The Dayton forum. [volume] (Dayton, Ohio) 1913-1949, 1938-11-18
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By Hobart r. Mitchell


ther corporation nor q partner
ship but is what is known In the
law as voluntary association
Payments to leader Of voluntary
religious association who promised
to hold money or property IN q
heavenly treasure, representing that
banks were unsafe, and undertak-
ing to return upon demand, and
promising to support and maintain
the giver in heaven for life, were
not gifts Brown VS.. Father Di-
vine, 298 N. Y. 642. Bouvier's Law
Dicsiotlary--4Gifts A voluntary
immediate and absolute transfer OF
property without consideration.
Equality of treatment Of white
and colored races under equal pro-
lection clause Of Constitution does
not require that privileges be pro-
yided members Of such races in
same place, but state may choose
method by which equality is main
tained.
Negro student held entitled to adj
mission to law school Of state uni
versity tMarylandl where at that
time state could not furnish eaual
facilities for legal training for col
ored students in no other way.
Court of Civil Appeals Of Texas
Austin, June 18, 1913.
We can see no reason why
sheriff should feel Inundated by
being compelled to ride in the Ne,
gro coach with his prisoner, wher
the same was necessary in the DIS
charge of his legal duties. There
are many disreputable places II
which man who claims to be re
srectable would feel mortified ane
humiliated, il found therein, excep
in the discharge of duty, and yet nc
sheriff would hesitate to enter sucf
places when necessary to discharge
his duties. 1853 s. w. 1045,
Liability to white person riding
in Colored car. 126 S. w. LA
1t IS an actionable wrong for
railroad company to disregard ths
statute requiring separate cars 10
white and colored persons, and re
auire d white person to ride IN
colored car. But if the passengel
voluntarily rides in such car, ra
ther than risk getting seat IN an
other one, she can recover nothing
on account Of SO riding.
want my million readers to reac
very carefully part of Chief JUS
tice Taney's opinion on the Dret
Scott decision,
Have you misconstrued I h
phraseology?
I'm the opinion of the court, the
legislation and histories of tht
times, and the language used IN the
Declaration of Independence, show
that neither the class of persons
who had been imported as slaves
nor their descendants, whether they
had become free or not, were Then
acknowledged as part of the peo
pie, nor intended to be Included u
the general words used in that men
orable instrument.
It is difficult at THIS day e
realize the state of public oplnoi
in relation to that, unfortunate
race, which prevailed in the civil
zed and enlightened portions Of tn
world AT THE TIME of the Dec
laration of independence, and whel
the Constitution of the u. s. wa
framed and adopted. But the pub
lie history Of every European ma
ton displays it in a manner to-
plain to be mistaken.
They had for more than cen
tury before been regarded as be
ings of an inferior order, and al
together unfit to associate with tn
white race, either in social or pc
litical relations; and 50 far inferior
that they had no rights which tn
white man was bound to respect
and that the Negro might justl
and lawfully be reduced TO SLAYER
for his benefit. He was bought an
sold, ard treated as ordinary art
Gle of merchandise and traffi'
whenever a profit could be mad
This opinion was at THAT tim
fixed and universal in the civilize
portion Of the white races