Evening star. [volume] (Washington, D.C.) 1854-1972, 1923-04-16
.UPSHUR ST, SCHOOL
BAN IS SUSTAINED
Citizens Win Prolonged Right
Against Using Tract for
TubercuIar Pupils.
DISTRICT COURTS UPHELD
Supreme Court Denies Commission
ers' Plea for Appeal or Review
of Case.
DISTRICT COURTS UPHELD

The citizens today won their pro-
longed fight against the authority
Of the Commissioner in selecting the
so-called Upshur tract as site for
the proposed school for tubercular
children, when the United States Su-
preme Court not only denied the
Commissioners request for an ap-
peal, but turned down the request
for writ of certiorari. The re-
fusal Of the latter writ meant that
the court would not even review the
proceedings in the lower courts
The effect Of the high courts action
today was to sustain both the Dis
trict Supreme Court and the District
had decided against the Commits
sioners' authority to select the tract
without specific direction from Con-
gress-
Two Courses Open.
The action of the United States
Supreme Court in turning down the
Commissioners application to review
the injunction proceedings in the
tubercular school case means that The
building on some Dtstrict-oWned
property other than the Upshur street
tract or wait until Congress takes
further action.
The opinion of the Supreme Court
today brings the court action to an
end with the injunction granted by
the District Supreme Court, restrain
ing the Commissioners from putting
the school on the Upshur street tract
in effect.
bin was introduced in Congress
at the last session which. If enacted.
would have granted the Commission
ers specific authority to place the
school on the Upshur street land. 1t
was impossible, however. to obtain
action before adjournment.
1t is not known at this time
whether the Commissioners will en-
deavor to have the bill enacted at
the new session in December or
whether they will now seek another
site.
school Fund Available.
The appropriation of $4,000 for
this school, which is to replace the
antiquated Hamilton School for
Tuberculars. near Bladensburg road,
has been available since the deffi-
cheney act of 1921 was passed The
municipal architects office has COM
pleted the plans and specifications
and is in a position to call for bids
from contractors as soon as a site
can be found.
II was pointed out by the Commits
sioners today that Congrtss did not
appropriate any funds to buy lands
building had to be located on property
already owned by the city.
Commissioner Oyster recalled today
that there is a possible site on Grant
road near the Fort Reno section, but
he said this tract was hardly large
enough for the purpose
If the Commissioners should con-
clude to hold up the building in an eff
fort to get new legislation at the next
session for site, indications are that
1T would be another year before the
school could be built.
1t is probable that in view of the
action of the United States Supreme
Court the Commissioners will take
within a few days and decide. on
their future course Of action.
The Injunction restraining the
Commissioners from building the
school on the Upshur street tract was
obtained by group of property own
District Supreme Court on the ground
that the site in question was pur-
chased by Congress for the specific
purpose of erecting the hospital for
the tubercular and a Junior high
school and could not be used for any
other purposes.
The Commissioners commended that
they had a right to erect the build
ing on any land owned by the city in
view of the fact that Congress did
not provide funds for a site.
School authorities had no COM
ment to make today on the action
of the Supreme Court and indicated
that they would adhere strictly to
their past policy of remaining aloof
from the controversy over the loca-
ton of the tubercular school 1t
was pointed out that the board of
education had decided to let the ap-
preparation of $4,000 for the purchase
of equipment for the school lapse,
and ask for a reappropriation of this
amount when the site for the build
ing is ultimately selected