Evening star., 1950-02-22

three quarter of century ole
Legislative Assembly act involving
the question of segregation ir
local eating places. The associa-
ton recommends that each eating
place continue its past practice
until a court of contempt juris-
diction declares it to be in viola
ton of the law"
The association, Mr.. Wilson
stated, represents about IS pei
cent of the restaurants in the city
Whether there has been an i'm
piled repeal of these acts can be
argued either way" the Commits
sioners' announcements said.
The city heads said they felt a
decision by them "as to the pres
ent effectiveness of these acts
would be inconclusive because it
is matter which ultimately must
be decided by the courts"
The Commissioners announced
they would prosecute a test case,
after putting the restaurants on
notice of Mr.. Vests finding, be-
fore taking action against any
other eating places.
Mr.. West said he thought the
city might be ready to act tomor-
row.
The acts make no mention OF
theaters, Mr.. West said.
Penalty for violation of the act
is $100 fine and forfeiture OF
the guilty persons license.
The city heads said they had
instructed Mr.. West to prosecute
the next complaint of violation o1
this statute, and that prosecution
of other complaints will be helc
up pending a final judicial de-
cision of the present status of the
acts in question.
Besides the fact that the acts
relics of the reconstruction days
during the Grant administration
have fallen into disuse, no rea
legislative history seems to have
been kept in the Assembly, Mr.
West commented.
One big notwithstanding tht
1873 act is still valid-is whether
the later act superseded the 1877:
act.
One Law Included Hotels.
The 1872 law prohibited res.
taurants, hotels, ice-eream parlors
barber shops and bathing house!
from refusing to sell to or wal
upon" any one. for reasons o.
race. color or previous condition
of servitude."
If the 1873 act did supersede tht
earlier one, did it wipe it ou
entirely or only where it con.
f1icted with the later act?. In the
latter case, hotels, barber shop
;. and bathing houses also could no
practice discrimination.
If only the 1873 act is in effect
there is question as to whethe
hotel restaurants are affected
since they are not speciflcall.
licensed as such, but are included
under the hotel license. There is
in addition, Class c liquor licens
for hotels.
Both acts were listed in tn
compiled statutes of the District
published in 1894, containing law
enacted through 1889; but tn
compilation was not enacted int,
law by Congress.
The District Code of 1901 wa
the last one enacted into law
That code repealed all but certain
actions of the Legislative AS
sembly. It is not certain whethe
the "anti-discrimination" act
were among those excepted.
Also, it seems, the 1901 Cod
did not undertake to include al
of the laws of the District, &C
cording to the city's legal re
search.
The Codes of 1929 and 1910 d.
not include the acts, but thes
codes were never enacted by law
Attention was focused on tn
"lost laws" by the report of tn
National Committee on Segrega
ton in the Nations Capital. Tn
committee speculated on whethe
they still were in effect.
Meanwhile, the Co-ordinatin
Committee for the Enforcement o
the District Anti-Discriminatiol
Laws hailed the Commissioner
decision to enforce the laws"