Evening star., 1947-12-07
CovenantDebate
|sPostponedby
Supreme Court

Murphy's Illness
Is Reason for Delay
In Race Issue Cases
The Supreme Court yesterday
postponed until next month oral
arguments that had been scheduled
for Thursday and Friday In four
cases involving racial restrictive
property covenants In the District,
st. Louis and Detroit.
Illness Of Associate Justice Frank
Murphy was the principal reason
for the postponement, court at
taches explained. He has been in
Georgetown Hospital since Friday
recovering from a slight attack Of
influenza, his Office reported.
Interest in the covenant cases
meanwhile continued to increase
from an international and national
standpoint as well as in Washington.
The two District cases relate to
property in the 100 block of Bryant
street NV. They reached the Su-
preme Court on appeal from de-
cisions by District Court and the
Court of Appeals upholding a 1906
covenant against the transfer Of the
lots to colored people.
Organizations File Briefs.
The basic issues in the District
cases as we'll as in the two Others
brought to the high court on appeal
from the Supreme Courts of Mich
igan and Missouri are whether such
covenants are constitutional and
legally enforceable by court in
junction.
Although several cases of this kind
have been before the Supreme Court
within the last 25 years, attorneys
say the court has never ruled on
the fundamental questions pre-
sented In the pending proceedings.
In addition to the main briefs
filed by the both sides in these cases,
more than 20 organizations. agencies
or groups have submitted friend of
the court" briefs. Most of these ask
that covenants be outlawed.
State Department Embarrassed.
Attorney General Clark and So
licitor General Philip B. Perlman
introduced the Justice Departments
brief last Friday as friends of the
court" because of the Governments
concern over 'fts esponsibilities for
v@~nfnottNyo Nf loY Yonnfo1 civil
rights"
Agreements between private prop
erty owners to keep Negroes and
other minority groups out Of resi-
dental neighborhoods violate the
Constitution, are discriminatory, and
create an artificial quarantine, :"
they stated.
Accompanying the brief were
letters received by the Attorney
General from the Federal Housing
and Home Finance Agency, Public
Health Service and the State De-
partment mentioning specific diff
ficulties caused by covenants. Ernest
A. Gross, legal advisor to the Secre-
tary of State, wrote that "the State
Department has been embarrassed
in the conduct of foreign relations
by acts of discrimination taking
place In this country"
Cite U. N. Angle.
A major private brief to be filed
tomorrow by the American Assoc1a-
ton for the United Nations deals
with the international aspects OF
the fight over restrictive covenants.
As made public yesterday, 1t de-
clares racial restrictions on the use
of property violate the terms OF the
United Nations charter. Because
that charter has been ratified as
treaty by the Senate, its provisions
are superior to State or municipal
law, the brief adds.
The brief of appellants seeking to
overthrow the covenants contends
such covenants go contrary to the
United Nations Charter, The A. A.
u. N. brief, however, goes into much
greater detail on this point.
Covenant Holders Counter.
The brief of the covenant holders
argues that the United Nations
Charter, even though 1t has the
status of a treaty, does not apply
to private property rights created
by private contract among private
individuals" The covenant, group
believes, moreover, that the United
Nations treaty does not apply be-
cause, under present circumstances,
cit cannot be applied to private
rights OF citizens Of any member
nation"
The A. A. U. N. brief disputes
this contention and calls attention
to court rulings defining the broad
extent to which treaty provisions
apply In specific instances.
1--WE have filed this brief" the
association stated, because OF the
extraordinary Importance Of these
cases, particularly with reference to
the good faith of this country In
carving out its obligations under
the Charter.
"It is our belief that II the DEGREES
enforcing racial restrictive cove
nants are upheld by this court,
such action would be a severe blow
to the international prestige OF this
country and to the effectiveness OF
the guarantees Of fundamental
human rights expressed In the
Charter"
hrIinnfon Democratic Club
Names Fenwick President