The McDowell times. [volume] (Keystone, W. Va.) 1904-1941, 1938-11-11
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BY Etsrt T. Mitchell

| is neither q corporation nor q
partnership but is what is known
in the law as voluntary
association"
| Paymentse to the leader of a
voluntary religious association
who promisN to hold money or
perperty< ins d heavenly treasure,
representing that banks were
unsafe, land undertaking to re-
turn upSsf demand, and promis-
ing to support and maintain the
giver in q heaven for life, were
not gifts" Brown VS. Father
Divine, 298 N. Y. GAP. Bou-
vier's law dictionary 49,. gifts, a
voluntary immediate and absolu-
te transfer of property without
consideration.
Equality of treatment of white
and colored races under protec-
ton (equaD Of the Constittion
does not reqire that privileges
be provided members of such
races in same place, bu a state
may chose method by which
Equality is maintained.
Negro student held entitled to
admission to law school of state
university (Maryland) where at
that time state could not furnish
equal facilities for legal training
for colored students in no other
way. ......
Court of Civil Appeals of Tex
as, Austin, June Is 1913. We
, see no reason why a sheriff
should feel Inundated by be-
ing compelled to ride in the
Negro coach with his prisoner,
when the same was necessary in
the discharge of his legal duties.
There are many disreputable
places in which man who
claims to be respectable would
feel Inundated, If found there
in, except in the discharge of
duty, and yet no sheriff would
resitate to enter such places
when necessary to discharge his
dutis. 1853 S. w. 1915.
| Liability to white person rid
ling in Colored car 1875 S. w. IA
1t is an act of actionable wrong
for a railroad company to dis.
regard the statute requiring
sepaate cars for white and cooIr.
persons, and require a white
person to ride in a colored car
But if the passenger voluntarily
rides in such car, rather than
risk getting a seat in another
one, she can recover nothing on
account of so riding.
/ want my readers to read
very carefully a part of Chief
Justice Taney's opinion on the
bred Scott decision. Have you
miscontrued the phraseology
"In the opinion of the court,
the legislation and histories OF
the times land the language USED
in the Declaration of Independ
ence, show, that neither the
class of persons who had beer
imported as slaves, nor their de
scendants, whether they hat
become free or not, were THEN
acknowledged as part of thu
people, nor intended to be includ
ed in the general words used il
memorable instrument.
1t is difficult at THIS day tC
realize the state of public opinion
in relation to that unfortunate
race, which prevailed in thu
civilized and enlightened por
tions of the world AT THE TIME
OF the Declaration of Indepen
, renee, and when the Constitu
ton of the y. S. was framed ant
adopted. But the public histor,
OF every European nation dis
plays it in a manner too plail
to be mistaken. They had TO
more than a century before re
garded as being Of an inferio
order, and altogether unfit TO
to associate with the white race
either in social or political re
ations; and so far inferor, tina
they had no rights which tn
white man was bound to res
tpect; and that the Negro nigh
Justly and lawfully be reduce,
to slavery for his benefit. H
was bought and sold, and treat
ed as ordinary article of mer
chandise and traffic, wheneve
pofit could be made. This opin
ion was at THAT time fixed an,
UNIVERSAL in tho ciyilized nortio1