Evening journal., 1919-09-17
:ALLEGE HOUSING co. KEETS TELLS OF
VIOLATED CONTRACT COMMUNITY SERVICE
Ask Court to Restrain U. 5.
Corporation from Selling
McComb Land
ACTION STARTED
IN FEDERAL COURT


William :. Hilles, attorney, fled in
the Federal Court this morning. a bill Of
complaint against the United States
Housing Corporation. asking that the
corporation be perpetually enjoined
from selling or further interfering with
certain lands in New Castle hundred,
and also that the court declare uncon-
siitu,i0nal The act OF Congress Of May
ic 1918. entitled "An act h authorize
lie President 70 provide housing for
war needs. Mr.. Hilles represents James
" McComb and Jane Elizabeth Me
Comb Winchester. trustees for Martha
McCOmb Bush under the last will OF
Henry ;. McComb, deceased, and Martha
McComb Bush. The defendants are the
Housing Corporation and John j. Goldy,
a representative Of that corporation
The bill sets out that the complain
ants as trustees arr owners OF lands IN
New Castle hundred. consisting OF iS6
scres, with a small frontage on Ham
burg road. and that the only reasonable
rlght OF way from Hamburg road TO
these lands was a private lane or road
passing over lands appropriated by The
housing Corporation.
In August. 1918, the oomplainanls
agreed to sell TO a representative Of the
Housing Corporation. who purportcd 10
be acting under the act Of Congress OF
May i6. 1918. about rs 10 acres OF The
land, having a frontage Of $50 feet on
Hamburg road, including the right Of
way and portions Of valuable timber
land Under the agreement The Hous-
ing Corporation was 20 erect an at
irac'iNe class Of houses on the site. 20
Jay out 2 complete system Of streets
and roads. which would have afforded
uninterrupted and proper access from I.
remaining lands Of the complalnanis TO I
the Hamburg road, The price fixed was |
1900 an acre.
AcccrdlnS 20 the bin the agreement TO I
sell provided that The Housing Corpor-
siion would provide a proper roadway
connecting at The boundary line Of the /
complalnants' property with lands sold.
for ingrcss and cgress. In September
me defendant wanted additional land.
Dlt me complainanis refused to SELL
The bill further states that In Aug
ns Of last year operations were start \
en az The site and continued until the
srmisiice was signed, since which time :
ne proceedings have been STAYED. In ,
stead Of attractive houses. "a sets out
tnere are number OF unslghtly I
snacks and frame buildings which has
ruined The adjoining property and I
from The beginning OF the work TO the /
present time The only right Of way O
the other lands. OF The cOmplainanis
has been interrupted
II further sates that The Housing
Corporation never took any steps 40
comply with the contract either In the
matter OF payment or otherwise. un-
~ June i2, 1919, when, through its at 4
,0rney Francis dell. lanyler. 70 pre-
>cnted a deed but made no tender OF
payment and as the contract had not
aeen carried out the complalnanls re-
fused TO sign The deed Since then.
d declares. an attempt has been made
~ requlsition The property and John
] Goldy was appointed requisition Of
ucer 10 enter and take possession Of
me property 10 alleges that 70 is no I
OF the corporation 10 pro-
bde housing for industrial workers q
connected with and essential 90 the p
National defense although The corpor- n
lton claimed in The requsiton pro- ?
eedings 10 siill be acting under the a
ct Of May IS. 1918. n
After the requisitiOn proceedings l.
we're started the bin SAYS the complain K
mis- were informed that Housing Cor \
'0raton had requested sealed bids for n
he purchase OF the lands: that an at n
empt was made 20 requisition the lands n
Without warrant of law and that 10 has n
lcen learned it is intended to place n
DE requisition proceedings on the cOun- $
y records which would make a cloud n
ipon The tille =
The bill contends that the act OF Con- /,
sress referred to is unconstitutional. in n
hat 10 deprives the cOmplalnanls OF
heir property without due process OF =
9N, for the reason that in an ex-parte
manner and without the right Of the
omplainants to be heard in advance. 70
uempts TO take the property without
npensation and without an opportu-
8 ty on the part Of the cOmplainants 90
eceiye compensation thereof. c
In conclusion, Mr.. Hilles in the bill, j
.rSys as follows: \
That the defendants answer the bill s.
complaint; that the court enter a de- "
rec. removing the cloud cast upon the a
tile of the property by acts OF the de- c
endants; that the Housing Corporation Il
e perpeiually enjoined and restrained "
rom claiming titleand from further in 81
srfering with the possession thereof by b
he complainants and from placing on p
ecord any copy Of attempted requlsi- ft
on proceedings; that John ]. Goldy, g:
G restrained from interfering with pos NJ
',sion OF the land; that the Housing G.
orporation be perpelually enjolned +
nm selling or offering for sale the G.
and that preliminary injunction
restraining order be forthwith Is
20 restrain the corporation until
her order Of the court that the at W
apted requisition be decreed Of no So
al force and absolutely void: that &C
complainanls be returned to lawful az
peaceful possession Of the lands To
u that the act Of May i6, 1918, be de-
ared unconstitutional. ii
GREE1>HILI. TROPHY CUP SHOOT.