davidaulloa/AmericanStories huggingface dataset:
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
VIOLATION A PUNISHABLE
OFFENSE.

The ordinance contains other Sec
lions and n violation Of its provisions
is made an offense.
The assignments of error in this
court attack the ordinance upon the
ground that II violates the Four
teenth Amendment of the IConstitu-
ton of the United States, In that 1t
abridges the privileges and immuni-
ties of citizens of the United States
to acquire and enjoy property, takes
property without due process Of law,
and denies equal protection Of the
laws. -.
The objection Is made that this
writ OF error should be dismissed
because the alleged denial Of con.
stint onai rights 'Tascfges 'SDGiy The
rights of colored persons. and the
plaintiff In error Is white person.
The court has frequently held that
while an unconstitutional act Is no
law, attacks upon the validity of
laws can only be entertained when
made by those whose rights are d.
rcctly affected by the law or ordi-
nance in question. Only such per-
sons, 1t has been settled, can be
heard to attack the constitutional
ity OF the law or ordinance. But
this case does not run counter to
that principle.
SOLD BY a WHITE MAN.
The property here involved was
sold by the plaintiff in error, q
white man, on the terms stated, to
colored man; the action for speci-
nc performance was entertained in
the court below. and in both courts
the plaintiffs right to have the con-
tract enforced was denied solely be-
cause Of the effect of the ordinance
making 1t illegal for colored per-
son to occupy the lot sold. But for
the ordinance the State courts would
have enforced the contract, and the
defendant would have been COM
PEELED to pay the purchase price and
take conveyance Of the premises.
the right of the plaintiff in error
to sell his property was directly in
VOWED and necessarily impaired be-
cause II was held in effect that he
could not sell the lot to q person of
color who was willing and ready to
acquire the property, and had obli-
gated himself to take it. This case
does not come within the class
"HSiSih tHiS COuIL mas 1GlQ Inat
where one seeks to avoid the en-
forcement of law or ordinance, he
must present grievance of his own
and not rest the attack upon the al
legged violation Of another's rights.
In this case the property rights of
the plaintiff in error are directly and
necessarily involved. See Truax v.
Raich, 239 U. s. 33, SO.
THE CASE UPON IT'S MERITS.
We pass then to a consideration
of the case upon it's merits. This
ordinance prevents the occupancy of
a lot in the City Of Louisville by a
person OF color in a block where tho
greater number OF residences are
occupied by white persons; where
such a majority exists, colored per-
sons are excluded. This Introduction
is based wholly upon color; simply
that and nothing more. In effect,
premises situated as are those in
question in the so-called white
block are effectively debarred from
sale to persons of color, because if
sold, they cannot be occupied by the
purchaser nor by him sold to another
of the same color.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
-" s~slsa.;Iig.:'
the Supreme
!. curt Decision
Continued from First Page.)


purpose Of having erected thereon
II house which l propose to make my
lresldence, and 1t is q distinct part
Iof this agreement that shall not
pc required to accept deed to tho
hDoVe property or to pay for said
property unless | have the right. un-
der the laws, of the State Of Ken
lucky, and the City, of Louisville,
TO occupy said property as a resi-
Idence." This offer was accepted by
the plaintiff.
COULD NOT, OCCUPY IT.
10 the action for specific perform
|1nce the defendant by way of an,
|swer set up the condition above set
|forth, that he Is a colored person.
ana that on the block of which the
|tot IN controversy is a part, there
are ten residences. eight of which
ut the time of the making of the
contract, were occupied by white
people, and only two Chose nearest
the lot In question: were occupied
by colored people, and that under
and by virtue of the ordinance of the
City OF Louisville, approved May II.
1914, he would not be allowed to
occupy the lot as a place Of resi-
dence. =
IN VIOLATION OF CONSTITUTION
In reply to this answer the plain
iff set up, among other things, that
he ordinance was in conflict with
he Fourteenth Amendment to the
Constitution of the United States,
and hence no defense to the action
Tor specific performance Of the con-
tract.
In the court Of original jurisdic-
ltion in Kentucky, and in the Court
|of Appeals Of that State, the case
was made to turn upon the consti-
|tutional validity Of the ordinance.
(fhe Court of Appeals of Kentucky,
65 Ky. $50, held the ordinance
valid and of itself complete de-
Tense to the action.
LIKE RICHMOND ORDINANCE.
The title Of the ordinance Is: IAN
ordinance to prevent conflict and ill
Feeling between the7 white and col
|ored races in the City Of Louisville.
md to preserve the public peace and
promote the general welfare by MAX
ling reasonable provisions recurring
Jas far as practicable, the use of sep
|arate blocks for residences, places of
abode, and places of assembly by
white and colored people, respect
lively"
BY the first section Of the ordi-
nance it is made unlawful for any
|colored person to move into and oc-
|cupy as a residence, place Of abode,
or to establish and maintain place
|of public assembly any house upon
any block upon which greater
plumber Of houses arc occupied as
residences, places Of abode, or places
|of public assembly by white people
han are occupied as residences,
places of abode, or places Of public
assembly by colored people.
A DISTINCTION WITHOUT A
DIFFERENCE.
Section Q provides that it shall
'6sE-* IT, ~ e: a. 4:
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
DINING HALL

81 new DirIs.EHiist Ils.ii AS now An tho
course of erection and nearing com
-pletion. This building with imposing
Colonial front makes splendid addi
ton In The general appearance Of
buildings and Grounds j This HALL
VIII be completed about January list,
and dedicated.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
DANVILLE NEWS.

',''' &1FEgsSSaSSEgsEaazs
Mrs. Lizzie Bennett Terry of Pitts
burg, Pa, is home visiting.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17

Mrs. Ethel Alexander Of Jersey
City spent few days in the city
cnroute to Boydton, Va,
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
SCIENCE HALL


When the new lining hall Ia &C.
cupied the former one Will DO convert
ed into a Science Hall and eouipped
we'll as q Laboratory for physical
sciences. These improvements will
enable the institution to approximate
III very large degree its ambition
respecting the work and it's general
advancement.
WOMEN'S EXECUTIVE BOARD
APPEALS.
Mrs. l.. W. Tyrrell chairman and
Mrs. M. r. II. Allen, Secretary.
with the other members of the Exc
culiye Board of the Women's Con-
vention, have made an appeal to the
churches OF Virginia. PENNSYLVANIA.
New Jersey and New York to recog-
hlze Friday, November 23rd, as "Pan
try Supply Day" and on that day
give some edibles for the institution.
Each county in Virginia has been all
lotted some one article Of food to SUP
ply. Some meaJ some apples,
some sugar some lard, some potatoes
ff"r and the ril,e. Also each State
Is requested to give some one article.
All kinds of food stufFs are called for
meal, rice, beans, potatoes, cabbage,
turnips, fish, etc.
This Is a worthy appeal made in a
strenuous time for a worthy institu-
ton. In this effort MRS. Tyrrell and
her workers have the full support and
cooperation Of the President Of the
1nCftfnfinn je Ut
urgent desire That these worthy work
ers Will receive a hearty response to
their appeal. BY so doing the work
will be greatly helped and they will
be encouraged.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
NOT IN POWER OF THE STATE.

We think this attempt to prevent
the alienation of the property in
question to a person Of color was not
"a legitimate exercise of the police
power of the State, and is in direct
violation Of the fundamental law en-
acted in the Fourteenth Amendment
iof the Constitution, preventing State
interference with property rights ex-
cept by due process OF law. That
being the case the ordinance cannot
stand. Booth V. Illinois. 1874 U. S.
125, 429; Otis v. Parker, 1877 U. S.
COG, 600.
Reaching this conclusion it fol-
lows that the Judgment of the Ken
lucky Court OF Appeals must be re-
yersed, and the cause remanded to
that Court for further proceedings
not inconsistent with this opinion.
Reversed.
A true copy.
Testc:
Clerk Supreme Court, u. S.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
DESTROYED THE RIGHT

Thc effect Of the ordinance under
consideration was not merely to
regulate business Or the like, but
was TO destroy the right Of the in
d'Vldual to acquire, enjoy and dis
pose or his property. Being of this
character, 1t was void as being OPP
posea 10 the due process clause Of
the Constitution,
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
SPECIFIC CITATIONS.

In the face Of these constitutional
and statutory provisions. can q white
man be denied. consistently with due
process Of law, the right to dispose
OF his property to purchaser by
prohibiting the occupation Of 1t for
the sole reason that the purchaser
Is person of color intending to oc-
cupy the premises as a place of res
idence?
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17

Section 2 provides that it shall
; as'2k IT, I " r. a. 4.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1917-07-27
28 Years Ago Today

! (From the Daily East Oregonian,
July 81, 1880
Born to the wife of Fred II.
Kemper on Friday. July 26. 1889. a
daughter.
few Sundays ago a couple of
Umatilla sheepraisers attended church
at Pendleton. On emerging from the
sacred edifice one of them remarked.
81 say Jim that preacher was hitting
at US" You bet ne was" said the
other. He did not talk about any
thing except lost sheep; got your gun
with you?" why. certainly" "Then
wait till he comes out and give him
a chance to explain what ne means
by them personal remarks"
Seth Richardson's garden above
town has been cleaned out entirely by
tramps who have to live. you know.
Jim TOwne's house below Pendle-
ton burned to the ground last even
ing Mr.. Towne is of MongoIian per-
suasion but he is a rustier and indus
trious and his misfortune is to be re-
gretted.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1917-07-27
Lemons Whiten and
Beautify the Skin!
Make Cheap Lotion


Ihe juice OF two fresh lemons
strained into bottle containing
three ounces Of orchard white makes
a whole quarter pint of the most re-
markable lemon skin beautiffer. at
about the cost one must pay for
small jar Of the ordinary cold
creams. Care should be taken to
strain the lemon juice through fine
cloth so no lemon pulp gets in then
this lotion will keep fresh for
months Every woman knows that
lemon juice is used to bleach and re-
move such blemishes as freckles. sal
lowness and tan and is the ideal skin
sOftener. smOothener and beautffier
Just try it, Make up quarter
pint of this sweetly fragrant lemon
lotion and massage il daily into the
face. neck, arms and hands Il
should naturally help to whiten. soft
en-. freshen and bring out the hidden
roses and beauty OF any skin It is
wonderful for rough red hands
Your druggist will sell three ounces
of orchard white at small cost. and
any grocer viii supply the lemons.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1917-07-27
FOR THE EXECUTIVE DE-
lPARTMENT

=" Y the very nature OF
80 things the successful con
duct of war requires thai
the executive department OF
1he government be predomin-
saHE over the legislative. Con-
A&EzI0ns call for decision, for
SEzxB work, for disinterested-
IHssss and for ability of high or
GeR- 1t Is no reflection on con-
2Tssss TO say that the executive
department possesses these
F1Ez Bfies in better degree than
sssoes The iawmaking body. 1t
~ a fact patent to everyone. 1t
nS wholly natural the situation
should be as it is.
Vet one of the chief points
of controversy in connection
with the food bill is in regard
'sEs 1she proposed committee on
d11e conduct of the war-a
vs1xnmittee intended to super
>VIse expenditures for military
purpOse and therefore to take
"a azrsHg hand in directing the
NaF Some of the strongest
republican leaders in the SEN
ate and house favor this ar
E8ugement and in the senate
sttzsy slzve the support of at
least one democrat-Reed of
Missouri
rs It any wonder President
Wilson objects to having a
congressional committee tell
hIEn how to run the war when
tt has taken congress since
-ssHyra 20 to work out a food
'Ssdntrol law and the job is
about rs far from completion
Gsuw as when the start was
zxzzde7
l. It surprising that the Pres
zftent, as a close student of his
0Bry should not want the Uni
Ted States to repeat its worst
s7lander of the civil war,
&lunder that caused Lincoln
untold trouble and worry and
prolonged the rebellion?
an view of the slowness and
uncertainty with which con-
gFess moves can the country be
expected to sanction any ef-
Tort u take war management
frUIn the President and lodge
1t with the legislators?
Ts0 many captains will en-
danger the ship.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1917-07-27
STATE PRESS COMMENTS
ON RECENT CONVENTION
PENDI.ETON.
(HepDuer Gazette-Times.1

(HepDner Gazette-Times.1
Pendleton is city in Eastern Ore
gon containing about 5000 people: II
is a well built town but in streets
buildings. stores and schools. PendIe-
ton is not a great deal unlike any
other progressive small city
But PendIeton is the town with a
punch More can be accomplished in
Pendleton in a given time than in any
other city OF like size that we know
of.
There is a coordination OF spirit in
Pendlston that we cannot explain No
other city has it, When a thing is
started there. II is finished IN s5hed
uIe time and the results obtained are
usually from 50 to 100 per cent bet
ter than was dreamed of in the be-
ginning.
Pendleton is mostly famous for her
Round Up. This show has been more
widely advertised than any other like
show in the world. Consequently
Pendleton has received an endless lot
OF advertising from that source. But
to an outsider, reading about the
the Roundup would mean nothing.
4 trip to Pendleton and view of the
big show would mean everything. II
is here that you feel the electrifying
touch Of the PendletOn spirit II is
here that the great big western hos
pitality takes you by the hand and
YOU are ushered into the homes of
Pendleton as real guests. Pendleton
people give up their own beds on thai
occasion and sleep in the cellar If ne
CeEsaFr
r. WAS the good fortune Of the edi-
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1917-07-27
DAILY EAST PENDLEToN OREGON FRIDAY JULY 81 1917

manly and scholarly author,
whoever he may be, gained his
idea of American geography
from knowledge that was
available in the early days of
the republic. At that time
Pittsburg and the Great Lakes
We're really in the northwest,
So was Ohio. But by the Great
Jehovah and the continental
congress it is time eastern peo-
pie were discovering the fact
that the revolutionary war is
over and that the Mississippi
is no longer on the edge of the
wilderness.
If there are men at Wash
ington or anywhere else in the
government service who can
not locate the northwest and
insist on talking about the
Pittsburg region when dealing
with our coal supply they
should be lynched and then
given a good cussing. If such
people cannot tell by the map
the west is located let
them look up the region where
the Red Cross and Liberty
Loan money came the fastest, !
where the enlistments have |
been so good the draft lists are |
short and then let them ascer-
ain who elected Woodrow |
for a second term in
he White House.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1917-07-27
MR.. ROOTS BRAVE SER
VICE

~ HE defense committee of
VI the National Arts Club
has struck a medal of
valor to be presented to Elihu
Root, and the mayor of New
York has named a distinguish
ed committee to confer the
honor at the proper time. The
honor is well bestowed. Mr..
Root is an old man yet he ac-
cepted an appointment of the
most difficult sort. He went
across submarine infested seas
t. a revolution shaken coun-
try to carry a message of good
will and encouragement from
the United States. His duty
was not only complicated but
IL involved personal danger
and hardship. The fact Elihu
Root without any hope of re-
ward other than comes from
consciencesness of duty we'll
rendered was willing to accept
the mission to Russia and has
striven hard to bring that
country out of chaos is a trib-
ute to his manliness and patrio-
tiSm.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1917-07-27
DO YOU KNOW

That Troop d has a likely looking
lot of cavalrymen in the making?
That housewives are complaining
about an epidemic of ants?
That Seth Richardson was boss or
the old Bill Switzler stock ranch on
the Columbia 40 years ago?
That some religious cult is sending
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1917-07-27

tors of Oregon to come in close touch
with Pendleton and her grand spirit
last week. They are entertainers of
the highest order and they have made
an impression upon the stats press of
Oregon that will have a lasting good
effect not only upon PendletOn but
upon the entire state as well.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1917-07-27

II will have to do with compilation
OF all sorts of Information in regard
to the officers and enlisted men on
duty abroad which will be supplied
to their friends and relatives on in
quiry.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1917-07-27
1T MAKES ONE MAD

~ government report on the
A subject of coal prices "in
the northwest relates
chiefly TO the territory between
E'fttsburg and the Great Lakes.
f.,rsf~1f'-- +l'~ aeeiniv,a gaptla-
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1917-07-27

tracts to Pendleton announcing that
the end of the war and the end of the
world will come on August 4?
That both of the lieutenants of
Troop D were born down south?
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1917-07-27
EARTH Is ENOUGH.

- We men of earth have here the
- stuff
- OF Paradise-we have enough
- We need no other stones to
- build
u TH9e stairs into the Unfulfilled-
- No other ivory for the doors
- No other cedar for the beam
- And dome of mans immortal I
dream.
- Rs-e on the, paths OF every I
- .fiay-
- azs=Fe on the common human "
- Is al the stuff the gods would I
- Es osifd Heaven. to mould
and make
- Sse~ Edens. Ours the stuff
- sublime
- TIA build Eternity in timei
. Edwin Markham 4
sm m a n a A a a a a a a a . ,
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1917-07-27

GIVE NEWS OF BOYS IN FRANCE
WASHINGTON. d. C., July 26.--.
To insure the folks at home news of
the soldiers serving in France, Ad-
jutant General McCann is about to
establish a new division in his office.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1917-07-27

chat the Italian front in Europe
is considerably longer than the COM
bined French, English and Belgian
fronts?
Mexico weekly ledger. (Mexico, Mo.) 1855-1956, 1917-07-12
Depot or Double Track?

There is much speculation among
Ccntralia citizens as to why the Wes-
tern Union telegraph line is being
moved sixty feet north of the pres
ent line thru the city. The old line
is being taken down and leaves the
yards entirely clear Of poles. There
are rumors that the Wabash is max
ing room for a double track system
as the telegraph line is being moved
from Mexico to Moberly. None Of
the local railroad men know, or will
give out any information as to what
the change means. One of the line
men on the job stated he had heard
that the Wabash was preparing the
way for the early erection of a new
passenger station in Centralia, where
the Branch would have one eide and
the main line trains the other. As
yet nothing definite can be learned,
but there is evidently some radical
schange contemplated. Centralia
Courier.
Mexico weekly ledger. (Mexico, Mo.) 1855-1956, 1917-07-12
md Props
CALLS OUT THE GUARD

WASHINGTON CITY, u. c., July
10. = President Wilson has issued 4
proclamation drafting the entire guard
of this country into the United States
Army to date from August 5 next and
also calling the regiments out for ac-
tive service.
Similarly the state troops from
Maine, New Hampshire, Vermont,
mont, Massachusetts, Rhode Island,
Connecticut, New Jersey, Delaware,
Maryland, District of Columbia, Vir-
ginia, North and South Carolina,
Tennessee, Illinois, Montana, Wyo-
ming, Idaho, Washington and Oregon
are called into the federal service on
July 25.
The national guard of New York,
Pennsylvania, Ohio, West Virginia,
Michigan, Wisconsin, Minnesota, Iowa
North and South Dakota and Nebras-
ka will be called into the federal SER
vice on July Is and sent to concen-
tration camps in the South, although
the draft will not apply formally to
them until August 5.
Mexico weekly ledger. (Mexico, Mo.) 1855-1956, 1917-07-12
INFANTILE PARALYSIS
IN COLUMBIA; THREE
CASES ARE REPORTED
Mrs. Roy ID. Mills, of Duluth, Mimi,
Who Has Been Visiting There,
Returns to This City

There are three well defined cases
of infantile paralysis in Columbia.
While they are all under strict quar-
antine, Mrs. Roy d. Mills and baby,
of Duluth, Mimi, who has been visit
ing Mrs. C. D. Glendye, of that city,
has returned here, because of condi-
tions and will visit her parents, Mr..
and Mrs. C. B. Morris.
The report that Miss
Pryor, of this city, sister of Herbert
Pryor, was one of those suffering
with the disease, seems to have been
a mistake. The three cases under
quarantine are Miss Jessie Hill
daughter of DIR. A. Ross Hill, Presi-
dent of Missouri University; Miss
Margaret Hoeken and Miss Edith
Warndek.
The authorities in Columbia are Civ
ing the cases the closest attention and
say there is no danger of its further
spread.
Columbia will hold a fair October
Q to IL.
Mexico weekly ledger. (Mexico, Mo.) 1855-1956, 1917-07-12
|. W. W. PLOT
TO FIRE DAKOTA
CROPS is Barred

SIOUX FALLS, S. D., July T. -
Government officials are reticent IN
discussing the alleged plot of the In
dustrial Workers of the World to par
alyze the State by concrete ATTEMPT
throughout the agricultural district to
burn the ripened crops. However, 1t
was stated the Government was at
work investigating the plot, and that
when definite evidence could be OBJ
tanned arrests would be made. One
official gave additional credence to
the announcement made yesterday by
army officers that a statewide move
was afoot to destroy the growing
crops by stating that the disclosures
would be given wide publicity in order
that the plans of the plotters might
be frustrated.
Maps of the principal crop dis
tricts are in possession of |. w. W
leaders connected with the plot, it il
asserted by army officers. 1t also !
declared men have been posted at ad
vantage points throughout the Stat
to fire the fields.
AS vet no reports have been receiV
cd which would indicate the plan ha
heen set under way. Officials woul
not disclose the means they woul
employ to defeat the plot, but urge
all farmers to be on watch for an
outbreaks. ~ -