Evening star., 1948-01-15
- ssTHE EVENING STAR Washington, D. c.
JANUARY I9A.

s IA r, Washington, D. c.
JANUARY Is. ls4s.
United States" and harmful to
civil rights.
These cases. MIR. Perlman told
the court, support the contention
that judicial enforcement Of these
covenants is IN derogation OF the
right to equality of opportunity to
obtain adequate and decent housing.
ana to the right tc equal treatment
before the law"
The Solicitor General declared
that such restrictive property
agreements have become so wide
spread throughout the United
States that they are becoming in
effect, an unofficial law affecting
large areas of land.
He noted that the Supreme Court
ruled more than 20 years ago ruled
that Congress, State Legislatures,
or municipal councils could not
constitutionally restrict land in
that manner. Therefore, he argued,
the Supreme Court should rule now
that the judicial branch of the
Government cannot constitutionally
enforce restrictive property agree
ments based on race or similar con-
siderations.
Judicial enforcement of racial
restrictive covenants Mr.. PERL
man continued, HAS made this a
nation of racial patch-quilts, thus
presenting constitutional issues
which must be resolved by weigh
ing the interests, not of a single
vendor or vendee, but Of the whole
country.
Interest Of Millions Involved.
1T is the presence of a public in
terest-the interest Of millions OF
Negroes, Jews, Mexicans, Indians
and others who desire to be free to
acquire and occupy property, as
well as the interest of all the people
in removing and avoiding the
detrimental social results Of segre-
cation - which must invalidate
judicial DEGREES enforcing racial
restrictive covenants.
Mr.. Perlman opened his argument
by noting that this is the first time
the Supreme Court has taken cog
nizance Of the grave consequences
to the entire body polite that flow
from the existence and enforcement
of what are known as racial re-
strictive covenants on real prop
erty."
Called Discriminatory.
Their existence, Mr.~Perlman said,
constitutes discriminatory device
which is a menace to the privileges
of citizenship and to the democratic
institutions Of this Government.
1.-THE main issue common to all
four cases." Mr.. -Perlman pointed
out, "is whether restrictions on the
sale or occupancy of real estate
based on race, or color, or creed, can
be reconciled with the letter and
spirit of the Constitution and laws
and with the public policy of the
United States. The executive
branch of the Government says that
the judicial branch of the Govern
ment, State and Federal, has no au-
thority to enforce such covenants
and should no longer be permitted
by this court to do So"
Mr.. Perlman called attention to
what he said were dangerous social
conditions resulting from the segre-
cation of minority groups in mar
rowly confined residential areas. He
declared that the Government be-
lieves that the time has come to
destroy these evils which threaten
the foundations of our free institu-
tions."
World Leadership Cited.
Mr.. Perlman concluded by de-
claring:
Racial restrictive covenants in.
volve Determinations which work
irreparable injury to all our people
at home and harm to our relation.
ships abroad. World events have
given us the leadership on true dem
ocratic forces everywhere, but efforts
to teach universal respect for the
dignity OF man are hampered by the
Determinations and inequalities
which we, as Nation, have failed
to correct.
1.-The Government submits that
there should be an end to this word
magic under which the Negro and
other racial groups are denied the
fundamental and necessary right te
buy and occupy homes, and are de-
MED complete equality before the
law in this and other respects"