Evening star., 1944-10-16
Court Extends
Dead|ine 10
Vacate Square
Legal Bottle Over
/ Condemnation of
| Church Continues

Snuf(U CONTINUES
Occupants Of the square on WASH
ington Circle which the Govern
nnent seeks for new 400-bed
George Washington University
Hospital were given until Decem-
Der to vacate their properties by
District Court Justice Jesse c. Ad-
kins today.
Justice Adkins acted on Gov
ernment motion to extend the dead
line from November /, previously
fixed by Justice Daniel w. O'Don-
oghue.
Meanwhile, the court battle over
the attempted seizure of the prop
erty continued with the filing of
several petitions asking that the
condemnation suit be dismissed and
the order to vacate the property be
set aside. Center of the dispute is
st. Paul's Episcopal Church, which,
with about dozen private proper
ties. would be razed to make room
for the new hospital if the condem-
nation suit Is sustained.
Agreement Change Disclosed.
A change in the agreement be-
tween the Government and George
Washington University in regard to
the hospital project also was dis
closed in court by Robert r. Mac
Leod, Justice Department attorney
who is handling the case for the
Federal Works Agency. Instead of
taking the property and building the
hospital on the square bounded by
Pennsylvania avenue, Washington
Circle. Twenty third street, I street
and Twenty-second street under an
ALLEGATION of funds, with the title
to pass to the university itself, the
Government now proposes to ac-
quire the property, build the hos
pital and keep the title. The Gov
ernment then would lease the prop
erty to the university for five years
with an option for the school to buy
the project.
These provisions were explained
by Mr.. Mcleod in presenting the
case and the details were fully out
lined in an amendment which he
filed to the Governments original
petition on the project.
No Comment by Counsel.
There was no comment by other
counsel in open court on this i'm
portant change in the proposed
contract between the Government
and George Washington University.
Justice Adkins set October "a as
the date for hearing all motions
presently filed in the case, but he
extended from today to November
is final date on which motions
may be filed by any other property
owners who may wish to answer the
Governments move to take the
property.
One of the principal protests. by
property owners through their coun-
sci has been that the Government
has resorted to unconstitutional
procedure in trying to condemn pri-
vate property for the purpose of
giving this property to another pri-
vate agency, or semiprivate agency.
George Washington University. The
protesting lawyers have told the
court that the Governments act was
not authorized even under the Sec
ond War Powers Act which tne|
United States has invoked in the
proceedings.
Bypass of Law Intimated.
1t was intimated informally that
the Government apparently was
shifting its position, to keep the
title of the property in the United
States, in order to bypass a consti-
tutional point raised by the private
property owners.
Roger j. Whiteford, counsel for
st. Paul's Church, filed a motion
protesting the condemnation and
the order to property owners to
vacate the square. He went to some
length in reviewing the charges of
uneonstitutionality which the church
had leveled against the proceeding
in hearing before Justice Mat
thew MCGUIRE last week.
Justice Mcclure has under con-
slderation the question of consti-
tutionality raised by several counsel
and also the question as to whether
the issues involved may be heard
by three Judge court.
Roosevelt Cites Bed Shortage.
The controversy over a shortage of
hospital beds in this community was
presented in another form before
Justice Adkins today. The Govern
ment, through Mr.. Macleod. in
amending its original order, Off
cially notified the court that Presi-
dent Roosevelt had found that there
was an acute shortage of hospital
facilities in this area and had ap-
proved the project proposed by the
FWA including the 4O0-bed hospital
for George Washington University.
On the other hand, Mr.. Whiteford.
in his motion, claimed there was no
shortage of hospital beds. To sub
stantiate this he claimed that the
new hospital constructed by Govern
ment funds in Bethesda for the ci-
william population was only about
half occupied.
In addition to Mr.. Whiteford other
counsel filing protests in court to-
day included Charles L. Norris, who
represented the owners of nine
pieces of property; Leo w Harring-
ton, a lawyer, who owns 928 Twenty
second street NV, and Arthur G..
Lambert, representing Mrs. Mary L.
Saunders, colored, 2211 street NV
Government TO Make Tests.
The Government under another
order signed by the court will not
take official possession of the square
at present, but will be authorized
to send its agents into the block to
make surveys and appraisals and
also may make test borings" on
land which is not covered by build
ings. The Government will not at
tempt to make test borings through
the floor of any structures. These
test boringS, Mr.. Macleod explained,
are necessary to determine the con-
dition of the soil for foundation
purposes.
Mr.. Macleod gave assurance that
these preliminary activities of the
Gnunrnntoy,f ~, tho no,,ar> Ill