Evening star., 1944-10-13
Site
Battle Under
Study byCourt
Government Says
Owners Have No
Right to Injunction

Justice Matthew F. Mcclure OF
District Court, has taken under ad-
visenent the controversy in which
st. Paul's Episcopal Church and
more than IL private property own
ers in square on Washington Circle
are trying to prevent the Federal
Government from condemning the
block for new 400-bed George
Washington University Hospital.
The jurist heard lengthy argu-
ments yesterday from Government
counsel, who contended the petit
TONERS had no right to the injunc-
ton proceeding at this stage of the
legal battle, and from several at
tornevs representing the petitioners,
who challenged the constitutionality
OF the law under which the condem-
nation proceeding was filed. The
Government filed motions to dis
miss the petitioners requests.
Favored by President.
Acting for the Federal Works
Agency, the Justice Department is
trying to acquire the square
bounded by Twenty y-second, Twen-
ty-third, 1 street, Pennsylvania
avenue and Washington Circle. Un-
der an allotment of s2,70O, 900, the
FWA has announced plans to raze
the entire block, and build a new
hospital for the university.
President Roosevelt authorized
Maj. Gen. Philip B. Fleming, Fed
eral Works Administrator, to pro-
coed with the project, it was dis
closed by Robert r. Macleod, JUS
tice Department attorney. He read
the Presidents letter in court, after
Roger j. Whiteford, counsel for st.
Paul's Church. s,id there had been
no evidence up % that time that
the President hal specifically ap-
proved the project.
The Federal attorney claimed
there was adequate authority for
the condemnation proceeding under
both the Lanham Act, and the Sec
ond War Powers Act. He also con-
tended the petitioners had no right
to seek an injunction in the matter
in which they had presented it. He
insisted remedy was to be had by
the property owners in a regular
condemnation proceeding.
Constitutionality of the laws in
volved was challenged by counsel
for all the property owners, princi-
pally on the ground that the Gov
ernment had no right to condemn
the property of one private owner
to give 1t to another private proper
ty owner unles it was for a war pur-
pose. Mr.. Macleod admitted the
university Is a private institution,
but insisted the Government still
had authority under law to take the
square.
Mr.. Whiteford reiterated the petit
tioners,. demand for a three-judge
court to consider the questions of
constitutionality, and insisted that
unless the Injunction case could be
considered now, ahead of the regular
condemnation proceedings, the
church and home owners in the
block might have no remedy in law.
The Government might take title to
the land and tear down the buildings
before a decision might be obtained
in higher courts on the questions Of
constitutionality.
Racial Question Raised.
Charles L. Norris, representing
eight householders, charged that
the provision of law permitting the
Government to condemn private
property of one owner to transfer it
to another directly violated the
Constitution.
Brooks T. Saunders filed petitions
in support of the injunction on be-
half of four colored property owners.
They contended Government funds
should not be used for benefit of an
institution, which would continue as
a private agency to exclude
Negroes"
In taking the case under advise
ment Justice M. Guire explained the
principal question before him was
whether there is a substantial con-
stitutionaI question involved.