Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-12
QUESTIONS THE LAW
Proceedings Instituted to Test Validity
Complainant Acts as His
Own Counsel.

The constitutionality Of the act Of Con-
gress approved February q last ito pro-
vide for union railroad station In the
District of Columbia has been attacked, in
connection with proceedings In equity FOR
Injunction instituted today in the Supreme
Court of the District Of Columbia by Josiah
Willard. The latter names as defendants
the treasurer Of the United States, the
Commissioners of the District Of Columbia
the Philadelphia, Baltimore and Washing
ton Railroad Company, the Philadelphia.
Wilmington and Baltimore Railroad Com
pany, the Baltimore and Potomac Railroad
Company, the Baltimore and Ohio Railroad
Company and the Washington Terminal
Company. These railroad companies, the
complainant says are private corporations.
severally recognized In the act Of Congress
in question, and all interested tn the rail-
way and terminal facilities Of the District
of Columbia and the subject matter Of the
suit.
Mr. Willard points out that the District
Of Columbia owns no stock In any OF the
defendant companies, nor Is otherwise In
terested in any of them, save as useful
private enterprises; yet, he says, the DIS
trict, by act of Congress, Is required, With
out any lawful consideration therefor, to
pay to the Philadelphia Baltimore ana
Washington Railroad Company the sum OF
$3.50, OOO ito be levied and assessed upon
the taxable property and privileges In the
said District other than the property OF
the United States and the District Of CO.
lumbia' for the exclusive use of the cor
poration mentioned. This use the COM
plainant says, is a private one, and not q
public, governmental use.
The B. and o. Payment.
Moreover, Mr.. Willard sets forth, by the
terms of the act of February %, 1908, con-
tanned also in section thereof, construed
in connection with section of an act re-
lating to the Baltimore and Ohio Railroad
Company, approved February II, 1901, the
District is likewise required. without any
Just or lawful consideration therefor, to
pay to the Baltimore and Ohio Railroad
Company the sum of s75O.OOO "out of the
revenues of the District of Columbia, for
the exclusive use of the defendant, which,
declares the complainant, is a private use,
and not public, governmental USE
Continuing, Mr.. Willard recites that the
public moneys Of the District OF Columbia
are raised chiefly by direct taxation on
the lands therein, and that he, the COM
plainant. is obliged to pay. and does pay,
direct taxes on lands owned by him therein.
The court is further informed by Mr..
Willard:
THAT the principle Of apportionment es-
tablished in the constitution, secures the
District from any oppressive exercise by
direct taxes therein for any. but the public
governmental purposes of the District.
That neither the government of the
United States nor that of the District OF
Columbia is authorized by the constitution
to take private property by taxation for
any but a public governmental use, or to
take 1t at all without due process OF law;
or to take such property upon the pretext
Of a public use and afterward elevate 1t
to private uses, as is done by the acts OF
Congress mentioned.
."That the uses to which the revenues of
the District are directed by the acts men
toned to be applied being private, and not
public governmental uses, they constitute
a gross misrepresentation and squander1ng
of public funds, in which the complainant
has an interest which this court is bound
to protect.
THAT if the treasurer of the United
States who has the custody Of the FUNDS
money appropriated aforesaid the assets OF
the District would be excessively dmlnlsn-
ed thereby; so that new and exorbitant
taxes would be required to meet the legltl-
mate expenses of the District government.
and the complainant would in consequence
thereof be grievously oppressed.
Alleged Unconstitutionahty.
.rh.t for the reasons stated the act of
Congress approved February %, 1903, and
the provisions Of the two acts approved
February II, 1901. which are adopted ana
continued In force thereby, are repugnant
RI the Constitution of the United States, In
that thew violate those provisions thereon
which declare that no capltatlon or other
direct tax shall be laid unless In proportion
To the census or enumeration therein d.
rected to be taken, and that no person
shan he deprived of life, liberty or property
without due process of law; nor Shall prl-
vate property be taken for public use With
out just compensation .u
Mr. M.llard concludes that he and an
o+har citizens of the District upon whom
airect taxes are laid in violation OF the
CONSTITUTIONAL safeguards recited will SUI
fer irreparable damage and injury by rea-
son of the execution of the acts OF congress
Mentioned If the same are allowed to be
carried into full effect by the defendants,
contrary to the letter and spirit OF the
Constitution of the United States
The court is asked by the complainant to
enioin and strictly forbid the treasurer or
the United States from paying over to any