Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-09-04
RESOLVES IQ,lQPPoSE
East End Association De-
nounoes Union STATION Act
OBJECTIONS DEFINED
ADDRESSES By MEsisHs. JOSIAH
WILLARD AND OTHERS.
Resolutions Adopted Indorsing Suit in
Supreme Court Of District to
Nullify Legislation.

the proceedings instituted in the Supreme
Court fthe District to prevent its ope
ration were discussed last evening at the
first fall meeting Of the East End Suburban
Citizens Association at Northeast Temple.
The measure was denounced as unconstitu-
tional. At the conclusion Of addresses by
Josiah Willard, the plaintiff in the legal
proceedings; Mr.. Louis P. Shoemaker. pres
ident Of the Brightwood Citizens ,Associ-
alton; Mr.. Joseph Bradfield and Mr.. DON
aid Mcpherson, resolutions were adopted
approving the action of Mr. Willard in
seeking to restrain the treasurer of the
United States from paying out the moneys
appropriated for the fulfllment of the act
AS the meeting was called primarily for
the purpose of giving the members of the
association an opportunity to express their
views upon the bill, but few other matters
such as the report of the executive com
mittee. were acted upon. In the report of
that committee, President Ernest recon-
mends that the estimates of the association
E5De revised so as to conform to the recon-
mendations heretofore made by the District
Commissioners. and requests the Commits
sioners to secure an appropriation of 5000
for the continuation of improvements on
Bladensburg road, eastward; to complete
the permanent improvement of Bladens-
burg road as far as Mount Olivet road,
$40 600; for the opening and grading of M
street from Bladensburg road to 2Sth street,
$14 400; for the opening and grading of r
street from Bladensburg road eastWardiy
to 18th street. and Of 2Sth street from r
street south to M street, 81 Zoo.
The report, which was adopted, extends
the thanks Of the association to the Com
missioners for work already done on the
Bladensburg road, and at the same time
requests them to spend the balance of the
appropriation OF 5000 before the bad
weather sets in this fall
Resolutions Adopted.
Upon the adoption Of the report of the
executive committee Secretary Wood reads
the resolutions, sanctioning the action of
Mr.. Millard in instituting proceedings in
the Equity Court against the Union sta
ton act 1t was recited in the resolutions
that the association regards as unconstitu-
tional, unrighteous and dangerous the doc
trine that 1t is competent for Congress,
acting as the municipal legislature Of the
District of Columbia, because of the Incl
dental advantages which might result to
this community or to the United States, to
authorize direct taxes to be levied on the
citizens Of this District and their property,
to be given bounty to prfvate corpora
tons in aid Of their undertakings. without
pecuniary compensation to the taxpayers
being contemplated or provided. Such a
doctrine. it was contended.j would unsettle
the foundation Of private rights and make
the property owners of the District mere
tenants at the unbridled will of an I'M
scrupulous lobbyist. hired by corporations
to influence legislation. 3. r.,
Thea resolutions further denOpnce as an
tiquated and odious, not only the doctrine
of consequential benefits, but also that of
consequential damages Involved In the
union station act. and also denounce as
unfair and Illegal that clause of the act
which exempts the railroad companies from
taxation on improvements Eand limits the
assessment Of taxes on their property to
the bare value of the land occupied by
them, II it were unimproved.
All the citizens associations OF the Dis
trict are urged to cooperate with the East
End Association in carrying out the fight,
and, in conclusion, the resolutions recon-
mend that Judge John F. Dillon of New
York and some local attorney be engaged
to assist in the conduct of the legal pro-
ceedings against the execution of the pro-
visions Of the act
Mr.. Willard Expresses His Views.
After some preliminary remarks Mr. Mil
lard read the bill which he has filed in the
District Supreme Court for an injunction.
and among other things, said:
"Our government was established to pro-
tect life, liberty and property. Either or
all Of these may be forfeited for crime
judicially esta blished, and a mans private
property may be taken from him for other
reasons; that Is. 1t may be taken by the
the owners debts in pursuance of judicial
proceedings But you and owe nothing to
these railroads for whose use 1t Ia proposed
by this legislation to take our property, so
that the union station act cannot reach US
on this ground.
THE government may take a mans pri-
vate property for public or quasi-publio
uses under what is called the power OF
eminent domain, on condition, however of
making just compensation to the owner in
money. But even the government cannot
take your money or mine under this power.
even II 1t does make compensation. No
mans money can be taken under this
power.
Again, the government may take private
property under the police power when the
property, or its use, or Its situation is such
as to endanger the health, welfare or safety
Of the public: in other words, when 1t is @
nuisance; but 1t is not pretended that any
of the property which this legislation pro-
poses to take Is a nuisance.
Effect Of Taxing Power.
Finally the government may take pri-
vate property for purely governmental
USES under the taxing power: but 1t cannot
take 1t for private, or quasi-public, uses
under that power Therefore, 1t cannot
take private property by taxation for the
use of railroad companies, since these are
private corporations, and their uses are pri-
vate uses Their undertakings can no
more be aided by taxation than the under
takings Of any other private corporation or
OF an Individual"
Mr.. Millard stated that there are many
sophistical and contentious arguments in
| use by those who favor this legislation in
order to break the force of these prin-
ctples. All of these have been examined
and answered by the courts. They were
all used in the celebrated case of Hanson
VS.. Vernon. out in Iowa in 1859. In that
case the legislature had passed a law which
| was. in principle. precisely like the union
station act He said Judge Dillon who
| was then chief justice of the supreme court
of Iowa, demonstrated the unconstitu-
tionality Of such a law, after a review of
the pretexts upon which, 1t had been de-
| Tended. ,,1afa
Property" he added, ..by' virtue of the
power of eminent domain, can only be
taken when direct and full compensation
Is made in money, and can only be taken
| to the limited extent required by the object
| In favor of which 1t IS exercised" He
| cited a case on this subject known as 1.-THE
People vs.. Brooklyn a Comst.. 423. 1857
where the distinguishing attributes Of The
| two powers were stated by Justice Rugglcs
Tho two powers being different 1t does
not follow that a tax can be levied for the
benefit Of any private enterprise. though
I the enterprise be one which would justify
the exercise OF the r1Ght of eminent dom ain