Evening star., 1948-05-04
Supreme Court Opinion in Covenant Cases

Following is the opinion in the
tUo District coDenant cases de-
liuered by Chief Justice Vinson
and Joined in by Justices Black,
Douglas, Murphy and Burton.
Petitioners in one case Were
James M. Hurd and Mary H.
Hurd. and in the second, Raphael
G. Urciolo, Robert H. Rowe,
Isabelle J. Ro,Ce, ct al. Respond
entS in both cases Uere Frederic
E. Hodge. Lena A. Murray Hodge,
PacQudle de Rita, ct al. Foot
notes to the opinion are repro
duced in agate type at places
in the tert to ,Dhich they refer.
These are companion cases tc
Shelley v. Kraemer and McGhee v
Sipes, ante, and come to this court
on certiorari to the United States
Court of Appeals for the District OF
Columbia.
In 1906. 20 of 81 lots in the 10C
block of Bryant street NV. in the
city Of Washington, were sold SUBJ
Iect to the following covenant:
~ - that said lot shall never be
rented. leased. sold. transferred OF
conveyed unto any Negro or colored
person. under penalty of two
thousand dollars $4,000. which
shall be lien against said prop
ertv."
The covenant imposes no time
limitation on the restriction.
Lots Owned by Whites.
Prior to the sales which gave rise
to these cases. the 20 lots which are
subject to the covenants were at all
times owned and occupied by white
persons. except for brief period
when three of the houses were oc-
cupied by Negroes who were even
tually induced to move without legal
action. The remaining II lots in
the same block, however, are not
subject to restrictive agreement
and, as found by the District Court.
were occupied by Negroes for the
20 years prior to the institution of
this litigation.
All Of the residential property IN the
block is on the south side of the street,
the northern side of the street pro-
vidins a boundary for a public park.
These cases involve seven of the
20 lots which are subject to the
terms of the restrictive covenants.
In No. 200, petitioners Hurd. found
by the trial court to be Negroes,
purchased one of the restricted prop
critics from the white owners.
Petitioner James NJ. Hurd maintained
Indian.
In No. 29l, petitioner Urciolo, a
white real estate dealer, sold and
conveyed three of the restricted
properties to the Negro petitioners
Rowe, Savage, and Stewart. Petit
toner Urciolo also owns three other
lots in the block subject to the cove
nants. In both cases, the Negro pc
titioners are presently occupying as
homes the respective properties
which have been conveyed to them
Suits were instituted in the Dis
trict Court by respondents, who own
other property in the block subject
to the terms of the covenants, pray
ing for injunctive relief to enforce
the terms of the restrictive agree
ment. The cases were consolidated
for trial, and after a hearing, the
court entered judgment declaring
null and void the deeds of the Negro
petitioners; enjoining petitioner Ur-
ciolo and one Ryan, the white prop
erty owners who had sold the houses
to the Negro petitioners, from leas-
ing, selling or conveying the prop
critics to any Negro or colored per-
son; enioining the Negro petitioners
from leasing or conveying the prop
critics and directing those petitioners
Ito remove themselves and all of
their personal belongings" from the
premises within so days.
Affirmed by Appeals Court.
The United States Court of Ap-
peals for the District of Columbia
with one justice dissenting, affirmed
the Judgment Of the District Court.
" S. App. D. c.. 1872 F. I'd 233
Tho ma ioritv ~ tbe court moe ~