The Washington times., 1905-08-05
PROPERTY OWNERS
ENTER PROTEST
Object to Commissioner
Named by Justice Barnard.

Opposition has developed against the
swearing in of at least one Of the three
commissioners named last Tuesday by
Justice Barnard to appraise the value
of property taken by the Government
for use in connection with the new
Union Railwav Station.
The fight against the confirmation of
the commissioners was begun yesterday
afternoon before Justice Barnard by At
torneys J. J, Darlington. Henry E
Davis. and Leon Tobriner, representing
a number Of the owners of land along
the different streets and alleys to be
graded.
After hearing the grounds of protest
made by counsel for the land owners.
further consideration of the matter was
postponed until Tuesday next
The Commissioners Named.
The commissioners named by the court
last Tuesday are George w. Moss,
Charles A. Baker and John II. Walter
They We're present in court for the pur-
pose of taking the oath of office when
the protest against the confirmation of
the commission was entered ItWas argu-
ed TO the court in behalf of the property
owners that they had not been given
proper notice of the action in the mat
ter proposed by the Government; be
cause, says the complainant the ap-
pointment for the purpose of deter
mining the compensation of the owners
for their property taken under the act
OF Congress providing for the cOnStruc-
ton OF the new Union station without
notice 10 them, is not due process of
law; because the failure TO give them
notice prior to the appointment of the
Jury TO determine their rights deprives
them or the opportunity to challenge
Tor cause. and in other respects is a de-
privation of their legal rights, and be-
cause the court has no Jurisdiction 10
pass any order or take any. steps ar
fecting the property rights of the own
efs without prior notice TO them"
Decision Is Cited.
Mr.. Darlington cited to the court part
Of decision of the District Court of
Appeals announced by Justice Morris,
In which he held
The right to. be heard is a funda-
mental right of every litigant under
our system of Jurisprudence and under
every system Of Jurisprudence worthy
OF the name, and usually It is not de-
MED. even in the iaWIess codes OF the
most lawless sayages; and In the right
to be heard the first element is that Of
notice.
The service of process-in other
words, NOTICES the essential prerequi-
site 10 the exercise of jurisdiction by
any court Indeed, il may be said that
strictly speaking, not a single step
from the beginning to the end OF a le-
gal controversy can be taken without
notice To the opposing party, although
or necessity the notice In many in
stances is constructive rather than ac-
tua!, and the absence Of 1t Is an ir-
regularity rather than q defect thar
would operate to cause a failure of
jurisdiction"
Counsel Sinclair Explains.
A Leftwich Sinclair. special counsel
for the District in charge of the con
demnation of land for use in connec-
tion with the construction OF the new
Union Railway Station explainxd to
the court that on account of the great
number Of property owners interested
whose names are NOT known at this
time IL was impossible to notify them
The notification of these persons, Mr.
Sinclair contended, is part of the DUTY
of the commission as soon as they en-
ter upon their work
He further explained that there are
more tnan 600 claimants for damages
interested in the property to be ap-