The Washington times., 1913-12-05
QUESTION LEGALITY
OF PLAZA MEASURE
Limit Set BY 1910 Act Is
S50o,000 in Each Fiscal
Year, Johnson Says.
iContinued from First PaGe.)


it may be determined that the condem-
nation proceedings were Illegal. the
fact that they were acting in an Off
cial capacity and in good faith would
prevent any personal action against
them.
IN the report of the commission for
the extension of the Capitol Grounds,
submitted to Congress February 8. 1915,
the proceedings under which the Irst
two blocks were taken over by the Gov
erhment are stated, and then IolioWs
this explanation:
Being convinced that the most eco
nomical method of acquiring the re-
naming portion of the land to be taken
would be to procure an appraisal OF the
whole in one proceeding, to be paid for
as appropriations are made by Con-
gress. IN accordance with the act OF
June %. 1910. and this course having
been approved by the Attorney General,
the commission, on August q, 19l2, re-
uuested the Attorney General to insti-
tute condemnation proceedings against
all the remaining squares, except the
part of square 633, west of Arthur
place
Mere Oral Utterance.
During the consideration of the mat
ter upon the floor of the House. when
the last sundry civil act was being dis
posed of. Speaker Cannon reiterated
that the commission, in undertaking 10
condemn the entire property, acted upon
the opinion of the Attorney General A
search of the records Of the Department
O. Justice fails to dicloSe any such pin
ion. and as all opinions of the Attorney
General are as carefully recorded, as
are the opinions of the justices OF the
Supreme Court, the inevltapIe cohciu-
sion IS that the commission must have
mistaken an oral utterance of that OFF,
cial as a formal opinion. A..
In Inc meantime, the facts are, that
with the amount of land that mlsnt De
condemned in any one year nIniIed 70 70
value. the entire property was condemn
ed under an appraisal totaling $S,24,-
434.7s. and that the last sundry civil ap-
preparation act carried an approprlation
of that amount, but no revocation OF
the limiting clause.
Sent To Wilson.
The papers were promptly forwarded
to the President of the United States
for his approval, and under the usual
course OF procedure upon the receipt or
such approval, the United States at
torney in charge of the condemnation
proceedings would have gone before the
court and asked that an order oe issued
confirming the findings Of the comnfis-
sion. 1t would then have remained
only for the money to be paid over and
the deeds signed.
But while the matter was in Presi-
dent Wilson'S hands Chairman Johnson
submitted to him statement OF the
facts he had been able to discover and
these papers were referred to the De
partment of Justice for investigation
and report. and for an opinion as TO
the legal matters involved. Morgan Il.
Beach, the Acting Assistant Attorney
General. has been placed In charge OF
the case, and with the receipt of Mr.
j Johnson's communication today he
hopes to apply himself TO the task of
giving an opinion soon.
The results Of his findings, together
with his recommendations. will 80 di-
rect to the Attorney General. and will
then be placed before the President
Owners Need Homes.
In the meantime many property own
ers. including widows and orphans, are
deprived of the enjoyment of their prop
erty. and. in many instances. are on the
verge of dire want. as they can neither
enjoy the use cf the property. sell or.
mortgage it, and treir burdens are
further enhanced by the yearly grind
Of taxation, and the carrying of Sucn