
THE SUPREME LAW.
The Federal f., Constitution and
laws passed within It's authority are
by the express terms of that instru-
lment made the supreme law Of the
Hand. The Fourteenth Amendment
protects life, liberty and property
from invasion by the states without
due process of law. Property is
more than the mere thing which a
person owns. 1t Is elementary that
lit includes the right to acquire, use
and dispose Of it. The Constitution
protects these essential attributes of
property. Holden v. Hardy, 100 u.
IS. 366, 391. Property consists of
the free use, enjoyment and disposal
Iof persons acquisitions without
control or diminution save by the
Ilaw of the land. 1 Blackstone's
Commentaries, (Cooley's Ed 1877.
OUTSIDE OF THE LIMITATIONS.
True 1t is that dominion over prop
lerty springing from ownership Is not
absolute and unqualified The dis
position and use Of property may be
controlled in the exercise of the no
lice power in the interest of the pub
llic health, convenience or welfare.
Harmful occupations may be con-
trolled and regulated. Legitimate
business may also be regulated in
tho interest of the public. Certain
pieces Of property may be confined
to portions of the municipality other
than the resident districts, such as
livery stables, brick-yards and the
like. because Of the Impairment Of
the health and comfort of the occu-
pants of neighboring property. Many
illustrations might be given from the
courts, Of this principle, but these
cases do not touch the one at lar,
THE CONCRETE QUESTION.
me concrete question here is:
May the occupancy, and necessarily,
the purchase and sale of property
Iof which occupancy is an incident,
Ioe inhibited by the States, or by one
Iot its municipalities, solely because
Iof the color OF the proposed occu-
pant OF the premises? That one
may dispose of his property, subject
lonly to the control Of lawful enact>
lments curtailing that right in tho
pubic interest, must be conceded.
THE question now presented makes
1T pertinent to enquire into the con-
istitutional right of the white man to
sell his property to colored man,
having In view the legal status OF
Pie asaisfstsvr end ocvapsntt.
THD WAR AMENDMENTS
Following the Civil War, certain
amendments to the Federal Consti-
tuition were adopted, which have be-
come an Integral part of that instr,,-
ment, equally binding upon all the
States and fixing certain funda-
mental rights which all are bound to
prospect. The Thirteenth Amend
mcnt abolished slavery In the United
Estates and in all places subject to
their jurisdiction, and gave Con-
gress power to enforce the Amend
Iment by appropriate legislation. The
Fourteenth Amendment made all
persons born or naturalzed in the
united States, citizens OF the United
States and of the States in which
they reside, and provided that no
State shall make or enforce any law
which shall abridge the privileges
Tor immunities Of citizens of the
UNITED States, and that no State
snail deprive any person Of life, lib
lerty or property without due pro-
cess of law, nor deny to any person
tine equal protection of the laws.
TIE SLAUGHTER HOUSE CASES.
The effect of these amendments
was first dealt with by this Court in
lthe Slaughter House Cases, 16 Wal
pace 36. The reasons for the adop-
pawn Va eiAO were ClaD>
orately considered by n court IA
miliar with the times in which the
necessity for the amendments arose,
and with the circumstances, which
tmpelled their adoption. In that
ease, Mr.. Justice Miller, who spoke
for the majority, pointed out that
the colored race, having been freed
from slavery by the Thirteenth
Amendment, was raised to the dig
nifty of citizenship and equality Of
civil rights by the Fourteenth
amendment, and the States were
prohibited from abridging the priv
ileges and immunitics of such citi-
zens, or depriving any person of
life, liberty or property without due
process of law. While a principle
purpose Of the latter Amendment
was to protect persons OF color, the
broad language used was deemed
sufficient to protect all persons,
white or black, against discrimina-
ltnrV 1DDic1o ion bu BOT To-,