Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-04-19

through the medium of a future approprfa-
ton. which may or may not be made, is not
provision for that Just compensation with
out winch no person can constitutionally be
deprived OF his property. 1t Is an indispen-
sable requisite OF compliance with the con-
stitutional provision on this subject that
and adequate provision for obtaining COM
pensation before his eccupancy IS disturb
ed, ard the provision must In terms be for
money. and nothing else.
The provision that after condemnation
OF his building the owner may apply to the
court for the modification or vacation of
the order Of condemnation does not meet
the requirements OF the constitutional pro-
vision, for wherever the citizen is provided
constitutional safeguard the right to that
safeguard exists and In to be enjoyed from
the first moment that the citizen is called
upon In respect of the matter concerning
which the safeguard Is provided Accord
ing the citizen his constitutional safeguard
after he has once been called upon, with
out regard to It, does not satisfy the con-
stitutional requirement In that behalf
Friction Is Evident.
''rhs provision of the bill respecting the
number OF cubic feet Of air to be afforded
to each occupant of a dwelling may be
passed with slight comment That laws
containing such provisions may be neces-
sary in those communities in which crowd
ed tenement houses abound may well be
admitted. the necessity for such law here
may well be doubted; but. apart from this.
the difficulty and evident friction between
the authorities and the citizen involved in
the administration Of such law are too
obvious for discussion"
Mr.. Davis refers to statements made by
advocates of the bill at the hearing. and
says:
I'm response to my suggestion that these
bills are aimed at the homes Of the humber
citizens of the community, they replied that
they are aimed at the grasping owners of
those homes. and not their occupants. But
the obvious fact remains that 1T Is the
homes OF the occupants, and not of the
owners which are to be invaded; that it Is
the occupants, and not the owners, who
are to be summartly elected. 1t is the oc-
cupants. and not the owners, upon whom
the personal and physical hardships Of en-
forcing the proposed law will fall.
Does Not Appear for Owners.
"It was for the occupants and their
homes. and not for the owners and the
buildings. that appeared before the SUBJ
committee and have interested myself in
this matter, without promise or expectation
of compensation. There is no body Of men
In any Anglo-Saxon community vested with
such powers as are possessed by the Com
missioners of the District of Columbia and
their subordinates. and my appeal to the
committee was and Is that in increasing
those powers the greatest precaution should
be taken against the danger of injustice to
the citizen and the violation of his home
and rights by inauisitoriaI and domiciliary
visitations and proceedings, such as have
in all cases and at all times provoked just
indignation and opposition.
Right to Judicial Hearing.
81 do not stand for the proposition that
the owner or occupant of any premises
should be permitted to use them to the in
jury or danger of injury of his neighbor,
but 1 stand for the proposition that every
citizen, before being deprived of his prop
erty or expelled from his home, should have
that right to 2 hearing and judicial de-
terminal ton of his case which 1T is the boast
of our institutions to guarantee to the
humblest.
'.It is not difficult SO to frame a law as
to secure the very desirable object of pre-
serving the lives and health of the citizens
of a community without the violation Of
personal and property rights. and. in my
opinion any such law would go far, as
in right and justice it ought, by providing
that, before such drastic proceedings are
contemplated by these bills should be taken
against the citizen. the necessity for such
proceedings should first properly and law
fully be ascertained in advance, as it easily
may, with due regard and respect for the
rights of those against whom they are to
be put in operation"