The Washington times., 1909-11-04
Justice Stafford Declares the
Findings Contain No
"Glaring Errors.
HOLDS THAT COURT
is NOT COMMISSION
Opinion Reviews Minor Objections
At Lsngth-Decision Will
Be Appealed.

Upholding the constitutionality of
the act condemning the five squares
south Of Pennsylvania avenue. on
which the new Departments Of
State, Justice, and Commerce and
Labor are to be erected; and de-
claring that no court is justified in
assuming for a moment that PreSi-
dent Taft would be governed by ca
price in deciding a matter of this
kind, Justice Wendell Phillips Staf-
ford today affirmed the awards of
the condemnation commission. The
award, made by the commission on
which served H. Rozier Dulaney.
George TrueSdeIl, and George w.
F. SWartzell, amounted in round
numbers to s., 2,459OOO.
WILL NOTE APPEAL.
On behalf of the Grand Opera
Company and Orren G. Staples. At
torney A. S. Worthington today de-
elared that he would Immediately
note an appeal from the decision.
Of the court. This determination
on the part of the objecting prop
ertyholders may tie up the final
adjudication Of the matter for more
than year. IN the event It IS taken
through the District Court Of Ap-
peals to the Supreme Court Of the
United States.
Justice StafTord's opinion deals
with the contentious Of thirty-nine
of the owners Of the ssventy-fve
parcels Of land contained in the FIVE
squares.
Constitutional Point
In general the objections were made
on the premises that the proceedings
under which the condemnation was
had were unconstitutional; that the
commission failed In It's purpose in that
it neglected TO award compensation II
the owners OF the fee OF a certain alley
between Fourteenth ana Fifteenth
streets; that It neglected 10 appraise the
Ieese holding interest of the entrance
TO Chase's Theater. and that It made
inadequate appraisals in other specific
instances.
When the matter was argued before
the Justice. holding District Court. the
principal contentious made BY Attorney
A. s. WOrthington. representing orren
C. Staples and the Grand Opera House
Company. whose holdings are valued at
s57e, 900, attached the constitutionaHty OF
the act OF Congress authorizing the ao-
QUESTION OF the land at price not to
exceed two and a half million dollars.
Mr.. Worthington argued that the act
attempted TO vest in the President OF
.he United States the election TO take or
not to take the condemned property AT
the price awarded. Answering this,
Justice Stafford says:
Comment of Judge
mo court would be justified in as
suming for a moment that the Execu-
tive would be governed by caprice in
any matter wherein he is required to
act under his oath OF office for public
interest. That is exactly this case.
In this case the Government is sim
ply exercising its right 10 have the
value OF certain property fixed IN view
OF the great probability that IL ought
to be taken for Governmental uses.
and reserving its right to withhold its
final decision until the last moment.
This Is the right which belongs TO the
Government. and as Tar as this court
IS aware has always been recognized
as belonging TO II whenever the Iegis-
Iative branch has chosen to assert It.
It IS always IN the power Of the legis-
lature TO make condemnation pro
ceedings tentative up to the very mo-
ment when payment shall be made.
Not until then does the title pass"
In taking up the second objection.
IN which the owners attorneys held
that the act was too vague and tn
definite IN the matter OF procedure.
Justice stafford holds that the matter
OF procedure IS left largely 10 the
court, and no complaint is made but
that all the rights We're safeguarded .
by It and all persons interested given
an opportunity 10 De heard as fully
as they desired.
Answers Objections.
THE third objection IS that the pro
ceedings have not followed the act
reads the opinion. 1T appears that
there is a public alley running through
square 226 from Fourteenth street 70