Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-03-24

hpPAONdA.
uled to open hearings Wednes-
health problems in the city.
Commissioner Walter N. To-
briner and Engineer Commits
sioner Frederick j. Clarke had
little to say on the housing
hearing development.
The tug-of-war over the le-
gal and social welfare aspect
of a city order against dis
eliminating in housing based
on race or religion came into
the open last September. It was
learned then that the Districts
legal office. on orders from Mr..
Tobriner. had drafted anti-dis-
elimination regulations.
These proposed regulations
have never been officially rec
ognized by the Board of Com
missioners. They we're shelved
on orders of Mr.. Tobriner while
the city officials struggled with
preliminary problems.
Under the draft regulations,
the doors of all-white neigh
borhoods would be opened to
Negroes seeking to buy or rent.
The sweeping order, as pro-
posed, would cover renting,
selling. financing and advertis-
ing. The draft regulations pro-
lvided a $500 fine or a Today
jail term for a discrimination
conviction.
The Commissioners later were
advised by their legal aides
that, under an 1892 Congress
sional resolution, the city has
authority to adopt the regula.
tons If there is concrete evi.
dence linking housing bias with
social welfare evils.
Counsel Supplies Opinion
The opinion, by Acting Cor
poration Counsel Milton D.
Norman, said he believes that
the Commissioners have the
power to put these regulations
on the boks If there is:
e. a finding by the Com
missioners that discrimination
and segregation In housing re-
suit, directly or indirectly, In a
demonstrable danger to the
lives. limbs, health, comfort
and quiet Of persons. or to the
safety Of property.
I, In line with this opinion, the
1, Commissioners last December
held the first of two public
hearings on the racial housing
matter.
This hearing, which lasted
two days and drew testimony
from about rs witnesses, was
on the question of whether
segregated housing hurts the
community.
d. C. Committee Steps In
The Commissioners have
made no announcement of
their findings on this point.
Under their announcement last
November. the plan was TO cali
a second hearing on specific
anti-bias housing regulations II
there was evidence that salts
fled Mr.. Korman's legal stipu.
lation.
During the closing days Of the
last Congress, the House Dis
trict Committee adopted a res
olution requesting the Commits
sioners:
g. to suspend and defer
any action leading to adoption
OF such regulations pending
full and complete hearings and
consideration by the Commit
tee Of the District Of Columbia
In the 88th Congress. ="
The resolution, which was
drafted by a special subcom-
mittee headed by Representative
Whitener, said there we're ser
ious questions" as to whether
all 1892 resolution dealing with
police regulations gives the
Commissioners the power TO
adopt the regulations.
The Commissioners position
on the legal question was placed
in doubt last December In a
ruling by Judge Richmond B.
Keech Of the United States
District Court. Without men,
tioning the racial housing mat
ter. Judge Keech's decision in a
city building code case provided
ammunition for arguing that the
1892 resolution was not broad
enough to cover regulation
orders.
Legislators Not Convinced
This view is shared by several,
II not most. Of the members
OF the Whitener subcommittee
that win hold the hearings. As
one member. Representative
Broyhill. Republican Of Virginia,
put II yesterday:
IF the Commissioners can 70
back 70 1892 and dust off the
books TO find an excuse for
writing far-reaching city legis-
lation today-about 20 years
later-then there Is no need
for the House and Senate
District Committees 10 stay In
existence"
In addition to Mr.. Whitener
and Mr.. Broyhill. other mem
bers Of the subcommittee are:
Representatives Dawson, Of
Illinois. Williams. OF Mississippi,
Dowdy. OF Texas. and Hagan,
OF Georgia. all Democrats: and
Representatives Nielsen. OF MIN
nesota. and Harsha. Of Ohio,
Republicans.
School Open House
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