Evening star., 1944-11-11
Court Decides Monda,
When Hospital Site
May Be Taken Over
Governments Right
To Acquire Property
Is Upheld by Adkins

- OPHSI0 Oy AuAlHS
, The question of when the Govern
! ment actually will take over the
. Washington Circle site for the pro-
posed George washington University
Hospital will come before District
Court Jesse G. Adkins Monday
! morning.
. The jurist late yesterday upheld
the Government in its right to pro-
coed to take the block, but raised the
issue that property owners there
should be given more time to move
, out than the deadline now fixed at
December /.
The Government. through Justice
Department Attorney Robert r.
Macleod, contended that "in-
definiteness" of the vacation date
was the most important considera-
ton, but Justice Adkins sided with
counsel for the property owners in
urging that such owners, and ten
ants, including st. Pauls Episcopal
Church, at GIT Twenty third street
NV, should be given more time.
/. Want Early Possession.
Construction on the new hospital
of 400-bed capacity could start jan
uary l, Mr.. Macleod told the court
He said the Government wanted
early possession to raze the square,
bounded by Twenty second, Twenty
third, I streets, Pennsylvania avenue
NV. and Washington Circle.
! Two pieces of property in the
block changed hands yesterday,
when the jurist signed orders to
pay two property owners money al
ready deposited by the Federal
Works Agency in the registry of the
court. Several property owners are
eager to sell, settle, get their money
and move out as soon as possible,
Mr.. Macleod told the court.
On the other hand counsel for the
postponement of the evaluation
after the decision against them that
they would carry their fight i'm
.mediately to the Court of Appeals.
Favors Ample Time.
Justice Adkins insisted they be
given time to get their case to the
higher court. which might order a
,postponement of the evacuation
date. But he said he thought he
was in a position to extend the
date himself by court order
Protesting this position, Mr.. Mac
Leod insisted that by authority of
the Second War Powers Act, under
which the jurist had just de-
clared the Government had the
right to act in condemning the
block, the Government could take
immediate" possession.
Perhaps the Government might
try to take the property by force,
Justice Adkins said, but he recon-
mended that instead "there ought
to be some extension beyond De-
cember l."
Justice Adkins after hearing ar
guments during the morning. He
upheld the right of the Government
to proceed to take the property
under all the laws cited-the Second
War Powers Act, the National Lam
ham Act, the district Lanham Act,
through which funds were allocated,
ahd the District condemnation law.
This declaration caused title to pass
Immediately to the Federal Govern
nent. At the same time the Gov
ernment deposited in court $742. 400
as the estimated price of all the
land and improvements in the
square. -.
Racial Issued Raised.
On the question of discrimination
against Negroes, which had been
argued by Brooks T. Saunders, col
ored attorney, on behalf of four
colored property owners, the jurist
ruled he had no authority in Dis
trict Court. to decide such an issue.
The responsibility for carrying out
provisions of the Lanham Act
against alleged discrimination be-
cause of race, color or creed, rested
with the Federal Works admins
traitor, he said.
The proposed hospital project,
Justice Adkins ruled, was clearly
for the public use," within the
meaning of law, despite protesting
counsels contentious to the con-
trary.
Justice Adkins signed two orders
presented authorizing payment from.
money deposited in court to the
property owners who wanted their
money.
William E. Harvey is to get $11,-
800 for the property at GOT Twenty
third street NV, with the provi-
sion that he may retain his coil
burner and two sinks" This was
considered "full compensation" for
the property. A check will be issued
by the clerk of court, turned over to
the Columbia Title Co., which is
arranging to complete payment,
since the title is clear.
Mrs. Lille j. Mullineaux and Miss
Adelaide A. Butler will receive $10,-
200 for the property at 903 Twenty
third street NV. without prejudice
to their claim to more" when the
case comes before a condemnation
jury.