Evening star., 1953-05-11
Ru|eSet May26
On Move 10 Kill
SIum Plan Suit
If Motion Is Denied,
Court Wants Case
Tried Same Day
By George Beveridqe


A Federal three-judge court
today set May 26 to rule on o
Government motion for a sum-
mary judgment against a suit
challenging constutionality of the
Southwest redevelopment pro-
gram.
If the Government motion for
dismissal is denied, the court
said it wanted the suit itself
tried that same day.
The special court. formed only
to hear questions of a serious
constitutional nature, is made up
of Judge E. Barrett Prettyman
of the U. S. Court of Appeals
for the District of Columbia and
Judges Edward M. Curran and
Richmond B. Keech of the u. S.
District Court for the District
Of Columbia.
Two suits. combined in an ef-
fort to keep the District Rede-
velopment Land Agency from &C
quiring commercial property in
the area slated for redevelop-
ment, have been brought by two
business property owners affected
by the slum clearance plan. They
are Mrs. Goldie Schneider, owner
Of a hardware store at TIC
Fourth street S.W.. and Max r.
Morris, owner of a department
store property at 712 Fourth
street S.W.
Sale to Investors Attacked.
The combined suits main COM
plant is that the RIA will take
the properties under the guise
of public use" and sell it to pri-
vate investors for rebuilding. 1t
contends this action is unconsti-
tutional.
The motion for dismissal or q
summary judgment was filed
only this morning by Assistant
United States Attorney Ross
ODonoghue, representing the
RIA, and Assistant Corporation
Counsel Oliver Gasch. represent
ing the Commissioners. Under
an earlier court ruling. all such
motions were to have been filed
by last Friday,
Since the plaintiffs attorneys
had not had time to study the
motion, the court gave them un-
til May 81 to file a reply and
set the hearing for five days
later.
Won't Dissolve Court.
At the same time, the court
denied a motion filed by Mr..
Gasch asking that the three
judge court be dissolved. He
based the motion on conten-
tion that the matter involved did
not raise grave enough conSti-
tutional questions to warrant the
special court and that the dis
pute's nature was purely local
one.
The court also refused to ac-
cept an oral motion for tenn
porary restraining order against
the RIA. 1t was requested by
Joseph H. Schneider. attorney for
Mrs. Schneider. his mother.
Bringing the suit with Mr..
Schneider is James Toomey, rep
resenting Mr.. Morris.
Both the business properties
are located in the 76-acre B
area, containing some Of the
city's worst slums. The RIA
already has selected a private
builder it wants to rebuild the
area after the agency obtains
all the land under powers of
eminent domain.
RIA Influence Charged.
Mr.. Schneider told the court
his mothers hardware business
already was being seriously af-
fected." He said RIA agents"
have been coming into the area.
talking to Mrs. Schneider's GUS
toners and putting the fear of
God into them" He charged
that the RIA officials have been
telling residents they would be
forced to move within a month.
RIA statements have not in
dicated that the agency planned
any such fast action, even If
moves are made that quickly to
acquire title to the land. Under
agency policies. no families will
be displaced until suitable new
homes are found for them, a
process expected to take about
two years. The agency has said
it hopes to carry out the pro-
gram without resorting to formal
eviction action.