Evening star., 1950-04-01
Judge Considers
Decision in Cafe
Segregation Suit
Thompson's Attorney
Says EorIy Assembly
Locked Authority
By Wallace E., Cloyton

tooay NaQ unQer conSlderaLion a
test case brought to determine the
validity Of antiseeregation laws
passed by the short-hved District
Legislative Assembly In 1874 and
1873.
Judge Myers set no date for an
nouncement of his decision when
he recessed court yesterday. after
listening to two and a half hours
Of argument on whether
Thompson's Restaurant manager
violated District law by refusing
to serve three colored persons.
More than 200 persons. most OF
them colored. crowded into every
seat and lined the walls Of the
courtroom during the hearing to
determine whether the restaurant
chain is liable to a fine of 500
and forfeiture of its license to do
business for one year at the loca-
ton where the alleged offense
occurred.
Contends Laws Invalid.
Ringgold Hart. chief attorney
for the restaurant company, con-
tended the so-called lost" anti
segregation laws are invalid be-
cause:
l. The Legislative Assembly had
no congressional authority to pass
such laws. which he contends were
Legislation" and not merely po-
lice regulations having to do with
public safety. health or morals.
2. The laws have been repealed
by' subsequent legislation, or by
implication.
3. The statutes are obsolete by
reason of disuse.
Reading from a 32-page brief,
Mr.. Hart charged the laws requir-
ing service to all respectable per-
sons. regardless of color or race.
are an attempt to interfere with
property rights of restaurant pro-
prietors under the guise of civil
rights"
Prosecutor States Case.
Assistant Corporation Counsel
Clark F. King. chief District
prosecutor at Municipal Court.
said the whole question is whether
the statutes are a proper exercise
OF police power. If so. he said.
the laws still are in effect, since
1901 revision Of the District Code
repealed all measures passed py
the Legislative Assembly. except
police regulations. He cited cases
which, he said, upheld the theory
that laws do not lose their VAL
idity because they are not tested.
In regard to Mr.. Hart's conten-
ton that the laws are "unreason-
able" Mr.. King said:
rs 1t unreasonable to serve
colored people? Or is it unrea-
sonable for persons in this court
room to have TO walk to U street
or Union Station to eat?
Can any religious person say
these laws are unreasonable" Mr..
King continued. THE very concept
Of Christianity. the very concept
OF the Constitution, Is based on
lack of discrimination.
These laws were passed after
the Civil War in furtherance Of
the aims Of the war" he said. 1T
seems to me we've been pretty
slow in carrying them out"
Says Bias Recognized.
Mr.. Hart protested that Con-
gress recognized segregation in
the District by taking no action
against segregated schools or
Fairgrounds here.
Mr.. Hart further argued-and
Mr.. King disagreed-that, even
II the laws were still in effect.
the provision calling for revoca-
ton Of a restaurant owners IL
cense was imperative.
The defense attorney main
tanned the Municipal Court, as
set up by Congress, could only
evy fines or order Imprisonment.
Quizzed Closely on Point.
Judge Myers questioned Mr..
King closely on this point.
The prosecutor maintained,
however, that the forfeiture would
follow the same process as that in
effect when a man is found guilty
If drunken driving. In that pro-
,edure. the Department OF We
1icles and Traffic is notified of q
guilty verdict, and the license is
evoked by that agency.
Mr.. King said it would be in q
Court judges jurisdic-
lion to initiate this penalty, since
,he disputed statute calls for po-
ice court action against violators.
1872 Cases Cited.
In the stipulation, however, he
pointed out that both parties
agreed there had been four pre-
1ious prosecutions Of restaurant
under the law. All had
been prosecuted in 1872, and all
1ad been convicted He said these
had been reversed by
/ higher court or dismissed.
Mr.. Hart brought out that no
official records had been kept of
the prosecutions. but that the ac-
lions had been verified in the files
of the 1872 editions of The Star.
At the end of the hearing,
attorneys representing several
groups opposed to segregation re-
ceived Judge Myers permission to
flle briefs as friends of the
court"
They included: The Washington
Chapter Of Unitarian Fellowship
for Social Justice. the Washington
Bar Association, the Friends
Meetings Of Washington. the Dis
VII Nh - 49, l.