Evening star. [volume] (Washington, D.C.) 1854-1972, 1932-01-17
FLAYS
BILL ON VALUATION
Measure to Qualify Assessor
as Condemnation Expert
AssaiIed by Citizens.

The Federation of Citizens Associa-
tons, in a bitterly worded protest last
night expressed its emphatic diSapproval
of bill to qualify the District assessor
as an expert witness on land values in
condemnation cases.
The dramatic effect of the fedora
tons action was heightened by the fact
that the resolution was sent through the
parliamentary mill with a woman in
the presidents chair, the first time in
the associations history a woman has
presided over one of its meetings Mrs.
Giles Scott Rafter had the honor when
Vice President George Sullivan left the
chair to add his voice to the denuncia-
ton of the proposed law.
The denunciation was drawn up by
the federations lawyers on its Com
mittee of Law and Legislation, and
was read by Thomas E. Lodge, COM
mittee chairman and formerly assist
ant United States Attorney. After re-
citing the fact that the bill, unani-
mously passed by the Senate. was rec
commended by the Commissioners after
the Court of Appeals had ruled that
the Assessor was not a competent wit
ness in condemnation cases, the report
said in part:
IN a word, this is a plain attempt
by a defeated litigant the District of
Columbia, to overrule a solemn deci-
sion by one of the independent
branches of our Government the
judiciary, through the medium of con-
trary action by another branch of the
Government, the legislative branch
and in regard to a subject which,
t.n no
longs peculiarly to the judiciary in its
under the fifth amendment to the Con-
stitution.
LAS the very purpose Of the fifth
amendment was to compel just COM
pensation for property taken and to
have such just compensation fixed not
according to the ideas of the legislative
branch, but in accordance with what
is fair and just as determined by the
judicial branch, this attempt of the
District Commissioners to flaunt the
power and authority of the judicial
branch through an appeal to the legis-
lative branch to usurp and diSplace
the functions of the former, should re-
ceive the unqualified condemnation of
every we'll informed and fair minded
citizen.
Hege Fails to Change Wording.
obviously Senate bill No 9. if passed
by both houses and approved by the
President, would be utterly null and
void. The committee accordingly rec
ommends the disapproVal of the aid
bill by the federation"
Edwin S. Hege, who made ST eech
in favor of the report, relented after it
was adopted and sought to have the
language modified, but without success.
James c. Yaden, former president
of the federation, led the fight against
the committee report He said that in
spite of the great legal learning Of the
committee, there were still few Sena-
tors who had a smattering Of knowledge
of constitutional law, mentioning Borah,
Walsh and Norris by name. He was
joined by M A. Lloyd of the Association
of Engineers; Joseph Sanders of Forest
Hills, and Fred S. walker of Park View.
But the majority, led by Vice President
Sullivan, Mr.. Hege, Harry N. Stull Of
Stanton Park, and others, outvoted
them by 81 to IS.
ID. C. Tax Bills Discussed.
The bills passed by the House de-
signed to shift the District tax burden
more firmly on to the shoulders of the
RESIDENTS again came up LOT DISCUSSION,
but no action on the subject was taken.
A resolution from the Commercial
Motor Vehicle Owners Association,
asking the federation to call confer
ence on the Mapes Committee bills,
was referred to the Committee on Fiscal
Relations. Chairman L. A. Carruthers
of the committee reported that four
bills passed by the House had been re-
ferred to four subcommittee for study
and that a report would be placed be-
fore the federation at later date.
william NICK. Clayton introduced a
, resolution condemning the action Of the
House in passing a bill repeating the
organic law relating to appropriations
| for the District. The resolution was
unanimously approved with no debate.
The federation adopted resolution
favoring the coming Community Chest
| drive.
Tree Protection Favored.
The federation went on record as IA
voring the Strengthening out of the in
| tersection of Fourteenth and Harvard
streets; a bill to allow the Commission
ers to settle claims against the District
| not exceeding 81 900 each for cash; the
prompt building of stadium for Bust
! ness High School; and protecting the
trees of Washington streets from ruth