Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-01-08
AREA RESTRICTION
INTESTINAL TEST
Supreme Court to Decide L.
gaIity Of Barring Sale
to Negro.

The whole question: of the right Of
property owners to sign legal agree
ments intended to restrict sale Of their
property will be at issue in the United
States Supreme Court this afternoon,
when the case of Irene Hand Corrigan
and Helen Curtis. the latter colored.
against John J. Buckley, an owner of
property in one of the severely re-
stricted sections OF northwest Wash
ington, Is called.
The suit revolves around the at
tempted sale by Mrs. Corrigan, herself
a resident Of an exclusive northwest
neighborhood, OF her houee ct 1927 S
street to the colored woman in the
face of an agreement she signed, TO-
gether with % other property owners
in the same neighborhood. providing
that no part of the land shall
ever be used or occupied by or sold.
conveyed. leased, rented or given 20
negroes or persons OF the negro Tnce
or blood"
Agreement Upheld.
The covenant signed on June l.
1921. was to run for q years. and
down through the District courts In
functions were granted, restraining
Mrs. corrigan from transferring the
property to the colored family. Finel'V
reaching the Court Of Appeals. the
decision OF the District Supreme Court
was upheld and Mrs. Corrigan was
bound TO the signed agreement. Sup
ported by negro organizations, how
ever the suit has now been appealed
TO the United States Supreme Court
and Will be heard this afternoon. ,
This case is attracting the attention
OF the entire country. Although II APP
plies directly only TO the District OF
Columbia. should the Supreme Court
decide that such agreements among
property owners are not enforceable Al
law the precedent would undoubtedly
ne used to overt brow statutes in va
rious parts Of the United States whore
racial segregation Is definitely in force.
II Mrs. Corrigan and Helen Curtis
~in their final appeal and the iniunc-
ton, of the lower court IS dismissed,
attorneys hold that the result WILL he
the definite abrogation Of agreements
generally whereby property owners
have combined not only To restrict
their neighborhoods as to race. but
also. as TO the quality of homes that
may later be erected in their imTne-
diate viCinities.
For instance, Il IS said, IN those sec
tions of Chevy Chase where only
homes meeting a prescribed and eX-
ceptionaIlv high standard may now be
built any person could come along
and build a Sc 900 bungalow. or even
less expensive dwelling, If the
Supreme Court should sustain the ap-
peal of the appellants. Hence, law
yers say. the present case Is one OF
tremendous Importance to property
owners everywhere.
Question at Issue.
The sole question at issue they de-
clare is this: Can property owners
sign restrictive agreements OF the
charac ter described 2 nd enforce them
In courts of law. Mrs. Corrigan and
Helen Curtis believe they cannot.
Mr. Buckley and the other properly
owners who attached their signatures
to the covenant in question. as con
fidently say they can, and the whole
dispute will probably be settled once
and for all time in the United States
Supreme Court.
James s. Easily Smith, David 4.
Pine and Francis w Hill, jr., are at
torneys for the property owners,
while James A. Cobb, Henry f. Davis.
William Fl Lewis and James +.
Schick are representing Mrs. Corrigan
and Helen Curtis. The suit for dis
missal of the injunction Is receiving
the unlimited support of the National
Association for the Advancement Of
Colored People, which see in such
agreements only a barricade against
the negro race.