Evening star., 1944-10-30

Says Property Would Be
Turned Over to Another
Private Owner
Constitutionality of the Lanhan
Act was challenged in District Cour
today by Roger j Whiteford, coun'
sci for st. Paul's Episcopal Church
who claimed that the Government
is attempting to invoke the Lanhan
Act in a move to condemn the
church and other property for use
of another private institution
George Washington University Hos
pital.
st. Paul's and other property
owners in the square at Washington
Circle are fighting the Government
to prevent the Federal Works
Agency from taking the square fol
a new 400-bed university hospital.
Mr.. Whiteford told Justice Jesse
c. Adkins that the university is a
private institution under the terms
of the Lanham Act and it was un-
constitutional for the Government
to take private property of one
owner and turn it over to another
Terms of Lease Revealed.
Divulging for the first time the
terms of a proposed contract (not
yet signed) between the Govern
ment and the university, Mr.. White
ford said that under this arrange
ment the Government would lease a
project into which $2,700,000 of
Lanham Act funds had been in
vested at rental of $3.50 900 over a
period of five years.
Can you imagine a more profita-
BILE investment for George Wash
ington University than to rent a
S2,700,000 project at the rate of only
$4,000 year?" he asked the jurist
"The institution would be op-
Grated for George Washington Uni
versity's pocket under terms of this
lease" he declared. He charged that
such a rent would be a mere pit
tance" and that the lease was a
"subterfuge.
Mr.. Whiteford told the court that
the proposed lease also contained
provisions for sale of the present
university hospital and medical
school and the application of pro-
ceeds toward purchase of the new
I,Dc1tto1 of
to buy within the first five years of
operation.
Mr.. Whiteford drew distinction
between attempts of the Govern
ment to use both the authority of
the Lanham Act and the second
War Powers Act.
Reading from a letter by Presi-
dent Roosevelt, authorizing the Fed
eral Works administrator to pro-
ceed in the matter, the church
counsel emphasized that the Presi-
dent named the Lanham Act only.
But, he continued, when the
Justice Department went into court,
1t obtained from Justice Daniel
O'Donoghue an order taking the
square under the authority of the
Second War Powers Act. Under this
war act, Mr.. Whiteford said, prop.
erty can be acquired only for war
purposes.
Robert R. Macleod of the Justice
Department will present the case
for the Government. Other counsel
representing private property hold
ers were in court and may join Mr..
Whiteford in his presentation.
Justice Adkins has before him a
number of points in law in the con-
demnation case. Property owners in
the square concerned, bounded by
Twenty-second, Twenty-t third. I
streets and Pennsylvania avenue
NV, now have until December
to vacate. The FWA, however, has
been given the right, under agree
ment between opposing counsel in
the case, to move its equipment onto
the square and drill so-called test
borings Oh any unoccupied piece of
the square. No test" borings would
be made through a floor of any
building.
If regular condemnation proce-
dure is pursued, the Government
will deposit funds with the court
from which property owners coulo
withdrew specified amounts imme-
diately, pending final determination
of the price by condemnation jury
in District Court.
Racial Question Raised.
Constitutional objection to the
Governments proposal to take the
square was raised also by Brooks
T., Saunders, who told the court his
four clients, property holders in the
square, were Negroes, like himself.
He charged that the university ex-
cluded Negroes from its facilities
and, therefore, could not under the
law be considered as devoting itself
to public use.
Justice Adkins ruled this point
was not a question for the court,
adding, THE court has no right to
dictate what they George Wash
ington University should do in the
future" He said the issue raised
by the colored lawyer should be left
to arrangements between the con-
demning authority, the Govern
ment, on the one hand, and the
university on the other"
Provisions of the Lanham Act, re-
curing that property used for pub
lie works should be operated with
mo discrimination" on the basis of
race, creed or color, had been read
to the court earlier by Mr.. White
ford.