The broad ax., 1926-12-11

/. Legal Lessons-Indiana Segrega-
ton Ordinance:
Judge Chamberlin, of the Marion
Circuit Court of Indiana, has quite
properly held that the so-called "Seg-
regation Ordinance" passed last
March by the Indianapolis Council,
forbidding colored people to live in a
white neighborhood, is unconstitu-
tional. Says the Judge: This case is
not and cannot be amenable to the
doctrine Of police regulation" for the
reason that it would prevent fee sim
pie holder from exercising the Consti-
tutional right of living upon his own
property without the consent of those
who held lesser estate than he, that
is, with respect to his own estate.
Thus, the indianapolis case differs
from the Curtis case, lately decided at
Washington, D. c., for the reason that
the former involves the right Of City
Council, representing tributary Of the
State, to exercise the doctrine Of po-
lice power-(the right of a State to
regulate public health, public morals
and public safety)-to attempt to abort
one of the guarantees of the U. S.
Constitution; whereas, the latter in
volved the right OF fee. simple coven-
antors to restrict Negroes from pur-
chasing and occupying properties in
restricted areas.
1t is a strange truth that progress
sive citizens do not take judicial notice
Of the fact that the mooted question
Of restricted covenants and deeds, with
regard to Negroes, came before the
New York courts many years ago; and
safely ended there, because of the fact
that in the case at bar in New York,
no constitutional questions were in
volved. The Indiana effort will un-
doubtedly be clothed in new garments
in further attempt upon the part OF
the whites to restrict the homecoming
march Of ambitious Negroes who are
seeking the solace Of full American
democracy.
In Washington there is lull in seq
regation decisions, because of the fact
that both sides are formulating new
legal foundations upon which to
offend and defend the whole gamut of
pro and anti-segregation. In the
meanwhile, there are a few simple
legal doctrines which are worthy of
memorization by colored property
seekers, whose backs are against the
wall; % State legislation and state
constitutions must be in accord with
the Federal Constitution; ~ Cove
nants that run with the land must bear
certain essential requirements before
they can become binding; (3) police
power has but little relationship to
property ownership, and practically
none, where color is involved; (4) A
fee simple estate, no matter how ac-
quired, in the hands of a bona fide
American citizen, is one of the most
valuable virtues that can be held and
protected.
2. American Citizenship Foundation:
Sounding as its policy the pledge to
make better American citizens" and
that in doing 50 it will recognize no
class, no color, no creed" the Ameri-
can Citizenship Foundation of 646
Michigan Boulevard, North, Chicago,
ILL.,, has come out into the open forum
of AUGMENTATION with what appears
to be an honest-to-goodness program
for making the America of tomorrow
better than the America Of today. In
its official organ, "The American Cit
izen" for the current month, the Foun-
dation, after publishing the picture Of
dear little colored kiddie in one Of its
principal plates, sets forth platform
which in no uncertain way gives prom
Use of civic salvation to those unfor-
Inmates in America for whom Abra-
ham Lincoln created new day.
The American Citizenship Founda-
ton promises to advocate ''the equal
rights of all to life, liberty and happi-
ness; to morality. and education" 1t
states that the purposes Of its foun-
ders are to stimulate, NOT TO DE-
PRESS; to insure liberty, NOT TO
ENSLAVE; to guarantee to every
citizen full measure Of justice, NOT
TO PROSECUTE; to inaugurate and
perpetuate a political system derived
from a government by a majority of
the people, NOT A GOVERNMENT
OF THE PEOPLE BY A PoLITI-
CAL MINORITY; to give to the