Hide Article Text (OCR)
JUDGE SKENK ON PROPERTY RIGHTSCalifornia Jurist Defeats the Color Line Plotters.616 VICTORY FOR W.O. TYLERCat* of a Truat Company Against H. L. Garrott Faila on Convincing Argument of Rising Young Los Angelea Attorney—Decision Is of Farreaching Importance to the Colored Race.By CHARLES ALEXANDER.Los Angeles.—A distinguished and Important service has been rendered the colored people of the United States by the Hon. John W. Shenk of the superior court of Los Angeles county, Cal. The uinn responsible for this service Is Attorney Willis O. Tyler, a Harvard graduate and an expert on law cases involving property rights. Mr. Tyler won a great victory when he convinced Judge Shenk that his contention in the case of Title Guarantee and Trust company versus H. L. Garrott was correct. Mr. Tyler’s forcible argument, his keen analysis of his opponent’s briefs, his ample show of research In old English common law and decisions of courts throughout theATTORNEY W. O. TYLHB. .United States, were convincing. Judge Shenk gave this case the closest attention and reviewed the briefs with great care.The court’s decision will vitally affect thousands of real estate transactions throughout California, for It is the common practice of real estate dealers to insert in deeds restrictive clauses with a view to excluding certain classes of citizens. The property In question was conveyed by the Title Guarantee and Trust company to Paulino Kosanofska, by her to' II. n. Wlg-ger, and the latter conveyed the property to H. L. Garrott, a colored man. A provision Incorporated In the deed was as follows: “Neither the said party of the second part nor her heirs or assigns shall or will • • • sell any portion of said premises to any person of African, Chinese or Japanese descent.”The guarantee company contended that the transfer to Garrott was in violation of the condition of the deed and worked a forfeiture. Suit was brought to secure the reconveyance of the property. Restraint on discrimination In violation of the constitutional rights of citizens “regardless of race, color,” etc., rather than property restrictions was the point pressed by the defendant’s lawyer.Mr. Tyler was bom five miles from the city of RIoonilngton, Ind., July 19, 1880. ne was educated at the Indiana State university. While in this institution he was a member of the Indlana-Ullnols debating team and Indiana-Earlham debating team and was the winner of the state oratorical contest In 1901. lie also represented Indiana university at the interstate oratorical contest at Ies Moines, la., In 1901, when ten middle western states were represented, and was president of all the college debating societies In In dlana. He was peace pipe orator and class day committeeman and won a $500 gold prize for the best forensic argument on the “Solution of the Phil ipplnes Problem.” He later graduated from the Harvard law school, where the old English Ideas of common law principles only are tatight.Mr. Tyler has earned his own waj up to his present conspicuous position In the legal profession by liis In heron* will power. He started out on his owi responsibility at the ago of nine year.-and he has followed even the humbles, occupations, doing wliat he could find to do In order that he might make his way through schooL He has been in California for five years and duringthat time has handled some of the most important property litigations. He settled the Jones estate, valued at $100,000, with four or five conflicting interests, without litigation. At one time he was associated in the practice of law with R. F. Mosely of Chicago.The Hon. John W. Shenk, judge of department six of the superior court ofLos Angeles county, handed down anopinion in the case of the Title Guarantee and Trust company versus H. L. Garrott in April, which is considered the most Important ruling ever made by a Judge in California, so far as the Interest of colored people in matters of their right to acquire and possess property is concerned.H. L. Garrott, the efficient and popular police officer, purchased a home In the Angel us Park tract in December, 1915, and was unable to occupy it because of a temporary restraining order granted by the superior court at the time said suit was filed to consummate a forfeiture of the title and a reconveyance to the Title Guarantee and Trust company, which entered suit against Mr. Garrott. Attorney Willis O. Tyler, Mr. Garrott’s attorney, filed a demurrer to the complaint, and the same has been sustained without leave to amend.Judge Shenk handed down a written opinion. He reviewed the contentions of plaintifT and defendant in a most scholarly and exhaustive manner. He not only found the law to he against the contention of the title company, which had inserted a clause in the deed to the lot when they sold the same to the mense grantor of defendant, Garrott, to the effect that it was not to be leased or sold to any person of African, Chinese or Japanese descent for a period of fifteen years. But he had the courage to express the law in his opinion in terms clear and unmistakable.We quote from the court’s opinion:“The sole quest Ion presented is this: Is the clause In the plaintiff’s deed void as an unlawful restriction on alienation and an unlawful discrimination or may it be deemed a reasonable restraint on alienation and therefore valid? The condition imposed by the grantor in the deed In question is repugnant to the interest created for the reason that it imposes upon the grantee a limitation on his right to sell towhomsoever he chooses and impressesthe estate witli a burden not otherwise borne. And there is no possibility of a reverter, because the grantor parted with the fee simple estate, provided for reversion, and if the restraint were otherwise? valid his remedy would be on the breach of the condition.“In addition to the foregoing, It may be said that other legal questions are here presented affecting the validity of said restrictive clause, not as a restraint on alienation, but as an unlawful discrimination against and as denying equal protection of the laws to certain classes of citizens.“Section 1 of article 1 of our state constitution provides as follows: ‘All men are by nature free and independent and have certain inalienable rights, among which are those of acquiring possession and protecting property/“Section 21 of article 1 provides that ‘no citizen or class of citizens shall be granted privileges or immunities which upon the Ha mo terms shall not be granted to all citizens/“It appears herein that the defendant is a citizen of the state of California and of the United States. As a citizen he is entitled ‘to acquire property’ under the state constitution and to ‘the equal protection of the laws’ under the federal constitution.“It Is therefore concluded that the clause In the deed in question is not only contrary to the general policy of the law and contrary to the express provisions of section 711 of the civic code, and as such is an unlawful restraint on alienation, but also is unenforceable in the courts under the stateand federal constitutions.“The demurrer Is sustained, without leave to amend, and Injunction is denied, and the temporary restraining order heretofore issued is dissolved.”MUSIC WRITING CONTEST.Women’s Clubs Offer Two Prizes For Beet Folk Mueio Composition.The National Association of Colored Women’s Clubs offered, through its music department, at the Wilberforce meeting two prizes of $25 each for the best instrumental composition based u[on Negro folk music and the best vocal composition. Of course, the prizes will be given only to women. Three colored musicians will serve as Judges. The contest will close on July L. All compositions should reach Mrs. W. T. B. Williams, Hampton institute. Virginia, by July 1.The prizes were offered by the National Association of Colored Women’s Clubs because of the favorable impression which was made by II. Nathaniel Dett, director of the Hampton Choral union and of vocal music at Hampton institute, who was sent to the Wtlber-force meeting by the Treble Clef club of Hampton, Va.ScSMOKE THE RELIABLESIGHT DRAFT CIGARSc
Newspaper Details
The Twin City Star
Minneapolis, Minnesota, US
Sat, May 20, 1916
Page 1
Full Page
Clipped by
Carole M.
USA 14 Dec 2022
Other Publications Near Minneapolis, Minnesota
Minneapolis journal
The Irish Standard
Minneapolis Echo de Louest
Minneapolis American Jewish world
Minneapolis Tidende
