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

hIS' l1iHAle Bcnnctt Terry OF Pitts
burg, Pa, is home visiting.
Mrs. Ethel Alexander of Jersey
City spent few days in the city
cnroutc to Boydton, Va,
James McAdcn Il cripple was ar
rested and sent TO Jail for 30 DAYS
on the charge Of vagrancy. lie had
only been out Of employment three
days. llp was discharged because
his employer had no further work for
MIN to do. He was fortunate enough
To secure job but was locked up
before he could report for duty. But
one good thing 'lhis young man had
been attending the Baraca Glass of
the Calvary Baptist Sunday School
TO whom he applied for help. The
president Mr.. w. b. Muse and the
Assistant teacher, Mir. w. O. Fergu
son, investigated the cas-. and present
cd the facts to the Mayor and Sc
cured his release. 1t ,aNs to be con
ncc'ed with the Sunday School and
Church.
.:... - T',1SSsssgSyWfgwi
we are glad to nave q colorcd pap
cr III our city. "Thc Headlight" Mr..
ihco Harrison editor and proprietor.
Ol1ice In the Southern Aid Building.
we wish for him Eluch success.
N-.. ';:.>' - / sSssSis Ssag
Mrs. Annie Whecle, Of Oaksville
is very sick.
.E;5'> :. $3.50; z: =. st. ->..,
Rev. W. r. Grasty pastor of tho
First Baptist Church closed his
Seventh anniversary Monday even
ing, An excellent program was rend
oieo. Htelreshments were served
- :Es =. TztsPrs
MIR. John l.. Johnson has return
Gu nome after touring to Baltimore.
-. :''i':;: y - NEUTRALITY-SUSPICIOUS. I
Mr. liilrie Richardson is spending
inc week end in Washington and
Baltimore.
Mr.. Charlie Pritchett OF Liberty
f'Ul oied Friday morning in his 22nd
year. His funeral was conducted
from the house by Rev. Terry. Tn.
uerlaker l.. II. Brooks officiated
lhc floral designs were beautiful
We note with .adncss the death ~
Mrs. Cordelia NJ. Flcmmine mother
or MIR. Herbert INemming, Richmond
va. Mrs. Flcmming had many friends
III TINS city who will learn with mucb
sorrow OF her death.
MIR. l.. NJ. Green. of this city at
Tended her funeral in Richmond. Va.
Sunday November 4th.
" "r: sidney Parker Of Richmond
va is in the city again.
Mrs. Romaine Adams of Uolbroo,x
street is on the sick list.
AN excellent musicale was rendered
laS' Monday evening at the West
nl"relahd High School by Miss Minnio
l,aEos and Mrs. Forbes of I,ynchburr
Va, b
REPORTER
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
DINING HALL
gLSB>.,sv,,

- A We" N!W.ns Aiai4 Is now IN tho.
course OF erection and nearing com
pletion. This building with imposing
Colonial front makes a splendid addi
ton In Tho general appearance Of
buildings and grounds :, This Hall
Will BIO completed about January LIST,
and dedicated.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
THE BEREA CASE.

In the Bcrca College Case, 211
u. S. As, State statute was sus-
tanned in the Courts of Kentucky,
which. while permitting the educa-
ton Of white persons and negroes in
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17

be unlawful for any white person
to move into and occupy as resi-
dcnce, place of abode, or to cstab-
fish and maintain as a place of pub
lie assembly any house upon any
block upon which greater number
of houses are occupied as residences,
places of abode or places of public
assembly by colored people than are
occupied rs residences. places of
abode or places of public assembly
by white people.
Section provides that nothing
in the ordinance shall effect the To-
cation of residences, places of abode
or places of assembly made previous
to its approval: that nothing con-
tanned therein shall be construed SO
as to prevent the occupancy of resi-
dcnccs. places of abode or places of
assembly by white or colored SER
wants or employees or occupants of
such residences, places of abode or
places Of public assembly on the
block on which they are so employed,
and that nothing therein contained
shall be construed to prevent any
person who, at the date of the pass
age of the ordinance. shall have ac-
quircd or possessed the right to
occupy any building as a residence,
place of abode or place Of assembly
from exercising such Il right; that
nothing contained in the ordinance
shall prevent the owner of any
building, who, when the ordinance
became effective, leased, rented, or
occupied it as a residence, place Of
abode or place Of public assembly
for colored persons, from continu-
ing TO rent. lease or occupy such res
ldcncc, place of abode, or place Of
assembly for such persons, IL tho
owner shall SO desire; but if such
house should, after the passage Of
the ordinance, be at any time leased
rented or occupied as n residence,
place of abOGc or place of assembly
Tor white persons, it shall not there
after be used for colorad persons,
If such occupation would then be a
violation Of section one Of the ordi-
nance; that nothing contained in
the ordinance shall prevent the
owner Of any building. who when
the ordinance became effective,
leased, rented or occupied it as Il
, residence, place OF abode. or place
OF assembly for such purpose. if the
owner shall so desire, but if such
household, after the passage Of the
, ordinance, be at any time leased
rented or occupied as residence,
place OF abode or place OF assembly
Tor colOrcd persons, then it shall
not thereafter be used for white per
sons, if such occupation would then
be Il violation Of Section Two there
of
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17

"Thc Fate Of the War God" an
original drama by Nine. NJ &c. Sat-
terfeld will be repeated at the True
Roformcrs Hall, Monday night, Mo-
Vember 10Th. Admission, ten cents
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
NOT SEGREGATION
BUT CONFISCATION

As we have seen, this Court has
held laws valid which separated tho
races on the basis Of equal accom-
ihodatons in public conyeyancos
ana courts of high authority have
he!d enactmcnts lawr's vlich nro-
VIDE for separation @ puhlic
schnn's nf' white 49,. .u.>. 81 ,,,;ajic,
where equal privileges are given.
But In view Of the rights secured
by the Fourteenth Amendment to
the Federal Constitution, such legis-
iatlon must have its limitations, and
cannot be sustained where the exer-
else OF authority exceeds the re-
straints of the Constitution. We
mink these limitations are exceeded
III laws and ordinances of the char
acter now before us.
IL Is the purpose of such enact
ments, and, it is frankly avowed It
VIII be their ultimate effect. to re-
quire. by law, at least In rcsidon-
tial districts the compulsory separa-
1ion OF the races on account of color.
Such action is said to be essential
20 the maintenance OF the purity of
inc races, although it is to be noted
III the ordinance under consideration
mat the employment Of colorcd ser
wants IN white families is permitted.
and nearby residences of colorcd per-
sons, not coming within the block
as defined in the ordinance. are not
prohibited.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
TIE CONCRETE QUESTION:

! The concrete question here is:
May the occupancy, and necessarily,
I'nc purchase and sale of property
lol which occupancy il an incident
loc inhibited by the States, or by one
lol It's municipalities, solely because
lof the color Of the proposed occu-
pant OF the premises? That one
may dispose Of his property, subject
Ioniy to the control of lawful enact.
|mcnts curtailing that right in the
pubic interest, must be conceded.
me question now presented makes
ut pertinent to enquire into the con-
|stitutional right of the white man to
sell his property to colored man,
having In Wow the legal status of
Itf.e' purchaser aid, ocUuplt7itt.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
VIOLATION A PUNISHABLE
OFFENSE.

The ordinance contains other sec
tons and violation Of its provisions
is made an offcnSo.
The assignments OF error in this
court attack the ordinance upon the
ground that ii violates the -Four
tccnth Amendment Of the Constitu-
ton Of the United States, in that it
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-
stitntonHi, rights iTivCiyes TUiiiy 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 di-
rcctly affected by the law or ordi-
nance in question. Only such per-
sons, it. 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.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
THE SUPREME LAW.

The Federal Constitution and
laws passed within its authority are
by the express terms of that instru-
Imont 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
1T includes the right to acquire, use
land dispose Of it. The Constitution
protects these ESSENTIAL attributes of
property. Holden V. Hardy, 1863 T..
IS. 3G6, 39l. Property consists of
the free use. enjoyment and disposal
lof persons acquisitions without
control or diminution save by the
law Of the land. Blackstonc's
Commentaries, tCoolcy's Ed 127.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
SCIENCE HALL

When the new ming hall is oc-
cupied tho former one wirl DO convert
cd into Science Hall and equipped
well rs Laboratory for physical
sciences. These improvements will
enable the institution to approximate
III Il very large degree it's ambition
respecting the work and it's general
advancement.
WOMEN'S EXECUTIVE BOARD
APPEALS.
Mrs. l.. w. Tyrrcll, chairman and
Mrs. Nj. II. II. Allen, Secretary.
with the other members of the Exc
cu1lVc Board OF the Womcn's Con-
Vcntion, have made an appeal to the
churches of Virginia, Pennsylvania,
New Jersey and New York to reaog-
nize Friday, November 23rd, as pan
try Supply Day" and on that day
give some cdiblcs for the institution
Each county in Virginia has been all
lotted some one article of food to SUD
ply. Some meas, some apples.
some sugar some lard, some potatoes
~ "r aid the rikc. Also each State
i: requested to give some one article.
All kinds OF food stufrs are called for
meal rice, beans, potatoes, cabbage.
turnips, fish. etc.
This IS worthy appeal made in a
strenuous time for worthy institu-
ton. In this effort Mrs Tyrrcll and
her workers have the full support and
cooperation OF the President Of the
institution. 1t is his earnest and
urgent desire that these worthy work
crs 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
DESTROYED THE RIGHT

IN" cilcct of the ordinance under
'ohSId"ra'lon was not merely to
Regulate business or the like, but
was 10 destroy the right OF the in
uNlonal TO acquire, enjoy and dis
pose OF ms property. Being Of this
charac'cr' IT was void as being OPP
posed TO the due process clouse nf
the Constitution"
nat there exists serious and
o''hcuit problem arising from Il feel
ing OF race hostility which the law
~ po"crlcSs to control. and to which
hi"S' give measure Of consider
n'loh' may be freely admitted. But
us Solltloh cannot be promoted by
urpri'lng cltizens of their constitu-
topal rights and privileges.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
OUTSIDE OF THE LIMITATIONS.

True it is that dominion over prop
crty sprnging from ownership Is not
absolute and unqualified. The dis
position and use of property may be
controlled in the exercise of the no
llcc power in the interest of the pub
nc health, convenience or welfare.
Harmful occupations may be con-
trollcd and regulated. legitimate
business may also be regulated in
the interest of the public. Certain
pieces Of property may be confined
to portions Of the municipality other
han the resident districts, such us
livery stables. brick-yards and the
Ike. because Of the impairment Of
nc health and comfort OF the occu-
pants Of ncighboring property. Many
might be given from the
decisions of this Court, and other
courts. Of this principle, but these
eases do not touch the one at bar.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
'r.'' ..-sa.rr'
Ihe Supreme
OuF't Decision
continual from Eirnt paaa,
Continued from FIRST PageD

chasing the above property for the
purpose of having erected thereon
y house which ! propose to make my
residence. and it is distinct part
Oh this agreement that l shall not
pc required to accept a deed to tho
above property or to pay for said
property unless | have the right, I'M
der the laws of the State of Ken
lucky, and the City of Louisville,
TO occupy said property as a resi-
dence.' This offer was accepted by
the plaintiff.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
COULD NOT OCCUPY 1T.

TIC the action for specific perform
'"cc the defendant by way of an
Swer set up the condition above set
forth. that he is a colorcd person.
and that on the block of which the
lot in controversy is a part, there
IRE ten residences. eight OF which
1t the time Of the making Of the
contract. were occupied by white
people, and only two Chose nearest
The lot in question: wore occupied
Dy coiored people, and that under
ana by virtue of the ordinance of the
city OF Louisville, approved May II.
l?ll, he would not be allowed to
occupy the lot as place OF resi-
dcncc.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
N VIOLATION OF CONSTITUTION

In reply to this answer the plain
III set up, among other things, that
nc ordinance was in conflict with
he Fourteenth Amendment to the
Constitution of the United States,
and hence no defense to the action
for specific performance Of the con-
tract.
In the court Of original jurisdic-
tlon in Kentucky, and in the Court
OF Appeals of that State. the case
was made to turn upon the consti-
'utlonal validity of the ordinance.
The Court Of Appeals of Kentucky,
! G5 Ky. $50, held the ordinance
valid and OF itself complete de-
Tense to the action.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
THE CASE UPON IT'S MERITS.

We pass then to consideration
OF the case upon it's merits. This
ordnance prevents the occupancy of
a lot in the City Of Louisville by a
person of color in a block where the
greater number OF residences are
occupied by white persons; where
such a majority exists. colorcd per-
sons are excluded. This Introduction
is based wholly upon color; simply
that and nothing more. In effect.
premises situated as arc those in
question in the so-called white
block are effectively dcbarrcd from
sale to persons OF color, because if
sold, they cannot be occupied by the
purchaser nor by him sold to another
Of tho same color.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17

cncc OF rights and immuniticS, prom
incnt among which is an immunity
from inequality of legal protection
either for life, liberty or property.
Any State action which denies this
immunity to Il colorcd man is in
conflict with the Constitution"
A VIRGINIA CASE.
Again this Court in Tx partc Vir-
ginia, 100 l.. S. 800. 3I7. speaking
of the Fourteenth Amendment, said:
"Whoevcr by virtue Of public posi-
ton under Il State Government, de
privcS another of property, life or
liberty. without due process of law
or denies or takes away the equal
protection Of the laws. violates the
constitutional inhibition: and as he
acts in tho name and for the State
and Is clothed with the States power,
his act Is that Of the state"
In giving Legislative aid to these
constitutional provisions, Congress
enacted in 1$GG, Chap. 81, Sec. |,
llth Stat. 81, that:
AN citizens Of the United States
shall have the same right in every
State and Territory as is enjoyed
by white citizens thereof. to inherit,
purchase, lease, sell. hold and con-
vey real and personal property"
SPECIFIC CITATIONS.
And in 1870, by Chap. ia, Sec,
16, 10th Stat. IA, that;
"All persons within the jurisdic-
ton OF The tt9stsdl States. snail have
the same right In every State and
Territory to make and enforce con-
tracts, to sue, be parties, give evil
dcncc, and to the full and equal
benefit of all laws and proceedings
for the security of persons and prop
erty as is enjoyed by white citizens,
and shall be subject to like punish
ment. pains, penalties, taxes. licenses
and exactions Of every kind, and no
other"
In the face Of these constitutional
and statutory provisions. can white
process Of law, the right to dispose
'
prohibiting the occupation Of it for
the sole reason that the purchaser
is a person OF color intending to oc-
cupy the premises as n place OF res
idcncc?
THE RIGHT TO PURCHASE.
The statute OF 1866. originally
nassed under the sanction Of the
Thirteenth Amendment. II Stat. OF,
and practically re-enacted after the
adoption Of the Fourteenth Amend
ment. 1G Stat. IA, expressly pro-
vidcd that all citizens of the United
States in any State shall have the
same right to purchase property as is
enjoyed by white citizens. Colorcd
persons are citizens of the United
States and have the right to pur-
chase property and enjoy and uso
the same without laws discriminate
ing against them solely on account
of color. Hall V. De CUR, % L.
s. 1875. sos. These cnactments did
not deal with the social rights of
men. but with those fundamental
rights in property which ii was in,
tended to secure upon the same
terms to citizens OF every race and
color. Civil Rights Cases, 100 u.
S. 8. %. The Fourteenth Amend
ment and these statutes enacted in
furtherance Of its purpose. operate
to qualify and entitlc a colorcd man
to acquire property without State
Legislation discriminating against
him solely because Of color.
NOT \ CASE IN POINT.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
ALL EQUAL BEFORE THE LAW.

what is this but declaring that
the laws in the States shall be the
same for the black rs for the white,
that all persons, whether colorcd or
white, shall stand equal before the
lawstof the States, and, in regard
to the colorcd race Cor whose pro-
lection the Amendment was prim-
arily dcsigncd) that no discrimina-
ton, shall be made against them be-
cause of th0ir color?
''Thc Fourteenth Amendment
makes no attempt to enumcrate the
rights it designs to protect. 1t
speaks in general terms and those
are as comprehensive as possible.
Its language is prohibitory; but
every prohibition implies the exist
cncc Of rights and immunitics, prom
incnt among which is an immunity
from inequality of legal protection
either for life, liberty or property.
Any State action which denies this
immunity to Il colorcd man is in
conflict with the Constitution
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
SOLD BY A WHITE MAN.

The property here involved was
sold by the plaintiff in error, a
white man, on the terms stated. to
cotored man; the action for spcci-
nc performance was entertained in
inc 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 it illegal for a 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 a conveyance Of the premises.
me right of the plaintiff in error
10 sell his property was directly in
volvcd and necessarily impaired be-
cansc 1T was held in effect that he
could not sell the lot to person Of
color who was willing and ready 10
acquire the property, ANA had obi
gated himself to take it, This case
does not come within the class
wherein this court has held that
where one seeks to avoid the en-
torccmcnt of law or ordinance, he
must present a 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 plaintin in error are directly and
necessarily involved. See Truax V.
Raich, 239 u. S. 33, SO.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
LIKE RICHMOND ORDINANCE

The title of the ordinance is: can
ordnance to prev cnt conflict and i'll
feeling between tho white and col
orcd races in the City of Louisville.
ma TO preserve the public peace and
promote the general welfare by MAX
ing reasonable provisions recurring
as far as practicable, the use of sep
aratc blocks for residences, places of
abode, and places of assembly by
white and colorcd people, respect
lively"
BY the first section OF the ordi-
nance it is made unlawful for anv
"olorcd person to move into and oc-
cupy as residence, place Of abode,
or to establish and maintain a place
Of public assembly any house upon
any block upon which greater
number of houses AFRO occupied as
residences, places Of abode. or places
or public assembly by white people
han arc occupied as residences,
places OF abode. or places of public
assembly by colorcd people.
A DISTINCTION WITHOUT A
DIFFERENCE.
Section 2 provides that it shall
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
lncnt, said:

at Uho Fourteenth AmcndmenD
was designed to assure to the colorcd
race the enjoyment Of all the civil
rights that under tho law are en-
joycd by white persons, and to give
to that race the protection of the
general government in that enjoy
mcnt, whenever it should be denied
by the States. 1t not only gave citi-
zcnship and privileges of citizenship
to persons of color, but 1t denied to
any state the power to withhold
from them the equal protection of
the laws, and authorized Congress
to enforce its provisions by appro-
pirate legislation. = 1t ordains
that no State shall make or enforce
any laws which may abridge the
privilege or immunitics of citizens of
the United States. 1t ordains
that no State shall deprive any per-
son of life. liberty or property with
out due process of law, or deny to
any person within its jurisdiction
the equal protection of the laws.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
NOT AMALGAMATION ISSUE.

The case presented does not deal
with an attempt to prohibit the
amalgamation OF the races. The
right which the ordinance annulled
was the civil right of white man
to dispose Of his property if he saw
III 10 DO so TO person of color, and
OF a colored person TO make such a
disposition to white person.
1t is urged that this proposed
segregation will promote the public
peace by preventing race conflict.
Desirable as this is, and important
as is the preservation Of the pub
Tic peace. this aim cannot be accom-
pliShcd by laws or ordinances which
deny rights created, or protected by
the Federal Constitution.
1t is said that such acquisition by
colorcd persons dcprcciate property
owned in the neighborhood of white
persons. But property may be ac-
quired by undesirable white neigh
hors or put to disagrccablc, though
lawful uses, with like results.
NOT IN POWER OF THE STATE.
We think this attempt to prevent
the alienation OF the property in
.unoStlon to 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
or the Constitution, preventing State
interference with property rights cX-
ccnt by due process of law. That
being The case the ordinance cannot
stand. Booth V. Illinois. 1874 u. s.
I23. l29; Otis V. Parker. 1877 u. S.
Cos, 600.
Reaching this conclusion it fol-
lows that the Judgment Of the Ken
tncky Court Of Appeals must be re-
Vcrsed, and the cause rcmandcd to
that Court for further proceedings
not inconsistent with this opinion.
Reversed.
A true copy
TcStc:
Clerk Supreme Court, u. s.