United States v. Mcintosh

• Decision Date: 30 December 1932
• Parties: UNITED STATES v. McINTOSH, and three other cases.
• Court: U.S. District Court — Eastern District of Virginia

2 F. Supp. 244

UNITED STATES v. McINTOSH, and three other cases.

District Court, E. D. Virginia.

December 30, 1932.

COPYRIGHT MATERIAL OMITTED

Paul W. Kear, U. S. Atty., of Norfolk, Va., and H. H. Rumble, Sp. Asst. to Atty. Gen., for the United States.

Edmond C. Fletcher, of Washington, D. C., and Thos. H. Lion, of Manassas, Va., for defendants.

CHESNUT, District Judge.

Findings of Fact.

1. On May 1, 1917, the United States being at war with the Imperial German government, and being in need of land for the establishment of a Marine Corps Post, leased from Quantico Company, Inc., an area of land at Quantico, Va., composed of three tracts or parcels of land; tracts 1 and 2 covered by said lease being owned by said Quantico Company, Inc., and tract 3 being held by the Quantico Company, Inc., under lease from Hugh B. Hutchinson.

2. The United States took possession of the lands so leased and in June, 1917, established a temporary marine corps post thereon. (Report of board of January 25, 1918).

3. On January 2, 1918, the Major General Commandant appointed a board "for the purpose of making recommendations as to the land necessary at Quantico, Virginia, for quartering, instructions, target practice and maneuvering of one brigade."

4. Under date of January 25, 1918, this board submitted its report (Government Exhibit No. 1), whereby it found and reported that the entire property consisting of approximately 4,900 acres, with all improvements thereon, as designated in said report and as outlined on a blueprint attached thereto, together with certain other properties marked in yellow on said blueprint, was necessary for the quartering, instruction, target practice, and proper maneuvering of one brigade; and recommended that said property be obtained at a total cost of $575,000. The area thus recommended for acquisition by the United States included all of the land then under lease from the Quantico Company, Inc., and other lands of the Quantico Company, Inc., not under lease, and in addition thereto a tract of approximately 1,200 acres and certain lots of land belonging to Hugh B. Hutchinson, and certain lands belonging to other persons, as designated on said blueprint.

5. On July 1, 1918, the said lease from the Quantico Company, Inc., was renewed for one year from July 1, 1918, or until such time as the United States should take possession of said land with a view to purchasing or taking over the same.

6. Congress, by act approved July 1, 1918, entitled "An Act Making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and nineteen, and for other purposes" (40 Stat. 704, 724 738) provided:

"Marine Barracks, Quantico, Virginia: The President is authorized to acquire under the authority and provisions of this Act all of the land specified in the report of the board appointed by the Major General Commandant, Marine Corps, dated January twenty-fifth, nineteen hundred and eighteen, at Quantico, Virginia, as a permanent Marine Corps Post, and the sum of $475,000, or so much thereof as may be necessary, is hereby appropriated for this purpose. * * *

"The President is hereby authorized and empowered, within the amounts herein appropriated therefor, to take over immediately for the United States possession of and title to each and all of the parcels of land, including appurtenances and improvements for the acquisition of which authority is herein granted and for which appropriations are herein made: Provided, That if said lands * * * and improvements shall be taken over as aforesaid, the United States shall make just compensation therefor, to be determined by the President, and if the amount thereof, so determined by the President, is unsatisfactory to the person entitled to receive the same, such person shall be paid seventy-five per centum of the amount so determined by the President and shall be entitled to sue the United States to recover such further sum as added to said seventy-five per centum will make up such amount as will be just compensation therefor, in the manner provided for by section twenty-four, paragraph twenty, section one hundred and forty-five, of the Judicial Code: Provided further, That upon the taking over of said property by the President as aforesaid the title to all property so taken over shall immediately vest in the United States."

7. Under date of October 31, 1918, the Acting Secretary of the Navy wrote a letter addressed to the President, the White House, calling attention to the above act of Congress, authorizing the acquisition of additional land for Naval purposes on the Great Lakes, at Puget Sound and at Quantico, Va., in which letter the Acting Secretary of the Navy stated, among other things: "It is believed that the military necessities justify the immediate taking over in accordance with the provisions of the Act of the land required for the Naval Service at the places above mentioned * * * I am of the opinion that the immediate taking over by the United States in accordance with the provisions of the Act referred to is a vital military necessity, and I accordingly recommend that appropriate action be taken by you in accordance with the provisions of the Act referred to whereby title to the several tracts of land may become immediately vested in the United States. There is enclosed herewith a draft of a proposed proclamation that it is believed will serve the purpose. This proclamation is believed to contain an accurate description of the land desired."

8. The United States at this time and at the time of taking over the said lands was still at war with the power above named, and the taking of said lands was a military necessity.

9. On November 4, 1918, the President, pursuant to the aforesaid act of Congress, approved July 1, 1918, issued a proclamation bearing date on the 4th day of November, 1918 40 Stat. 1874, taking over on behalf of the United States the title to all of the lands described in said proclamation, including three tracts or parcels of land described by metes and bounds, located at Quantico, Va., and needed for the permanent Marine Corps Base at Quantico, Va., and setting apart the said lands for naval purposes and bringing the same under the exclusive control of the Secretary of the Navy, who was by said proclamation authorized and directed to take immediate possession thereof in accordance with the terms of said act of Congress on behalf of the United States for the purposes aforesaid. By the said proclamation the President further authorized and directed the Secretary of the Navy to take such steps as may in his judgment be necessary for the purpose of conducting negotiations with the owners of the property, or rights therein, within the said tracts of land for the purpose of ascertaining the just compensation to which the owners thereof were entitled, in order that compensation therefor might be made in accordance with the provisions of said act. All owners of such land and improvements, and all persons having claims or liens with respect thereto, were by the said proclamation notified to appear before the board to be appointed by the Secretary of the Navy and present their claims for compensation for consideration by the said board, in accordance with the provisions of said act. All persons residing within the said tracts of land were thereby notified to vacate the same and remove therefrom all removable property within thirty days from the date of said proclamation.

11. The Secretary of the Navy, acting under authority of the President, appointed a board, hereinafter referred to as "The Board on Valuation of Commandeered Property," for the purpose of ascertaining the just compensation to which claimants of the said land and rights therein were entitled.

12. Among those who owned lands situate within the boundaries of the tracts of land described in the proclamation of the President on November 4, 1918, and specified in the report of said board on January 25, 1918, was Hugh B. Hutchinson, since deceased, and for whose estate Bruce McIntosh is trustee.

13. The said Board on Valuation of Commandeered Property notified the several owners of the land and property within the boundaries of said tracts of land, including the said Hugh B. Hutchinson, to appear before it and submit evidence with respect to the value of the lands or other rights claimed by them respectively.

14. The said Hugh B. Hutchinson appeared before the said Board on Valuation of Commandeered Property and submitted evidence as to the value of his said lands. The said Hugh B. Hutchinson was represented by counsel before the said board and throughout the transactions herein described.

15. All of the lands of the said Hugh B. Hutchinson involved in this suit were situated within the boundaries of the tracts of land described in the above-mentioned proclamation of the President, and all of said lands were specified in the report of the board of January 25, 1918, referred to in the aforesaid act of Congress.

16. The said Board on Valuation of Commandeered Property ascertained that just compensation to which said Hugh B. Hutchinson was entitled for his said lands including all right, title, and interest of whatsoever nature of the said Hutchinson within the area delineated by the President's proclamation of November 4, 1918, was the sum of $77,060. The findings of said board and the valuation fixed by it on said property, as aforesaid, were approved by the Secretary of the Navy.

17. The said sum of $77,060 was in this way ascertained by the President to be just compensation for said land.

18. Under date of March 6, 1919, the said Board on Valuation of Commandeered Property notified the said Hugh B. Hutchinson of the amount ascertained, as aforesaid, as just compensation for the lands and property of said Hugh B. Hutchinson, and informed him that, if the amount thereof was unsatisfactory to him, he had the right, under said act, to...