Evening star., 1949-12-09

whether or not they were filed fol
record" This move is baseC
on the belief by Government law.
yers that it logically follows the
Supreme Court ruling in the COW
enant cases.
Last February the National As
sociation for the Advancement OF
Colored People sent letter to
the President. accompanying a
brief prepared by Mr.. Marshall
This material was sent to the
then Attorney General. Tom
Clark, and to David K. Niles. who
handles for the President matters
involving minority groups. AT
the Department of Justice the
material went through channels
to Solicitor General Philip B
Perlman. who had filed a Govern
ment brieI IN the covenant cases
arguing that such covenants were
invalid under the Constitution.
Covenant Decisions Quoted.
Mr.. Marshall's brief argued that
the covenant decisions made the
then existing FILA policies invalid
Quoting the covenant decisions. he
argued that If the Government
may not by the active interven-
ton of the courts supported
by the full panoply of State power
deprive the Negro of the right to
occupy property. 1t is similarly
true that the Federal Government
may not lend any portion of the
panoply of governmental benefits
to a project designed to deny the
Negroes the rights of occupancy
granted to them by the Consti-
tuition"
Mr.. Marshall further argued
that the full integration of mi
nority groups into American life
is an essential part of the national
housing program, and he made
five specific recommendations:
Il. That the underwriting man.
ual and regulations be revised and
supplemented by explicit instruc-
tions that exclude all considera-
tions predicated upon racial, re-
ligious or national distinctions for
the purpose of making commit
ments for insurance under the Ma
tional Housing Act.
-. That the FILA in the future
refuse mortgage insurance on
property in which the applicant
for insurance has inserted a re-
strictive covenant based upon race
religion or national origin.
Calls for Disapproval.
IS. That the FILA in the future
refuse approval for insurance pur-
poses of projects submitted for ap-
proval where it appears on the ap-
plication that the occupancy OF
such project will be limited by
race. religion or national origin.
II. That wherever. after ap-
proval of a project for mortgage
insurance, it is shown that racial
or similar covenants or regulations
are being invoked in deeds of sale
or leases covering the project.
FILA will withdraw further mort
gage insurance until the practice
is discontinued.
IS. That explicit instructions be
publicly amended and sent to all
field officers and representatives
of the FILA setting forth the above
changes in policy"
Government lawyers set to work
devising changes in the FHA rcgu-
lations that would meet these
recommendations of Mr.. Marshall.
FILA was reluctant to go along in
the beginning. influenced by a
fear that the new regulations
would adversely affect its business
with private real estate agencies,
thus decreasing housing. FHA
was eventually persuaded to adopt
the changes.
VA Brought Into Picture.
In an effort not to single out
FILA alone, however. it was de-
cided to bring the Veterans Ad-
ministration into the picture also
by requiring comparable changes
in VA regulations on CT loans.
Such changes are in the process
of being made now, although Mr..
had not requested them
and had commented on the fact
that no complaints had been re-
ceived by NAACP In connection
with administration of CT loans
On grounds of discrimination.
The changes were agreed to in