Evening star., 1942-05-25
Stronger BIockout
Law Required
Writer Tells How Authorities
Are Handicapped by Lack
Of Protecting Legislation
Bv John w. Thomson, Jr.

BY John w. Thompson, Jr.
District officials are distressed at the
reaction In some quarters to their pro-
posed amendment to the blackout bill OF
last December, introduced recently by
Chairman Randolph Of the House Dis
trict Committee and stin pending. Such
words as "czaristic" and "dictatorial'
have been raised against some of the
powers given the Commissioners under
the proposal.
As a matter of fact, the measure was
designed to reach a double objective.
The first was to protect the city and the
second to protect those who protect the
city
At the present time there is no statu-
tory authority for the existence or func-
tions of the $4,000 civilian defense work.
ers except during the actual period of
blackouts. If an air raid took place
during q proclaimed blackout, the war
dens, auxiliary police and flremen and
others have authority through regula-
tions under the original blackout act to
carry out their functions of protection.
But should the same thing occur during
the day there are grave doubts in the
minds Of city officials as to whether
these same wardens, police and firemen
have the same authority and whether, in
their exercise Of such authority during
the day, they are protected from suits
Legally, Commissioner John Russell
Young has no administrative authority
by virtue Of being United States CO.
ordinator of civilian defense The only
executive power to do things in the Dis
trict is In the Commissioners and the
law-making body is still Congress. The
post Of co-ordinator Is purely advisory
and carries no authority to administer
the protective services legally.
Clearly the protection Of the Capital
should not be limited to blackout periods,
but should be on a 24-hour basis.
Equally clearly, the thousands Of volun-
teer workers in the various defense
services should be protected legally in
the carrying out Of their duties. Both
would be accomplished by the amend
ment.
The section of the bill which has Gre
ated the most alarm Is section &C, which
allows the Commissioners Ito requisition,
enter upon, take possession Of and use
private property of every kind and ma
ture and any rights therein as may in
their opinion be necessary for the loca-
ton, installation maintenance and oper-
alton Of facilities and devices suitable
for defense purposes" But in addition it
orders the city heads to ascertain and
pay just compensation for such use Of
private property, and if the amount of
compensation so determined be not salts
factory to the person entitled to receive
the same such property may nevertheless
be used Immediately and such person
shall be paid so per centum of the
amount so determined and shall be en-
titled to sue the District of Columbia to
recover such further sum as, added to
the so per centum, will make up such
amount as will be Just compensation for
such use"
Some quarters have read into this
language the Interpretation that the
Commissioners at will could take the
shirt of citizens back. Actually, there
are several obvious safeguards.
In the first place, before the property
Is taken it must be necessary for the
location, installation, maintenance and
operation of facilities and devices suit
able for defense purposes" What the
city heads had in mind was to make sure
they would be able to place afraid
warnings In the most strategic points of
the city, whether these points happened
to be public or private property. They
wished to make sure that the protection
Of the many could not be obstructed by
one person or organization. At the
same time they guarantee due process"
in obtaining the property or use taken
over. Anything they take will be paid
for.
An example Of the need to authorize
the District to enter into such negotia-
tions with private organizations was
provided in an incident with the WASH
tngton Terminal Co., where the city
wished to locate warning signal. The
company quite reasonably asked the
city to assume responsibility for acci-
dents In connection with apparatus not
due to operations Of the company. But
the District felt it does not have the
authority to do what obviously is the
fair thing.
1t must be remembered, likewise, that
the Commissioners are limited in the
funds they can spend for property they
might acquire under authority Of the
bill. The bill authorizes only $500 900 to
be borrowed from the Treasury for de-
tense purposes. OF this amount, $100, 900
Is earmarked for payment OF hospital ex-
penses Of civilian defense workers in
jured In line Of duty. Another $500, 900
is to go for payment Of special guards at
the Washington water supply for the
next fiscal year. This leaves, at most,
100000 and probably less into which
the Commissioners could dip to pay for
property or uses taken over
There is ready admission at the Dis
trict Building that the language is broad
but officials say this is because they are
not smart enough to know exactly what
Is going to happen. They want to be
prepared to handle whatever situation
develops at the time 1t happens and have
statute to back them up. Anything
less would not provide, the Capital the
protection 1t should have-like putting a
soldier in the field to fight without CIV
ing him weapon.
Actually they anticipate little, If any,
actual taking over of title of private
property, although this could be done II