Evening star., 1948-12-11
Ruling on Covenants
In Maryland Fails 10
Disturb Realty Men

A Maryland Court of Appeals rul-
ing that restrictive property cove
nants are, in effect, invalid appar-
emily will not materially affect real
estate operations in the suburban
areas.
This is the consensus of real es-
tate operators in Montgomery and
Prince Georges County because the
Maryland courts ruling merely re-
states an opinion previously handed
down by the United States Supreme
Court.
The Supreme Court had ruled
that restrictive covenants were not
enforceable in court and the Court
of Appeals applied this principle
in throwing out an agreement in
volving a waterfront development
along the Magothy River between
Baltimore and Annapolis in Anne
Arundel County. 1t ruled in favor
OF two Negro families who had
moved into the development, here
tofore restricted to white persons.
Anticipate No Difficulty.
T. Raymond Burch, president of
the Prince Georges County Real
Estate Board, said that since the
Supreme Court decision I'VE have
not had any difficulty in the county
and as far rs I can see there is
none anticipated"
Similarly, Ellis, Jones, secretary
of the Montgomery County Real
Estate Board, said Il know of no
colored encroachmerts that are be-
ing resisted in this county,"
The Associated Press reported the
decision of Maryland's Chief Judge
Ogle Marbury in part as follows:
If the Supreme Court did not
mean what it said, or said more
than it should. or what it should
not have sai q, then the RESPONSE
bility is its, and not ours.
The decisions of the Supreme
Court are binding on this
court and, once definitely made, as
in this case, must be followed by
U.S."
Neighb0rs Claim Rejected.
A claim of the white neighbors in
the Anne Arundel County devel-
opment that. to hold the courts
are unable to enforce restrictive COW
enants against Negroes would re-
suit in "the greatest public confu-
sion and civil disorder" was rejected
by Judge Marbury.
The decision rests upon the pro-
lection afforded by the 14th Amend
ment Ito the Constitution to all
persons within the jurisdiction of
the States" Judge Marbury con-
tinued, land it determines that the
equal protection clause of the
amendment inhibits judicial in
forcement by State courts of restric-
tive covenants based on race or
color"
William Millar, Bladensburg real
estate operator, said his interpreta-
ton of the rulings was that a per-
son could not have law authorities
enforce covenants. He indicated
he believed the situation can be
controlled to everyone's satisfac-
tion."
No Way To Stop Sale.
Mr.. Burch conceded that if a
white owner sells to a Negro in a
white neighbolhood, there is no
way under the law you can stop
the sale The Supreme Court took
care of that
Generally. he said, Negroes are
content to remain in their own COM
munities. Negroes have their owr
incorporated towns Fairmont
Heights. North Brentwood anc
Glenarden-with their own mayors
and other officials. One election
district of College Park is predom.
inantly Negro and is represented by
a Negro town councilman, Mr.
Burch said.
J. L. Medley, first president o.
the Montgomery County Real Es
tate Board and now a director O.
that group, said
The Maryland Court had tc
comply with the Supreme Court
decision. I believe the Maryland
decision merely brought the issue
out of moth balls"