Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-11-04
PROPER FOR PRESIDENT
TO ACCEPT OR Reject
No Court Justified in Assuming
Caprice Might Govern.
ATTORNEYS NOTE AN APPEAL
Condemnation Price Fixed for
Squares South of the Avenue
May Be Carried to Su-
preme Court.

HoldinS that no court would be justi-
fed in assuming that President Taft
would be governed by caprice in any mat
ter wherein he is required to act under
his oath of office for the public interest,
Justice Wendell Phillips Stafford today
overrued the objections of property own
ers to the constitutionality of the act au-
thorizing the condemnation of the five
squares lying south OF Pennsylvania ave-
nue.. between 1ith and 18th streets
The court directed that the award made
ny George Truesden, III. Rozer Dulany
and George W. r Swartzell. the comms-
sioners. be approved. They valued the
land at about 81, ,4J9O0.
The owners of thirty-nine parcels out of
a total of seventy-five filed exceptions to
the award. but not more than a dozen
We're present at the arguments made be-
fore the court.
Attorney y. S. Worthington, counsel
for Orren q. Staples and the Grand Opera
House Company. whose land was valued at
sJIo.0O. stated today that he would note
an appeal to- the District Court of Ap-
peals. Should this appeal be perfected, a
If the matter should go to the United
States Supreme Court, it could not be
heard there. it is stated. before next
October.
Attorneys a. \. Birney, Morgan III.
Beach and David ID. Caldwell, special
counsel for the government, today sub
ml;ted an order in conformance with the
opinion of the court. The order, however.
was not signed, as il contained a pro-
of
each to the three commissioners, without
specifying the number of days the com
missioners have been working on the
cases. The court reserved action until
the desired data are secured.
Grounds Of Opposition.
Three general grounds were taken in
opposition to the confirmation of the
award
1. Because the act of Congress under
which the proceedings have been had is
unconstitutional and void. in that il at
tempts to vest in the President of the
United States the election to take or
not TO take the condemned property at
the price awarded. as he shall consider
the public interest to require.
.. Because the act is too vague and
Indefinite, touching the matter of pro-
cedure, to afford a valid basis for con-
demnation proceedings.
,. Because the proceedings which nave
been had have not followed the provi-
sions OF the act in this. that, while the
petition purports to cover the whole of
the five squares. ii omits to take the
necessary steps with reference 60 "A
portion thereof, to- wit. public alley
in square 226; wherefore the award.
even il confirmed by the court and ap-
proved by the President, will not give
TO the United States the title to the
whole OF the territory authorized to be
secured. whereas il was the plain intent
of Congress that the whole tract or
none at all should be taken. and there
X no authority To pay for part of the
land unless the whole shall be secured.
Objection was also made on three spe-
Cal grounds. as follows:
I. II is objected that no allowance has
been made To owners abutting on the al
ley FOR tho easement in the alley.
II is objected that the value Of GER
tain IsasehoId interest in the entrance to
The opera h"uSo-that is. the value of the
lease tu the Iessee over and above the
rent that must be paid-has not been
awarded or aScertained.
= II is objected that the amounts
awarded for certain parcels are grossly
Inadequate.
Justice Stafford's Opinion.
In disposing OF the objection relating
To- the Presidents power OF election TO
take the land. Justice Stafford declares
the only question TO he whether the pro-
vision In the present act is invalid in that
Il does not confine the President to the
consideration of the reasonableness of the
price, but allows him To reject the tract
Of the price offered II, for any reason. he
shall think that the public interest will be
served thereby.
1t ought first of all 10 be said" says
Justice Stafford. that no court would
be justified in assuming for moment
that the executive would be governed by
caprice in any matter wherein he Is re-
uured to act under his oath of office
for the public interest. And that Is ex-
actly this case The situation is this:
The legislature has said that. in Its Opin-
ION, the needs Of the executive depart
ment require this tract Of ground and
that il may be taken and paid for at a
price not exceeding two and half mil
hon dollars; but that II, when the pur-
-hases have been made and the condem-
nation proceedings have been had, and
he whole price determined, IL shall ap-
pear TO the executive department, acting
through its chief officer, that the public
interest does not require the taking Of
The land. and the necessary expenditure
therefor, the whole proceeding shall be
1eld up and the payment need not be
made. This would not prevent Congress
aking further action i'm the matter. when
u attention should have been called to
he action OF the President. What is
here wrong i'm this? The government of
.he United States is simply exercising its
tight To have the value of certain prop
.rty fixed in view of the great probabil-
~ that il ought to he taken for govern
mental uses. and reserving to itself the
light to withhold its final determination
,f that quest. on to the last moment. This
rilht which belongs TO the govern
nent, and. as far as this court is aware.
aas always been recognized as belonging
% 70 whenever the legislative branch has
.hosen to assert II.
Has Power to Reject.
1t is always in the power of the legis-
ature to make condemnation proceed
ings tentative up to the very mo-
nent wien payment shall be made. Not