Evening star., 1953-11-17
Fund 10 Press
Project Bright
nCourt Sought.
Business Group in
Southwest Votes
To Ruise $500
By George Beveridqe

among southwest businessmen
was under way today to finance
further court fight aimed at
halting the pilot slum clear
ance and redevelopment project
in Southwest Washington.
The purpose of the campaign
is to raise $500 for lawyer fees
and expenses to appeal a recent
Federal court decision, which
upheld the constitutionality of
the city's Redevelopment Act
of 1945.
1t was voted by the Southwest
BusineSSmen's Association last
night. About 35 persons at
tended the meeting, but a mo-
ton calling for the campaign
was approved by vote of only
Z to /.
The vote came after Attorneys
Joseph H. Schneider and James
c. Toomey told the businessmen
the appeal is the best chance
of halting. or at least delaying
the Area B redevelopment pro-
gram.
New Approval Suggested.
The two lawyers represent
owners of commercial proper
ties in the 700 block of Fourth
street S.W., both of which are
slated to be taken. In behalf
OF their clients. the two attor-
neyS filed suit challenging con-
Stitutionality of the redevelop-
ment act several months ago
A Federal three-judge court up
held the acts constitutionality
two weeks ago but raised sharp
questions about whether the &C
tual program exceeds the au-
thority of the act.
The decision, in fact, suggested
that the attorneys might amend
their pleadings to question spe-
clt1c actions of the District Re-
development Land Agency as il
affects the two properties. Such
an amended pleading would GO
before a single judge in the U. S
Cn1t1,,et,e 0lStrlet Court for the District OF
Mr.. Schneider told the group
last night that he and Mr.
Toomey intend to follow this
suggestion and amend the plead
ing.
He pointed out, however, that
such action would protect only
these two properties" He as
serted the attorneys would be
willing to appeal the constitu-
tlonal question. thus involving all
the property owners, but only il
the attorneys could be assured
OF financial backing.
Delay Seen Assured.
The lawyers. in repeated state
ments to the group. left no ques-
ton about their belief that a
constitutional appeal would force
the RIA to lay off the area 3
properties until the appeal was
settled.
Before the vote on the fund
raising campaign was taken, AS
sociation President Donald w
Mowbray asked how many of the
persons present would either con-
tribute or help with such solicita-
ton. About 10 members raised
their hands. After further dis
cussion, the campaign was ap-
proved by the 7-to-1 vote.
The motion to begin a fund
raising campaign was made by
E. F. Richter. operator of the
Capital Marine Works, Sixth and
N streets NV. Mr.. Richter was
named chairman of a Campaign
Committee which includes all
members Of the association.
Mr.. Schneider urged that a
decision on the financial back
ing would be needed quickly
since a limited time exists in
which an appeal can be made
He told the members he and
Mr.. Toomey were not Seeking
fees" but that without backing
they could not afford the expense
of the appeal.
Direct Appeal Possible.
Decisions of the special three
judge courts, which sit only to
hear constitutional questions
may be appealed directly to the
Supreme Court. Mr.. Schneider
and Mr.. Toomey indicated. how
ever, that they would appeal
first to the United States Court
of Appeals. Mr.. Schneider said
the appeal machinery might tie
the program up in litigation fol
as long as two years.
Mr.. Toomey said that. while
the lengthy three-judge decision
upheld constitutionality of the
act, his Interpretation of it was
that the judges indicated tacitly
throughout the decision that they
lean in our direction"
II think we should appeal this
decision" he asserted. II say
we're fools to close our eyes anc
not go further with it,"
The attorneys told reporter.
that. after filing the appeal
they would ask for an injunction
against further progress unit
the issue is settled. They stressed
that regardless of the consti.
tutional appeal, meanwhile, they
intend also to challenge in 9
lower court the conduct of the
program as it affects theil