Evening star. [volume] (Washington, D.C.) 1854-1972, 1952-12-28
City HeadsSe
Vote tuesday on
SIum Clearance
Donohue Welcomes
Test in Court for
Southwest Project
By GEORGE Beveridoe

BY George Beveridee
The District Commissioners said
yesterday they will vote Tuesday
on plans for the first 16-block slum
clearance project in the program
to rebuild Southwest Washington.
At the same time, Commissioner
F. Joseph Donohue Joined Federal
officials in welcoming a court test
of the face-lifting operations
legality,
A suit seeking to halt the pro-
gram on constitutional grounds
was brought Friday. on behalf Of
Mrs. Goldie Schneider. owner of a
hardware store at TIC Fourth
street S.W. The store. located in
the 16-block Project B area, will
have to be relinquished If the
project gets under way
Attorney Joseph H. Schneider,
who filed the petition in the U. S.
District Court for the District of
Columbia on behalf of his mother.
lost an attempt Friday to block a
Commissioners vote on the B
area plan.
Will Seek Injunction.
He told a reporter, however,
that he again will seek an injunc-
ton order from the court if the
city heads approve the plan.
One of them, Engineer Commits
sioner Bernard l.. Robinson. dis
closed for the first time yesterday
that he will vote to approve the
plan at Tuesdays board meeting.
Commissioners Donohue and
Renah Camalier said they will
withhold their decisions until
Tuesday. One reason, they said,
is that they want to await Citi-
zens' Advisory Council considera.
ton OF the plan tomorrow.
Mr.. Donohue, meanwhile, said
he anticipated that constitu-
tlonality of the program would be
tested" and that he was glad it
will come up as soon as possible"
Private Interests to Do Work.
He added. however, that he was
surprised the court petition named
the city heads as defendants.
rather than the District Re-
development Land Agency. Under
terms of the District Redevelop-
ment Act of 1945 and the Housing
Act of 1949. the RIA will conduct
the job of buying the redevelop-
ment land, clearing it and selling
it to private investors. These
private interests, under the pro-
gram would rebuild the neighbour
hoods in compliance with specific
plans.
Mr.. Schneider, as president OF
the Southwest Businessmen S
Association, has urged that BUSH
ness property owner be permitted
to improve their own interests.
His court petition asked that a
three-judge tribunal rule on
constitutionality of the two laws
involved.
His petition commended his
mothers property would be taken
without due process of law.
Eminent Domain Question.
| The main constitutional oues-
ton at issue is whether it is
proper for the authorities to use
the power of eminent domain to
take private property, then dis
pose OF it to private interests for
redevelopment. Mr.. Schneider
said there is no question about the
Governments right to condemn
land for public uses, such AS
schools or streets. But his petit
ton contends it is unconstitu-
tional to take it under the SEM
blance and guiSe of public use
and ultimately convey and APP
propriate said property for pri-
vate use and benefit"
John r. Searles. ir., RIA di-
rector, said that while he was
sorry about opposition to the plan,
ne thought it was we'll to have a
test case on it.
In some States, he said, the
Housing and Home Finance Agen-
cy has required such tests before
it would approve Federal funds
for redevelopment programs. The
HHFA advances two-thirds of the
cost of the projects.
Joseph Guandolo, HHFA esso-
ciate general counsel. said such
a case was not sought in the Dis
trict program by the Government
; because officials believe there is
no serious problem of constitutions
ality.
Nevertheless. the Schneider case
represents the first such action
i involving the Federal Constitution
The same constitutional ques-
!. ton raised by Mr.. Schneider, he
, said, already has been fought in
a number of States. But in each
case. he said. it has been raised
in relation to State constitutions.
Mr.. Guandolo said supreme
courts in seven States have ruled
that taking of land for redevelop-
ment purposes was not in violation
of State constitutions. In one
State, Florida. the taking was
ruled unconstitutional. he said.
e.L>J.,I>