New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-09
VALUES IN JEOPARDY
Suit Against Widow May De-
termine Rights OF Owners.
CONTRACT WAS BROKEN
Counsel for Plaintiff Says Land
lords Can Restrict Property
Against Colored Tenancy.

A suit which may in its determination
settle the question whether or not the
new civil rights act of this state sets
aside all agreements that have been made
by property owners to prevent negroes
from living in certain sections of the
city was up before Justice Delany yes
terday.
This phase Of the color question was
raised in an action brought by Raphael
Greenbaum against Caroline Morlath, a
widow. for the enforcement OF a contract
entered into by Mrs Morlath in 1901
whereby she agreed not to rent any part
OF No. l25 West l37th stree, to any
negro. mulstto or octoroon' before or
until January !, 1911
The Importance of the question. from a
property owners point of view was indi-
Gated by the appearance before Justice
Delany Of J Blocker Miller, OF counsel
for the Harlem Property owners Pro
tective Association. John G. Taylor. the
we'll known real estate broker, Is presi-
dent of this association
H. A. & &. +. Heydt are counsel for Mr..
Greenbaum. Mr.. Miller argued that the
court could and should compel Mrs Nor
lath to live NJ 10 her agreement
When property owners in 18th street
between Seventh and LcnoX avenues saw
that the negro neighborhood around lS5th
street and LenoN avenue would travel
north and soon depreciate the value OF
real estate IN their street and make IL
undesirable for residences for white peo-
pie. they entered into this agreement
said Mr. Miller There Is no question
about this agreement-no question that IT
was made. But for some reason II now
pleases the defendant TO break the agree
ment and let i'm negro tenants. II she is
allowed by the court to break her agree
mont IL will mean the destruction Of that
block as a residence for white families
What has the other side TO say 10
this?" asked Justice Delany.
We admit that the agreement was
made" replied Henry Greenberg. NJ so
% Nassau street. counsel for Mrs.. Nor
Hath. but this defendant is a widow and
that house Is her only means OF sup
port
Never mind the widow plea eN-
claimed Justice Delany. Il am here TO
see that everybody gets justice. no matter
whether IL IS the case Of q poor widow
or a multi millionaire Even millionaire
is entitled TO some things. What have
you to say as to the merits OF the case
irrespective OF the sympathetic part ~
this defence
Well. your honor. replied counsel for
the defendant. since this agreement was
made the state Legislature has passed n
civil rights act which practically MULTI
fios the agreement The intent Of that
law Is clearly 10 make 1t impossible IN
this STATE 10 discriminate against the
negro race II Is one step more IN sup
port Of the United states Constitution.
whose Thirteenth and Fourteenth amend
ments had the same end IN vie" but
which did not seem 10 be sufficiently
specific for all cases.
Besides these constitutional questions
there IS another one which | think your
honor will take into consideration, ana
that Is that since these agreements 10
check the negro invasion in 1871 nearly
every house In that block has had one or
more negro tenants and u IS now inn
possible for Mrs Morlath 20 rent her
apartments except to negroes
That" said Mr. Miller. we emphet-
ically deny with singular unanimity
the owners I'm that block have kept their
agreements so that az the time that this
suit was begun there were but two houses
in the block which had any negro tenants,
including the house Of the defendant.
That is why We wish to compel her 20
take down her sign IN the window
The sign in question &, Is claimed. an
nounces that apartments arc "for rent 10
negro tenants
This Is most important question.
said Justice Delany. and as you gentle
men seem 70 be az variance with each
other as 20 matters OF fact, | viii give
YOU until Wednesday 10 submit aiiidavits
10 each other setting forth the facts I'm
the case and then YOU may each have
until next Friday in which 10 argue the
constitutional questions involved"
-e