Evening star., 1951-07-24
Segregation Law
Backed by
Commissioners
City Heads Indorse
West Postponement
Pending Court Ruling

The Commissioners today stood
behind Corporation Counsel Ver-
non E. West in his decision to hold
up additional prosecutions under
the antl-segregation law of 1878
pending its final outcome in the
courts.
Mr.. West was criticized by mem.
bers of the Co-ordinating Commits
tee for the Enforcement of the
District Anti-Discrimination Laws
|at a meeting with the city heads
today.
At the close of the session, Com
missioner F. Joseph Donohue de-
clared it was unfair to criticize
Mr.. West in view of the fact that
he initiated the original complaint
which led tc the Municipal Court
of Appeals decision affirming the
validity of the so called "lost"
statute.
Penalty Recalled.
II think the corporation coun-
sci was correct" Mr.. Donohue
said. land ! thoroughly agree with
him that pending a final deter
mination of the validity Of this
statute, we ought not to engage
in an endless chain of prosecu-
tions which might jam the court
calendars to no avail"
Mr.. West reminded the Com
missioners that the penalty end
of the statute carried years sus-
Ipensioh of a restaurants license.
lit is estimated there are some
1900 restaurants here.
Mr.. Donohue went on to say it
would be a great burden on the
court to institute multiple prose-
cutions. He declared there was
la serious constitutional question
involved which ultimately must
be passed on by the United States
Court of Appeals and the SUI
ipreme Court.
Notes Split of Court.
Mr.. Donohue noted that the
law was passed by the old legisla-
I tive assembly which was in power
in the 9870s. It does not appear
in the District code of 1901 nor
lin the revisions of the code since.
The Municipal Court of Appeals,
; he added, split 2 to / on the ques-
ton of whether the statute was
valid when passed and whether
it's validity continues.
Speaking for himself, Mr.. Dom
ohue said that if the statute is
sustained in the end. "I'l be the
first member of the Board Of
t Commissioners to move that the
; statute be enforced with every
facility at the command OF the
i District"
t Commissioner John Russell
Young and Assistant Engineer
= Commissioner Thomas j. Hayes.
r III. joined in supporting Mr.. West.
S Statements Requested.
Mrs. Mary Church Terrell.
chairman of the co-ordinating
i group, had asked the Commits
sioners to announce:
/. Their intention to end dis
: elimination in the District by
s, every legal means within their
power.
!, 2. That the 1873 statute is now
low in the District and in full
: force and effect.
3. That any restaurant refus-
ing to serve any well-behaved per-
D son violates the law and is SUBJ
ject to a $100 fine and a license
; revocation.
:, 4. That all complaints of viola
ton of the law will be vigorously
prosecuted.
I'VE know of no other instance
) where a public official has refused
to enforce law simply because
: some one has challenged it in
y court, event though the court has
rejected that challenge" Mrs.
Terrell said.
"The action is as inexcusable as
: if the Commissioners made pub
:. lie announcement that they would
6 cease collecting taxes because some
d one challenged the validity Of the
: tax laws" she added.