159 S.W.2d 764 | Ark. | 1942
This is an appeal from the decree of the court refusing to enjoin the Housing Authority of the city of Fort Smith from proceeding under the provisions of act 298 of 1937, Pope's Digest, 10059-10088, commonly referred to as "Housing Authorities Act," to condemn their property for the purpose of erecting a housing project for white people, from which they will be excluded. Appellants, plaintiffs below, are negroes, citizens and residents of Fort Smith and of the territory sought to be condemned for said purpose, and they contended below and contend here that said statute, and the acts of appellees thereunder, violated their constitutional rights under the Fourteenth Amendment and under federal laws and the state constitution. The court overruled a demurrer to the complaint and appellees answered with a general denial. Trial resulted in the decree aforesaid, which dismissed the complaint for want of equity.
It is, of course, recognized that this court overruled an attack on the constitutionality of said act in the recent case of Hogue v. Housing Authority of North Little Rock,
We held in the Hogue case, supra, that (to quote a headnote): "Since the Housing Authorities Act (Pope's Dig., 10059 to 10088) establishes a public agency for a public purpose, the fact that it conferred on the agency the power to exercise the right of eminent domain does not render it unconstitutional." We do not understand appellants to contend that their property is to be taken, appropriated or condemned for this public purpose without just compensation. If so, they are mistaken, as it could not be done, in the first place, and, in the second, it is not the purpose of appellees to attempt it. The "equal rights" and "equal protection" clauses of the 14th Amendment to the constitution of the United States, and the Acts of Congress enacted pursuant thereto have not been invaded either by said act 298 or by the construction given it by appellees, and the cases cited by appellants are not in point, such as Buchanan v. Warley,
In Brammer, et al., v. Housing Authority of Birmingham Dist., et al.,
Here there is no allegation that the action of the Authority was arbitrary, capricious or fraudulent, and, as we have shown, there was no discrimination against appellants on account of their race, either now or impending, so the decree must be and is affirmed.