The Boston Globe from Boston, Massachusetts • 76

7 Boston Sunday Globe May 19, 196S lime unts btdle Housing Bias Law By JANET RIDDELL Negro buyers ean't wait for 1 g-t a administrative and legal cause the. law: is inadequate, but because as a practical -matter, most prospective hand-woven premium calf WITH arch support irf have the house biiHt: with some modifications on other lot in the itmi devek, opment, and Ormsby, agreed, to let him know th -price change, if any. Gaines says he 1 never heard. He says both he and his wife phoned the development office numerous times throughout the next yet were continually put off. In mid-August, Gaines filed a complaint with MCAD.

Gaines said it ieemed' "in-credible" to him that there" would be such a failure of, communication when he was ready to purchase $29,000 home which th profit would be more than a few hundred dollars. Ormsby says he was out of the office during the week in question and that he had turned the matter over to Richard L. Keating, a real estate broker in charge of the office. Keating says it was a busy week, that he had many other customers and that, ht had no time to call Gaines. In late August, the investigating commissioner, Mrs! Etna Ballantine, found "probable cause" for discrimination.

Those connected wih the case cannot legally release information on details of the conciliation attempt which followed for fear of "prejudicing" the What is known that conciliation attempts did not succeed. Five months later on Jan. 16 the case was certified for public: hearing. Two months after that, on Mar. 29, a hearing was held.

A ruling on the results is not expected for another few months. commission with nine field investigators- handled' 700- cases last year, of 'in housing. She also points to' problems of legal administration: in, the Gaihes case, transcripts must typed; up to ,550 pages -of testimony must be read by each of the three hearing commissioners, who each have other cases, and who work part-time. rr cas8 oes Sinst Keating, he can appeal to the courts which would take another year. And the case could 'be, appealed again after that.

For the commission to enforce the law more quickly and effectively, Mrs. Ballantine advocates full-time commissioners, a more adequate budget, andincreased staff to carry out investigations. Gaines' lawyer, Daniel Levenson, eels the commission also should have stricter powersvof He argues, for example, that the commission ahould be able to award punitive damages for "humiliation" suffered by a victim of discrimination. the past, damages have been awarded to a victim only if discrimination, has caused actual financial loss. The Gaines case could become the first to apply a year-old law providing that a realtor found to have discriminated may have his license suspended for.

30 days. -f Levenson, however, is pessimistic about the ability of laws alone to solve the "subtle" problem of discrimination. "This case is important in terms of the Gaines trying to prove a principle," he says. "But if a seller wishes to be obstinate," he says, "he can effectively deny housing to' a Negro, not so much be suit leaorter Henry Gaines went looking for a house in the suburbs last Summer. Employed as a buyer for an electronics firm he had $11,000 in cash for a down payment.

He finally found a place he liked in Randolph in the $25,000 to $30,000 range. Gaines is black. He never got the house. Now, nine months later, his case is one of 300 pending before the Massachusetts Commission against Discrimination. It will probably be several months more before the case is decided.

In the meantime. Gaines has given up on the Randolph house and has moved into one in Sharon. According to MCAD commissioners, there are still no Negroes living in the Althea Park Development in Randolph. Gaines lawyer claims the case is an example of how "an obstinate seller can effectively deny housing to a Negro" despite Massachusetts Open Housing laws which are considered tougher than recently-passed Federal open housing legislation. Gaines, tall and impeccably dressed, set out one Summer morning from his Dorchester home with his wife, Maude, a beauty parlor operator, to look at the Althea Park Development.

The couple, who have no children, were particularly interested in a model home in the development; they say they were politely shown through by part-time salesman John Ormsby. Gaines said he wanted to WEEDS YIELD TO ROSES Roxbury children brought a sunken garden in Franklin Park to life this weekend. The garden will be a memorial to Dr. Martin Luther King. Cornell Thomas, center, and Daniel Burton, both 4-H Club members, plant the first of 1000 rose bushes as Mrs.

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Martin Luther King. The children were among scores of Roxbury residents who were cleaning up and fixing up their neighborhoods this week-end. By the end of Saturday, more than 4000 rose bushes had been planted throughout Roxbury by members of the Roxbury-Dorchester Community Beautification Program, a group of residents who have united to turn vacant lots into spots of beauty. The citizens, who received training about two years ago from staff at the University of Massachusetts, on their own and have created several community parks. After tenderly patting plants into place in Franklin Park, mothers and children went together to plant garden at Fort Hill, where an historic monument had become surrounded by weeds and broken glass.

Not far from the monument, 100 members of a separate neighborhood group, the Sav-More were busy passing the broom in a massive dust-up of tht SavpMore Area (bounded by Savin and Moreland iti. For the children in Franklin Park, who are all members of neighborhood 4-H clubs the rose-planting wai part of a learning process that will continue through the Summer. The children will care for the roses, weed them, and water them under supervision of trained neighborhood parents. Thirteen-year-old Larry Langford knelt on torn trouser knees in the rich earth, carefully unwrapping paper and string from the roots of a new rose bush. As he dropped the paper, his eyes caught a movement in the earth.

His hand darted out. He grasped the worm and heid it up to the light. It wiggled. He lowered it gently to the ground and watched crawl away. His attention returned to the plant.

He examined the maze of roots, holding them up to the light, gazing at them for several minutes. Reluctantly he lowered the plant into the hole he had just dug and patted the earth into place. He stood up. And he smiled. "We sort of learn as we go along," explained Cornell Thomas, 14, a young planter with dark bronze skin, handsome features, an Afro hair cut, and a chipped tooth.

"Last year near my house we built a park and weeded it and watered it ourselves," he said, referring to anofher group project on Harold and Holworthy sts. where children turned an empty lot into a parklet. JANET RIDDELL Man Arrested In Andover Theft ANDOVER Andover police on Saturday announced the arrest of a 37-year-old man in connection with the theft of a $100,000 Paul Revere silver collection from Phillips Andover Academy here in February. Carl Velleca, who gave addresses in Lawrence, Methuen and Providence, is charged with being an accessory after the fact of breaking, entering, larceny and receiving stolen property. He was indicted by an Essex County Grand Jury on Friday and will appear in Essex Superior Court later this month.

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