Evening star., 1935-07-20
j. 5. CLAIMS RIGHT
TO CONDEMN LAND
FOR HOUSING HERE
Answers Action Against
Slum Clearance Project in
Southwest Washington.
CONGRESS is DECLARED
TO HAVE POLICE POWER
Government to Push Program in
D. C. Despite Contrary Rul-
ing in Kentucky.

Determined 10 go FORWARD WIN us
So .OOO, 900 slum clearance project in
Southwest Washington, the Federal
Government today told the District
Supreme Court it has power to con-
denim land in this city to eradicate
slums, even though it may not have
such authority in the States.
Using p w A. funds, the Govern
ment already has instituted proceed
ings to condemn l3 acres of land in
the Southwest section of the city. 1t
is proposed to eliminate houses now
in that area and construct low-coSt
homes to improve living conditions of
residents Of that section.
The Governments contention that
it has authority to condemn the land
was contained in its answer TO re-
cent assertion by Miss Minnie Keyes,
who owns property in the condemned
area. that her land cannot be taken
by the Government because the slum
clearance project is not Of a public
nature.
She relied or recent decision Of
the Sixth Circuit Court of Appeals,
which held invalid a similar Federal
condemnation project in Kentucky.
Absolute Power Claimed.
In its answer however, the Govern
ment differentiated between its au-
thority in State and in the District.
Whatever doubt may be cast upon
tine constitutional power of the United
States to conuemn land for low-coSt
housing and Slum-clearance projects
in the several States" the answer said,
there can be no question as to the
right Of the national Government to
use its power of eminent domain for
these purposes in the District OF Co.
tumbia."
1t was pointed out the Constitution
gives Congress authority to take the
action under the police power con-
ferred on it as the legislative body for
| the District, as well as By eminent
domain. The answer also definitely
took the position that there is a grave
housing shortage in Washington.
Referring to its power of condemn
| ing property, it was stated:
This fundamental and essential
power, existing at all times, is brought
into relief by the catastrophe depres-
sion, which, in the District, has prac-
tically stopped all house building, pre-
vented the normal growth Of dwelling
accommodations commensurate with
the growth in population, created a
housing shortage in the face OF a
rapid and sharp increase in the num-
| Der of inhabitants. placed a poorer
sort of tenant in a position of greater
dependence, and created a condition
of virtual monopoly.
Condition Of Emergency.
"The condition of emergency in
this District created by the depres-
sion is substantially like the condi-
ton created by the postwar housing
shortage. The former condition was
met and dealt with by the exercise
| of police power"
The Government also asked the
court to hold that the question of the
use to be made of the condemned
land is relatively unimportant. In
this connection, it was said:
Having the authority to use its
power OF eminent domain by expro-
priating upon just compensation the
| land necessary for the accomplish
ment of the purpose, it becomes really
unnecessary to consider to what uses
it may apply the land so acquired.
Congress may get rid of a slum in
the City of Washington whether it
uses the land acquired for park, for
new houses or for whatever purpose.
An indication that an appeal is be-
ing prepared from the decision in the
Kentucky case was seen in the state
ment that 1T is not to be inferred
that we concede the soundness of the
majority opinion in that case with
respect to the lack of power of the
United States to condemn for such
purposes outside the limits of the
seat of government"
Contrary to Other Rulings.
1t was pointed out the opinion in
the Kentucky case is contrary to rul-
ings made by four other Federal
judges.
while entitled to respect" the an
Swer stated, 'the opinion Of that court
has only such persuasive effect as is
warranted by the sounduess of its
reasoning. No court in this district
is bound to accept it as law"
The answer was filed by Henry H.
Classic, special assistant to the At
torney General, and Alexander H.
Bell, jr., special assistant to the
United States attorney.