Evening star., 1945-01-30
'An-White' Covenant
Upheld as Mixed Case
Decision Is Reversed

In decisions handed down yester-
day. the United States Court OF
Appeals in one instance upheld and
in another reversed rulings of the
District Court on the validity OF
sales of real estate in white neigh
: borhoods to colored persons.
The Federal Court affirmed the
District Courts action in declaring
void sale of home to a colored
woman and gave her go days to
vacate the property. Objection to
the sale was filed by white residents
of three homes in the 22O0 block of
First street NV.
In the second case, the Appeals
Court reversed the District Court s
decision voiding the sale of property
at 101 U street NV. to the Gospel
Spreading Association, Inc, headed
by Elder Soloman Lightfoot
Michaux.
Ruling on Second Case.
Ruling on the latter case, Chief
Justice D. Lawrence Groner said
that since the covenant prescribed
neither owning, leasing or convey
ing, 1t was, we think, error to have
en1oined against sale to a person
of the colored race"
Justice Groner pointed out that
in the first case the neighborhood
was almost entirely white whereas
in the second the vicinity already
contained number of colored resi-
dents.
In affirming the one case, Justice
Groner declared:
That the broad social problem.
OF which the question in the instant
case is but one aspect, is both seri-
GUS and acute. no thoughtful per-
son will deny. That its right solu-
ton in the general public interest
calls for the best craftsmanship in
the highest patriotism is equally
true.
But it is just as true that up to
the present no law or public policy
has been contrived or declared
whereby to eradicate social or racial
distinction in the private affairs of
individuals. And it should now be
apparent that if ever the two races
are to meet upon mutually salts
factory ground, it cannot be through
legal coercion or through the intimi-
dation of factions or the violence
of partisans, but must be the result
of a mutual appreciation of each
others problems, and a voluntary
consent of individuals, and it is to
this end that the wisest and best of
each race should set their course"
Opinion on Covenant.
In the opinion affirming the Dis
trict Court decision, upholding the
covenant, Justice Groner also de-
clared
LAS stated before, rights created
by covenants such as these have
been so consistently enforced by us
as to become rule of property and
within the accepted public policy
of the District of Columbia.
In a brief concurring opinion in
the case affirmed, Justice Justin
Miller said: ''If judicial reinterpre-
tatlon of the law is now in order,
it is the function of the Supreme
Court, as the highest court of the
District of Columbia, so to ad-
wise us.
In the case reversed. Justice Gro
ner. besides pointing to the differ
ence in the language in the cove
nant upheld, said the property on
which the U street property fronts
is a wholly colored neighborhood
except for the lot Immediately op-
posite.' Constant penetration of
the neighborhood by colored people
and breach and abandonment of
the covenant has frustrated" the
covenant, Justice Groner said in
effect.
In dissenting opinion regarding
the covenant affirmed, Justice Ed
gerton said:
Since restrictive contracts and
covenants are among the factors
which limit the supply of housing
for Negroes and thereby increase its
price, it cannot be sound policy to
enforce them today. In order to
work. people must live within reach
of their work, and in order to work
effectively they must live in some
degree of comfort. Requiring
Negroes to live according to their
common color instead of their in
dividual capacities hampers the
war effort by interfering with their
employment"