Box 17, Folder 15, Document 27

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December 12, 1960

Mr. Ralph McGill,
fue Atlanta Constitution,
htlanta, Jeorglas.

Dear Kalph:
ti oR: eesrena E or

For your Information, I think the following has a
bearing on the segregation question.

Tn 1916 tn the case.of G Vie Ot by: entas | e
148 Ga. 205, the Supreme Court of Georgia by unanimous decisteat 0
held unconstitutional a City of Atlanta Ordinance which forbade
colored persons to occupy houses in Liccks whera the greater
number of housee ars occupied by white persons. (Richard RB.
Russell was of counsel ‘or the petitioners who secured the
ruling of the court.) Taat dectsion is still the lew of Georgia.

In 1945, in Shelly vy. Kramer, 34+ U.S. 1g the United
States Supreme Court refuse. to enforce a covenant that property
should not be usea or occupied by any person except those of ths
faucasian race. The court held that the agreement Itself did
not violate the 14th Amendment as. the 14th Amendment is directed
against state section only. ut the court further held that the
action of state courts in enforcing this restrictive Tee i
was to be regarded ac action of the state within the 1th Amend=
ment, ané amounted to a denial of the equal protection of the
laws to the petitjoners.

This 1s not for publication.

Best wishes. : Nee hae ahs

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