Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1917-11-06
SEGREGATION LAW
DECLARED INVALID
Decision of United States Su-
preme Court Affects Rich
mond Ordinance.
ON APPEAL From LOUISVILLE
Right Created and Protected by
Federal Constitution De-
clarcd to Be Denied
ON APPEAL FROM LOUISVILLE

iBy Associated Press
WASHINGTON. November Com
pulsory separation of the negroes and
whites in residential districts is a vio-
lation of tho Constitution. the Supreme
Court held to-day in unanimous
opinion declaring invalid the Louisville
Ky. segregation ordinance. The meas
urc. which prohibited persons OF either
race moving into blocks in which a
majority of residents were OF the on
posite color. is similar to ordinances
now in effect in Richmond. St Louis.
baltimore. Raleigh. y. c., and many
other Southern cities
such laws. the court decided would
no' prevent the amalsamation of the
races as was claimed by the Louis
Slhe authorities, or prevent race con-
hicts.
The courts action was reversal of
the lower court. which held the ordj
nance TO DC reasonable exercise of
the state police powers. The ordinance
was enacted in 1914, and tho case was
argued twice in the Supreme Court.
In rendering the opinion. Justice
Day said.
The authority OF the State 20 pass
laws IN the exercise of the police power.
having for their object the promotion.
OIL the PUBIC health. safety and well
rare is YER: broad and has been"af-
hrtneo In numerous and recent dccis-
IONS OF TINS court. But it is equally.
wen established that the police power,
broad as 1t is, cannot justify the pas
sage of law or ordinance which runs
q 10
eral Constitution.
CANNOT DEPRIVE CITIZENS
OF CONSTITUTIONAL RIGHTS
That there exists a serious and
difficult problem arising from n feeling
Of race hostility which the law is
powerless to control, and 10 which IL
must give 4 measure of consideration
may be freely admitted. But it's solu-
tien cannot be promoted by deprivinE
citizens of%their constitutional rights
and PRIVILEGES. e
"As we have seen, this court has
held laws valid which separated the
races on the basis of equal accommo-
dations in public conveyances, and
courts of high authority have held en-
actments lawful which provide for
separation in the public schools of
white and coiored pupils where equal
privileges are given. But. in View OF
the rights secured by the fourteenth
amendment TO the Federal Constitu-
ton. such legislation must have its
limitations and cannot be sustained
where the exercise OF authority exceeds
the restraints OF the Constitution We
think these limitations are exceeded in
laws and ordinances of the character
now before us. :.
1T is the purpose OF such cnactmcnts
and it is frankly avowed II will be
their ultimate effect. to require by law.
at least in residential districts, the
compulsory separation of tho races on
account OF color. Such action is said TO
be essential to the maintenance of the
purity OF tho races.
The case presented does not deal
with an attempt TO prohibit the ANAL
gamation of the races. The right
which the ordinance annulled was the
civil right of white man to dispose
of his property if lie saw fit to do so
to person of color. and Of a colored
person to make such disposition to
white person.
1T is urged that this proposed seq
rcgation will promote the public peace
by preventing race conflicts. Desira bio
as this is and important as is the
preservation OF the public peace, this
aim cannot be accomplished by laws
or ordinances which deny rights created
or protected by the Federal Constitu-
ton.
We think this attempt to prevent
the alienation Of the property in ques-
ton to a person of color was not
legitimate exercise Of the police power
OF the State. aud is in direct violation
of the Constitution"
UPHELD by ALL COURTS
IN STATE OF KENTUCKY
The Louisville negro segregation or
dinancc was appealed to the Supreme
Court from the Court Of Appeals OF
Kentucky, after all the courts in that
state had declared il constitutional
The ordinance became effective on May
IL, 1914, and it's purpose was To pre-
vent conflict aud illfeeling between the
white and colOred races in the city or
Louisville, and to preserve the public
peace and promote the general well
fare by making reasonable provisions
requiring as far as practicable. the
use Of separate blocks for residence
places of abode and places OF assembly
by white and colo. ed. respectively"
The ordinance does not attempt 10
confine members Of either race to GER
tain sections of the city, hut furnishes
means whereby i'm the future q sep
aration Of the TWO races into white and
negro sections will he gradually ac-
complishcd. The city block is made
the unit and members of each race arc
prohibited from moving into IL block
where the ma ajority Of residences arc
occupied by those OF the opposite color.
The ordinance in no way affects tho
right of occupancy of houses acquired
prior to it's passage.
Persons desiring to erect now build
ings must obtain from the building
department OF the city information as
to whether the block upon which the
building is to be erected IS either white
or colored. and the application for tho
Continued on Third Pagc)
LOCAL SLEEPING CAR TO DANVIII.E
Iyt tSl. AN,I