Evening star., 1954-10-20
High Court Weighs
Attack on Southwest
Rebuilding Project
By George Beveridoe

The Supreme Court had under
advisement today a legal ques-
ton that will determine the fate
of plans to raze and rebuild
vast areas of rundown south
west Washington.
The question, whether a 1945
act which authorized the city's
redevelopment programs is con-
stitutional. was argued before
the high court yesterday.
The challenge was brought by
the owner of a Fourth street S.W.
department store, which is to be
taken as part of the District
pilot 76-acre Area B redevelop-
ment project.
Under redevelopment, Congress
authorized the District Redevel-
opment Land Agency to take title
to land in areas designated by
the city, clear it Of existing
structures and sell or lease the
land to private investors for re-
building in compliance with a
specific plan.
Seizure Attacked.
Attorneys James c. Toomey
and Joseph H. Schneider, repre-
senting the estate of the late
Max r. Norris, struck directly at
the heart of this new attack on
slums and deteriorating areas
in their constitutional challenge.
Basically, they contended the
law should be killed because:
/. Private property can be
seized only for public uses"
And, they contended, the 1945
act permitting the sale of the
seized land to private investors
constitutes an illegal private
use" of the land.
2. The act gives the RIA "un-
renewable powers" to seize pri-
vate property without setting up
sufficient standards to define
and justify such broad powers.
Solicitor General Simon E..
Sobeloff, arguing in behalf Of the
Justice Department, the RIA.
the District Commissioners and
the National Capital Planning
Commission, disputed the chal-
lenge. He asked the high court
to affirm the ruling of a three
judge tribunal last November 20
which upheld the acts consti-
tutionality.
At the same time, however,
Mr.. Sobeloff struck sharply at
wording in the three-judge de-
cision that-while upholding the
acts constitutionality - raised
sharp questions about the limits
that might be imposed on ad-
ministrative agencies carrying
out the program.
Would Sterilize "Dicta."
He urged the Supreme Court
to "sterilize" some of the lower
court dicta which he said took
the form Of judicial reveries we
are afraid will have a serious
hampering effect on the pro-
gram"
One fear, he said, is that lower
court judges might feel con-
strained to observe the three
Judge wording in deciding fu-
ture cases which might be
brought before them.
Mr.. Toomey contended the
city has adequate police powers
to safeguard the community's
health. welfare and safety. But
he contested the broad new con-
cept that permits officials to
decide to take vast areas of
property-good structures along
with those admittedly slum.
The lawyer came in for
lengthy questioning about this
phase of his complaint. and
argued that one of the re-
developers main considerations
is simply the improvement of
"esthetics and beauty"
He contended many State laws
providing for redevelopment con-
tain standards which more
closely circumscribe the powers
Of administrative officials. II
the absence Of clear-cut stand.
ards. he said. the District act i.
an unconstitutional delegation ol
J legislative power to an agency.