Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-10-21
Justice Adkins Holds Con-
gress Has Right to Revoke
Permit to Use Streets.
STREET-CLOSING PLANS
ARE DECLARED LEGAL
Federal Government Possesses Au-
thority to Eject Tenant and Raze
Property, Court Rules.

justice Jesse Z. Adkins in District ST.
preme Court today denied the applica-
. ton of the Mount Vernon. Alexandria
| & Washington Railway Co. for a pre-
liminary injunction against Secretary
of the Treasury Mellon to prevent demo-
lition of its station at Twelfth street and
Pennsylvania avenue and closing of GER
| tain streets within the Federal triangle
development on which the tracks of the
company are laid.
Attorneys for the company admitted
at the recent hearing before the court
that Congress, in granting its charter,
specifically reserved the right to repeal
the entire act. Justice Adkins held that
II Congress could repeal the charter,
tne court has difficulty in seeing logical
~ why 1t cannot repeal portion of the
authority given the corporation to use
the streets. An act of Congress au-
thorized Secretary Mellon to close the
streets in question, and the company
objected to the necessary tearing up Of
its tracks.
Adequate Remedy Cited.
The court held that if the company's
property rights are being taken of which
Justice Adkins says he is not convinced
the corporation has an ADEQUATE remedy
by suit in the Court of Claims against
the United States for the damages sus-
tanned
In his opinion Justice Adkins said:
The terminal has been purchased by
the United States. and a notice has been
served on the plaintiff to quit these
premises on October L. 1881 The United
States has the right to eject its tenant
and to CemoliSh its own property. The
United States is a necessary party to
the suit, so far as the terminal is con-
cerned, and has not consented to be
sued
For both reasons. plaintiffs motion
must De denied as TO the terminal"
Refers to Polls Case.
The court here cited its previous de-
ciSlon on the question of the tearing
down OF Polls Theater, and pointed out
that the United States has acquired all
the lands in the squares contiguous to
the streets occupied by the company's
tracks. Secretary Mellon. it was pointed
out, has decided to erect public build
ings which will occupy two or more
squares in the area involved. and pro-
poses to close the streets which are to
become part of the sites for the new
buildings
The court pointed out that the plain
tiff claims a property right in the
streets where its tracks are laid; that
the legislation under which the Secre-
taTy is proceeding authorizes the pur-
chase of tracks and that to destroy its
trackage would be to take its property
without Just compensation.
Th3 Secretary denies that the legis-
lation authorizes the purchase of plain
tiff's tracks. He also denies that plain
tiff's property is being taken, but if he
is mistaken in this respect. he asserts.
that the plaintiff has complete remedy
in the Court of Claims. Mr.. Mellon as
serts that a temporary injunction would
cause heavy loss to the Government, and
seriously retard completion of Govern
ment buildings urgently needed, and
which he has been directed by Congress
to construct.
The Arlington & Fairfax Railway in
tervened in the suit, and Joined in the
motion for preliminary injunction The
court declared its rights depend on
those of the plaintiff. and the motion
must also be denied the intervening cor
poratiOn.
Secretary Mellon was represented by
Assistant United States Attorney John
w. FINELY and John r. Benney, assist
ant solicitor of the Treasury Depart
ment.
Appeal is Expected.
John S. Barbour, one of the at
torneys for the Mount Vernon Alex
andria & Washington Railway Co.. said
this afternoon that he presumed" the
decision of the District Supreme Court
will be appealed.
Robert L. May, president of the COM
pany. is out of the city and will not
return until Friday. Any definite de-
cision on future action must await
conference with him, Mr.. Barbour de-
clared Meanwhile, Barbour plans to
confer with Gardner Boothe of AleXan-
dria. co-counsel for the railway COM
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