The Washington times., 1903-08-02
LAWYERS DETAINED BY
MANY COMBINATIONS
Vacation Term in Supreme
Court a Busy One.
FIGHT FOR BUILDING SITES
Baltimore and Ohio Railroad Contested
by Charge That Act of Congress
Is Unconstitutional.

Considering that it is vacation term
in the Supreme Court of the District, the
past week has been an unusually busy
one in legal circles. In the summer hol-
idays 1t is seldom that more than one or
two members CT the District bar are seen
at the City Hall at the same time. Last
week. however. the corridors were as
crowded as at the busiest season. when
all branches of the court are in session.
Interest at present is chiefly in the
proceedings begun by the Government
for the condemnation of square 500. as a
site for a building for the House of Rep
resentatives, the condemnation of a site
for the union railway station of the
Washington Terminal Company, and o.
part Of square I'll for the benefit and
use of the Baltimore and Ohio Railroad
Company for freight facilities.
Commissioners were appointed some
time ago by Justice Anderson to hear
testimony and appraise the value of the
different pieces of property In square
$50. Little objection was raised to the
method of procedure or TO the courts
instructions TO the appraisers.
Act Unconstitutional.
certain property for the use of the Bal
timcre and Ohio Railroad Company. the
case was different. AS soon as hearing
had been obtained by some of those
whose property is to be condemned. a
vigorous protest was made The prin-
cipal allegation of this protest was that
the act of February last, under which
the proceedings are held. is unconsti-
tUtional
The case of Antonio Malati, who con-
ducts a stone yard at the corner Of N
and First streets was chosen TO test the
question of the constitutionality OF the
legislation providing for the condemna-
ton Of the land. Mr.. Malati, who is rep
resented by Attorney Henry z. Davis,
contended that the taking OF his prop
erty under the circumstances would be
in violation of his constitutional rights
as citizen.
Attorney Davis argued TO the court
that the act of February does not pro-
vide that the taking OF property shall
be by due process of the law, and that
IN this the act is fatally defective. He
also eontended that the law is vague,
indefinite and impossible OF intelligent
construction.
Decision Expected Tomorrow.
The validity of the act OF February
last was defended by Hamilton & Col
bert, counsel for the Baltimore and
Ohio Railroad Company. and Elan
merry & McKenny, counsel for the Penn
sylvania Railroad Company Justice
Pritchard, after the argument. took the
matter under advisement and will an
nounce his decision tomorrow.
The question of the appointment of
commissioners to appraise the value Of
property 70 be condemned for the site
OF the union station is jointly under
consideration with that for the Balti-
more and Ohio Railroad Company. Mr..
Davis, however, made it plain to the
court that his argument in behalf OF his
client, whose land is wanted by the
Baltimore and Ohio Company. in no way
was intended TO affect the proceedings
for the condemnation for the union
station site. In concluding his argu-
ment Mr.. Davis made an attack on The
methods employed by the Baltimore and
Ohio Railroad Company in securing the
property of individuals for its own use
In the event that the decision OF the
court is against Malati. and upholds the
constitutionality of the act Of condem-
nation, 1t Is quite probable that an ap-
peal Will be taken. This action on The
part OF a property owner or any number
of them will not delay the proceedings
OF condemnation