Evening star. [volume] (Washington, D.C.) 1854-1972, 1944-09-21

ight toCourt
St. PouI's Protests
Condemnation for
GNU Hospital
Disclosure of condemnation pro-
ceedings filed by the Justice Depart
ment against property owners in
the area bordering on Washington
Circle to permit construction OF q
4O0-bed George Washington Uni
versity Hospital was followed today
by filing of an injunction suit by
St. Paul's Episcopal Church, one OF
the property owners, to prevent the
Government from carrying out its
plans. The court had ordered own
erB to surrender title to their prop
erty by November l.
Following preliminary hearing
today. Justice Daniel w. O'Donog-
hue OF District Court suggested to
Henry F. Mooney, a Justice De-
partrnent attorney, that no further
action be taken in the condemnation
proceeding until the injunction suit
can be heard before a three-judge
tribunal. The jurist expressed be-
lief that issuance of a formal re-
straining order was unnecessary.
The hearing was set tentatively for
October 8.
Money Must Be Deposited.
Actually, 1t was said, passage of
title is contingent on the Govern
ment filing declaration of taking
and depositing money in the court
in the sum it believes the property
to be worth 1t was on this latter
phase of the case that Justice
O'Donoghue suggested that no
further steps be taken until the
injunction plea can be heard.
The suit seeks to enjoin Philip
Fleming, administrator of the Fed
eral Works Agency: Baird Snyder,
assistant administrator of the FWA;
Attorney General Biddle and United
States Attorney Edward M. Curran.
The injunction suit claims that
neither of two laws should be so
construed as to permit the Govern
ment to take over the property.
One of these laws provides for
acquisition and equipment of public
works made necessary by the de-
Tense program. The other is to
expedite the provision of housing
in connection with national defense
and other purposes.
Property Serves Useful Purpose.
The suit claims that If the law is
so construed as to permit the Gov
eminent to take the property, the
law Is unconstitutional.
The suit further claims that law
under which the Government is
seeking to take over the property
should not apply in the present in
stance. that the purpose of the
statute was to provide facilities
where overcrowding. due to influx
of war workers, had caused short
age. The church contends the prop
erty has served useful public
purpose for many years, Its con-
tinuance is necessary to the moral
and spiritual lives of many citizens"
The suit says that from informa-
ton received from other sources.
plaintiff is informed the land is to
be taken primarily for an enlarged
medical school OF George Washing
ton University and that any hos
pital connected Herewith is sec
ondary and incidental"
The church charges that even If
the Government should have au-
thority to acquire the property, such
a move would be arbitrary and ca
PRECIOUS, and that the university has
other property that 1t might use.
Landmark in Vicinity.
The suit says the churchs prop
erty consists Of 14,338 square feet,
which is landmark in the vicin-
ity.' The suit was filed by Attor-
neys Roger j. Whiteford, Ringgold
Hart and Philip S. Peyser.
Meanwhile property owners in the
vicinity met last night to join st.
Paul's in legal action.
Two resolutions were passed by
the group of 100 persons meeting in
the Parish House, GIT Twenty third
street NV.
Property owners adopted one res
olution agreeing to the proposal to
retain counsel. either by joining
with the church or py obtaining
their own lawyers.
Tenants in apartment houses and
homes adopted another resolution
protesting against the arbitrary
and capricious action Of the Gov
eminent" in moving to condemn the
block.
Protest Use of Tax Money.
G. c. Cooley, who lives next door
to the church, presided at the meet
ing. He announced he had retained
the same counsel as the church.
The Rev. Arlington A. McCallum.
rector of st. Pauls; Alan B. Mills,
architect and vestryman of the
church, and Mr.. Cooley all empha-
sized they were not Directing to
further disqualification for Washing
ton, but they did object to the Gov
eminent taking that particular site.