Evening star. [volume] (Washington, D.C.) 1854-1972, 1935-07-15
COURT DENIES ]. s.
RIGHT TOCONDEMN
LAND FOR HOUSING
Entire s16O,0OO,OO0 Pro-
gram in 40 Cities at Stake,
ICkeS Believes.
LOUISVILLE DECISION
is UPHELD ON APPEAL
Taking Land for Projects Held
Not Within Governments
Specified Powers.
BY the Associated Press.

BY the Associated Press.
CINCINNATI, July 15.-The sixth
district United States Circuit Court
of Appeals held today the Federal
Government has no power to con-
denim land for use in public housing
projects.
The court acted in sustaining Judge
Charles I. Dawson of Louisville, now
retired from the bench, who on jan
uary held condemnation for such
a purpose to be illegal, through fail
ure to come within the Governments
power to condemn lands for public
buildings, parks, Notifications or ar
senals.
Directly affected is a sl.618.00O
housing project in Louisville. KY. In
directly, however, Secretary Ickes has
said, the suit here affected the entire
Sl60,000,O00 housing program in some
40 cities.
Taken to Supreme Court.
Originating in Louisville, the suit
normally would have come to the
court here on appeal, but Secretary
1ckes instead had it carried directly
to the Supreme Court. On March IL
however, the Government sought an6
obtained dismissal of its petition in
that court in order to return the case
here for decision. its attorneys later
appealing for early action by this
court on the ground delay woulc
"create a chaotic condition in the
carrying out of the entire program
of the Federal emergency admins
traitor of public works.
Judge Dawson ruled in sustaining
a demurrer filed by Edward J. Germ
ert to condemnation proceedings seek
ing title to 100 parcels of property in
Louisville valued at s347.668. The
project there contemplated housing
for $50 families.
The taking of any citizens prop
erty for the purpose of improving II
and selling it CT leasing it to another
or for the purpose Of reducing unem-
ployment." the court ruled. is not, in
our opinion. within the scope of the
powers delegated to the Government.
Three Judges Hear Case.
Judges Charles H. Norman, Keno
phon Hicks and Florence Allen heard
the arguments in the court here
Judge Allen dissented from the opin-
ion. however.
The Government of the United
States is one of delegated powers, u
the court here said. land there is no
constitutional provision expressly au-
thorizing it to exercise the power OF
eminent domain. 1t Is nevertheless
well settled that this power belongs to
the Government as an attribute to its
sovereignty
Equally wei: settled is 1t that the
right can be exercised where the prop
erty is to be taken for public use.
The contention of the Government is
that the property here sought to be
condemned is 10 be devoted to pub
lie use because. first, the construction
of the project will relieve unemploy-
ment during the period of construc-
ton, and secondly, the leasing or sell
ing of the new buildings at reasonable
prices will give to persons of low in
come an opportunity to improve their
living conditions. +,
We do not think the first Of these
purposes. if made effective, could be
said to constitute the use to which
the proptrty is to be put"
Judge Allen Dissents.
Judge Allen. dissenting. wrote in
part, Il cannot agree that the con-
domination prayed for is unauthorized
under the United States Constitu-
ton.
THE problem of slum elimination
throughout the Nation lies within a
domain which the individual States
cannot reach and over which the
Congress alone has power. This is an
argument for-not against-the legal
ity of this enactment so far as it
constitutes an exercise of the taxing
power to provide for the general
welfare
There Is nothing IN the act under
which the appellant is proceeding,
Judges Norman and Hicks objected,
ito serve as q guide to the President
in exercising the power conferred
upon him-no requirement that his
actions be conditioned upon ffT'ding
OF facts made by himself or the ad-
ministrator, no standards supplied
with reference to low-cost houses and
slum clearance projects Nothing is
said as to what sk.aIl be desned a
slum or a low-cos. htu or housing
project. There is TO designation as
to the cities or COUNTIES or States In
which such projects shall be estab-
lished, nor any staLoard fixed by
which the administrator is to deter
mine where they are 10 be established.
Neither is there any limitation or re-
quirement imposed Ipor the admin
istrator with reference to the spend
ing of money appropriated for these
purposes. All Of this is left 10 the
unfettered discretion or choice of the
President through lis illustrator
without any STANDARD by which he is
to act"
Judge Allen, only woman member
of the appellate court bench in the
Nation, argued, however, that "the
power Of eminent d,Tlain may Re ex-
ercised wherever necessary and proper
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