Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-07-11
IN PLAzAR REPORT,
JOHNSON REVIEWS
FIGHT ON AWARDS

thereon from the time it was acquired
! by either the railroad company or the
holding company.
When the proposition to acquire this
property was before the House in June,
| 1910. the gentleman from Alabama (Mr
Cnderwood) inquired of Mr.. Walter 1.
Smith. who was then one of the most
prominent members of the committee on
appropriations. as to whether or not the
Baltimore and Ohio Railroad Company
to be acquired. The substance of Mr..
Smiths reply was that this company
did not own any property in that area.
It develops. however, that out of, the
1912 which was appropriated by the
act of June %. 1913. the Baltimore and
Ohio Railroad Company of itself and
| through its holding company. would have
receive s1,72a,411 under the awards
made. if those awards had been approved
by the President.
This is true, notwithstanding the fur
ther fact that Mr.. James A. Tawney.
who had charge of and advocated the
passage of that section of the appro-
priation bill by which this additional
ground was to be acquired. stated. sub
stantially but plainly. that there was an
agreement with the railroad company by
which they were to accept original cost.
plus = per cent interest thereon for their
holdings in that zone. Mr.. Tawney at
that time was chairman of the appro-
priations committee. However the then
commission, whether it consisted of more
than one active member or not. rejected
an offer from the Baltimore and Ohio
railroad, and urged the payment of an
award amounting to about 100000 more
than the property could have been pur-
chased at according to the agreement
stated by Mr. Tawney.
Action of Court fastened.
THE court action which was had for
the purpose of condemning this property
was unreasonably and Illegally fastened.
At the time the petition or declaration
was fled in court for the purpose of
condemning more than S3.OO0,0OO worth
of property the law was that the
commission could not acquire, either by
purchase or condemnation proceeding, ex-
ceeding S5OO0'O worth in any one year
This plain mandate of the law was lg-
nored by the commission.
After the awards had been made and
had been reported to the court the court
allowed thirty days within which excep-
tons thereto could be filed. However. the
attorney who represented the commission
in that proceeding moved the court before
the expiration of the thirty days to con-
firm the awards. Thereupon the court
did confirm the awards four days before
the expiration of the thirty days within
which exceptions could have been filed.
This is but another instance of an eff
which the President has held to be ex-
cessive.
1T must be remembered that during
the time the Baltimore and Ohio Rail
road Company has been the owner. of
this property 1t has had the unrestrict-
ed occupancy and use of it. For many
many years it's station and yard tracks
occupied a part of this same property.
It is also true that while the Baltimore
and Ohio Railroad Company was &C.
cupying this property and getting valu-
able returns out of 1t. the company was
,, also occupying and using. free of
charge. much property owned by the
United States government. as we'll as
much of the streets of the city of
Washington for none of which it has
ever paid any rental. In addition to this
the Baltimore and Ohio Railroad Com
panv and its subsidiary. the Washing
| ton Terminal Company, now owes to the
District of Columbia about $4,000 OF
! unpaid taxes upon public property which
it is using.
eat the time Mr.. Tawney. as chair
man of the committee on appropria-
lions. brought up this piece of legisla-
ton as a rider upon an appropriation
bill. the original cost of the property
plus per cent interest thereon. all
things being considered. was regarded
as liberal price for the property"