(The material follows:)

1960 REPORT OF THE CITIZENS COMMITTEE TO SAVE LAFAYETTE SQUARE IN THE NATION'S CAPITAL

Belatedly, we wish to report on the status of the fight to save the old buildings on the east side of Lafayette Square.

Some 30 national and local organizations rallied to the cause in cooperation with the citizens committee.

The first effort to obtain hearings before the Senate Public Buildings and Grounds Subcommittee, before which legislation was pending, succeeded in that hearings were granted and held on May 23.

Proponents-supporters of the pending bills to save the buildings and to restore the Belasco-made a completely overwhelming argument for the record. The only substantial opposition came from Marvin Jones, chief judge of the Court of Claims, and Eugene Worley, chief judge of the Court of Customs and Patent Appeals, who argued that the site was needed for a building for them for convenience and that to switch to another site would cause too great a delay in construction of a needed court building.

At the hearings and in the behind-the-scenes maneuverings, they were greatly assisted by Judge Jack Martin, Court of Customs and Patent Appeals, who is a former administrative assistant of President Eisenhower (and the late Senator Taft) in charge of congressional liaison.

The opponents of the preservation legislation were taken by surprise when General Services Administration Franklin Floete, responding to the new pressure which had been built up in opposition to razing the east side of the square, testified that there was another, and perhaps better, site for the courthouse.

However, despite Mr. Floete's surprise move to accommodate our desires and despite the very convincing showing at the hearings, the Senate Public Works Committee voted to authorize the courthouse construction on Lafayette Square. Only when their vote was announced after a secret meeting was it revealed that Mr. Floete had been secretly forced to produce still another prospectus, putting the courthourse back on Lafayette Square.

It was clear that the lobbying effort of two or three of the opponents of the preservation legislation, namely the judges and their friends in Congress and in the administration, had succeeded in reversing Mr. Floete's recommendation and in forcing approval of the site for Judge Jones.

Efforts to obtain the support of President Eisenhower and Vice President Nixon for the preservation legislation were unavailing.

It would appear that the only remaining hope is intervention by a new administration next year. There is indication that the General Services Administration will not be ready to start razing the buildings for perhaps 2 years, giving us time for an all-out effort next year with the new administration.

Recommendation: It is urged that every effort be made following the inauguration in January to get the ear and the understanding of the new President. If he wishes, he can refuse to spend the money authorized for the new courthouse which the congressional committees have approved.

Acknowledgement: The committee and its officers wish to acknowledge with deep gratitude the highly intelligent and dedicated effort which has been made by people too numerous to list in the effort to save Lafayette Square. Only an invincible combination of behind-the-scenes politics and official apathy have robbed you of success to date. Certainly the absence of success is no measure of the devotion and effort brought to this problem by the many supporters of this committee.

The committee also wishes to thank and to acknowledge the help of Senators John Sherman Cooper, Edmund S. Muskie, Eugene J. McCarthy, and Ernest Gruening, and of Congressmen Frank Thompson and Harris B. McDowell, Jr., who made every possible effort in our behalf before and after the Public Works Committee's vote. Thanks go also to the Washington Post and Times Herald and the Evening Star for their fine editorials and their numerous news columns which supported us completely.

CARL LEVIN,

Chairman.

HOBART A. SPALDING,

Vice Chairman.

MARIE A. HURLEY,

Secretary.

BROADCAST BY PATRICK HAYES, WGMS, AUGUST 28, 1960, WOODWARD & LOTHROP Good afternoon. They did it out in Chicago. They did the unexpected and the wonderful. They saved an old empty building from being torn down for esthetic reasons alone, because it is an historic landmark, a theater, rich in memories, still attractive to the eye. The theater and building are known as the Garrick, built in 1892, 1 year after Carnegie Hall was built. It is a combination office building and theater, and in the heyday of show business it was one of Chicago's leading legitimate theaters. In recent years the theater was used only for motion pictures, and not too successfully, and the offices upstairs were occupied by tenants.

The march of progress in Chicago has produced a master plan for a huge downtown center which will involve tearing down a few blocks of old buildings, some of them tremendous in size, to make way for the new and even bigger buildings. The Garrick is just across the street from one side of this proposed complex of buildings, and its real estate and parking potential are obvious tear down the Garrick, build a new and bigger building, including substantial parking facilities. This is the modern, downtown, march of progress.

The owners of the Garrick applied some time ago for a wrecking permit from the city of Chicago. A citizens committee, headed by Mayor Richard J. Daley himself, intervened. The permit was refused by the city. The owners took the matter to court, seeking an action that would force the city of Chicago to grant the wrecking permit. This is where matters stood a few weeks ago when we commented on this Garrick situation, bearing in mind always the Belasco situation here in Washington. Last Tuesday Judge Donald S. McKinlay gave his decision, after a personal inspection of the premises and long reflection on the law involved. He decided that an architectural landmark can be saved, that a wrecking permit can be denied, that owners of a property such as the Garrick can be forbidden to destroy it even though they own it-and esthetic reasons alone suffice as a basis for his decision. The Garrick had been declared an architectural landmark in 1958 by the appropriate city commission.

There is a lot involved here, which might affect similar situations across the country. Judge McKinlay pointed out that what he was doing was essentially a new interpretation of a municipality's police power. He said that a clear legal right to a wrecking permit is not an absolute right when the public esthetic interest is involved. I think we should all pause here and say "Hallelujah." Judge McKinlay says that the public esthetic interest can come first in the march of progress.

In support of his decision, Judge McKinlay cited a 1954 Supreme Court decision which unanimously upheld the power of the District of Columbia to include in a slum clearance project the destruction of a department store that was in no way a slum building. He said that the Supreme Court held that District authorities had the right to decide that the District should be beautiful as well as sanitary and could consider artistic values in deciding what should be taken and what left. Are you listening, members of the Citizens' Committee to Save Lafayette Square? A judge out in Chicago is giving you the answers, from a case right here in the District of Columbia, on which he based his decision to save the Garrick in Chicago.

The Garrick case deals with the same values, artistic and esthetic values, but differs in that it upholds the power of a city to deny a private owner the right to destroy his own property. Judge McKinlay was frank to say he knew of no similar case. Lawyers for the owners promptly said that the decision would be appealed to the Illinois Supreme Court. That decision will be one to watch for. Meanwhile, it is more than encouraging to realize that there are a few Athenians among us in positions of influence. To return to the Chicago story of the Garrick Theater, and bearing in mind that the Belasco Theater here on Lafayette Square is in jeopardy, it is ironic to note that in Chicago a court saved the Garrick, while here a courthouse may lose us the Belasco.

S. 3280, INTRODUCED BY SENATOR JOHN F. KENNEDY

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Public Buildings Act of 1959 is amended by adding at the end thereof the following new sections:

"SEC. 18. The Administrator is authorized to conduct a joint study together with the National Capital Planning Commission and the Commission of Fine Arts, for the purpose of determining the feasibility of constructing, near the

Supreme Court of the United States, adequate facilities to house the Court of Claims, the Court of Customs and Patent Appeals, and the Tax Court of the United States. As soon as practicable after the date of enactment of this section, the Administrator shall submit a report on the results of such study, together with such recommendations as he may deem advisable, to the Committees on Public Works of the Senate and House of Representatives.

"SEC. 19. In keeping with the national policy of protecting and preserving historic American buildings and sites for the inspiration and benefit of the people of the United States, the Administrator shall preserve and maintain the Dolly Madison House, the Benjamin Tayloe House, and the Belasco Theater, on Lafayette Square in the District of Columbia, for historical, cultural, and civic purposes. The Administrator is authorized and directed to restore the Belasco Theater to a condition at least equal to its condition at the time it was acquired by the Federal Government. The National Park Service, and the District of Columbia Recreation Department, shall advise and assist the Administrator in the restoration and management of the Belasco Theater as a municipal art center."

[S. 3128, 86th Cong., 2d sess.]

A BILL To designate as national historic sites Lafayette Square and certain buildings in the vicinity thereof, in the city of Washington, District of Columbia, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Lafayette Square, the buildings known as the Dolly Madison House, located at 1520 H Street Northwest, the Benjamin Taylor House, located at 21 Madison Place Northwest, and the Decatur House, located at the northwest corner of H Street and Jackson Place Northwest, Washington, District of Columbia, are hereby designated national historic sites. Hereafter, so much of the property as may be in Federal ownership shall be administered by the Secretary of the Interior, pursuant to the Act of August 25, 1916 (39 Stat. 535), as amended, and in accordance with the purposes of the Act of August 21, 1935 (49 Stat. 666).

SEC. 2. The old Belasco Theater on Lafayette Square shall be transferred to the Department of the Interior, to be administered by the Secretary of the Interior as a municipal art center for the Nation's Capitol. The Secretary of the Interior is authorized and directed to restore the old Belasco Theater to a condition at least equal to its condition at the time it was acquired by the Federal Government. The District of Columbia Recreation Department shall assist the Department of the Interior in the restoration and management of the old Belasco Theater as a municipal art center.

[S. 3229, 86th Cong., 2d sess.]

A BILL To amend the Public Buildings Act of 1959 to provide for the preservation and maintenance of the Dolly Madison House, the Benjamin Taylor House, and the old Belasco Theater for historical, cultural, and civic purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Public Buildings Act of 1959 is amended by adding at the end thereof the following new section :

"SEC. 18. In keeping with the national policy of protecting and preserving historic American buildings and sites for the inspiration and benefit of the people of the United States, the Administrator shall preserve and maintain the Dolly Madison House, the Benjamin Tayloe House, and the old Belasco Theater, on Lafayette Square in the District of Columbia, for historical, cultural, and civic purposes. The Administrator is authorized and directed to restore the old Belasco Theater to a condition at least equal to its condition at the time it was acquired by the Federal Government. The National Park Service, and the District of Columbia Recreation Department shall advise and assist the Administrator in the restoration and management of the old Belasco Theater as a municipal art center."

[S. 3279, 86th Cong., 2d sess.]

A BILL To amend the Public Buildings Act of 1959 to provide a study by the National Capital Planning Commission, the General Services Administration, and the Commission of Fine Arts as to the best location for a new United States Court of Claims Building, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Public Buildings Act of 1959 is amended by adding at the end thereof the following new sections:

"SEC. 18. The Administrator is authorized to conduct a joint study, together with the National Capital Planning Commission and the Commission of Fine Arts, for the purpose of determining the feasibility of constructing, near the Supreme Court of the United States, adequate facilities to house the Court of Claims, the Court of Customs and Patent Appeals, and the Tax Court of the United States. As soon as practicable after the date of enactment of this section, the Administrator shall submit a report on the results of such study, together with such recommendations as the three agencies may deem advisable, to the Committees on Public Works of the Senate and House of Representatives. "SEC. 19. In keeping with the national policy of protecting and preserving historic American buildings and sites for the inspiration and benefit of the people of the United States, the Administrator shall preserve and maintain the Dolly Madison House, the Benjamin Taylor House, and the Belasco Theater on Lafayette Square in the District of Columbia, for historical, cultural, and civic purposes. The Administrator is authorized and directed to restore the Belasco Theater to a condition at least equal to its condition at the time it was acquired by the Federal Government. The National Park Service, and the District of Columbia Recreation Department, shall advise and assist the Administrator in the restoration and management of the Belasco Theater as a municipal art center. The Administrator is authorized to accept contributions of money, which shall be deductible for tax purposes, for the purpose of assisting him in the restoration of the Belasco Theater for cultural and civic purposes."

[S. 3280, 86th Cong., 2d sess.]

A BILL To amend the Public Buildings Act of 1959 so as to authorize a study for the purpose of determining the feasibility of locating the Court of Claims, the Court of Customs and Patent Appeals, and the Tax Court of the United States near the Supreme Court of the United States, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Public Buildings Act of 1959 is amended by adding at the end thereof the following new sections: "SEC. 18. The Administrator is authorized to conduct a joint study together with the National Capital Planning Commission and the Commission of Fine Arts, for the purpose of determining the feasibility of constructing, near the Supreme Court of the United States, adequate facilities to house the Court of Claims, the Court of Customs and Patent Appeals, and the Tax Court of the United States. As soon as practicable after the date of enactment of this section, the Administrator shall submit a report on the results of such study, together with such recommendations as he may deem advisable, to the Committees on Public Works of the Senate and House of Representatives.

"SEC. 19. In keeping with the national policy of protecting and preserving historic American buildings and sites for the inspiration and benefit of the people of the United States, the Administrator shall preserve and maintain the Dolly Madison House, the Benjamin Taylor House, and the Belasco Theater, on Lafayette Square in the District of Columbia, for historical, cultural, and civic purposes. The Administrator is authorized and directed to restore the Belasco Theater to a condition at least equal to its condition at the time it was acquired by the Federal Government. The National Park Service, and the District of Columbia Recretation Department, shall advise and assist the Administrator in the restoration and management of the Belasco Theater as a municipal art center."

[S. 3403, 86th Cong., 2d sess.]

A BILL To amend the Public Buildings Act of 1959 to provide a study as to the best location for a new building for certain courts of the United States, to preserve the Dolly Madison House and other historic buildings near the White House for cultural and educational purposes in keeping with the national policy enunciated in the Historic Sites, Buildings, and Antiquities Act, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Public Buildings Act of 1959 is amended by adding at the end thereof the following new sections:

"SEC. 18. The Administrator is authorized and directed to conduct a joint study, together with the National Capital Planning Commission and the Commission of Fine Arts, for the purpose of determining the feasibility of constructing in the area bounded by Pennsylvania Avenue on the north, Seventeenth Street on the east, New York Avenue on the south, and Eighteenth Street on the west, in the northwest sector of Washington, District of Columbia, or near the Supreme Court of the United States, adequate facilities to house the Court of Claims, and the Court of Customs and Patent Appeals of the United States. As soon as practicable after the date of enactment of this section, the Administrator shall submit a report on the results of such study, together with such recommendations as the three agencies may deem advisable, to the Committees on Public Works of the Senate and House of Representatives.

"SEC. 19. (a) In keeping with the national policy of protecting and preserving historic American buildings and sites for the inspiration and benefit of the people of the United States, the Administrator shall preserve and maintain the Dolly Madison House, the Benjamin Tayloe House, and the Belasco Theater on Lafayette Square near the White House in the District of Columbia for historical, civic, cultural and educational purposes and to further the purposes of the Act of June 5, 1860 (12 Stat. 35), chartering the National Gallery and School of Arts; the Act of March 3, 1863 (36 U.S.C. 251-253), chartering the National Academy of Sciences; the Act of March 3, 1891 (26 Stat. 1093), providing for a National Conservatory of Music; the Act of March 3, 1901 (31 Stat. 1438), chartering the General Federation of Women's Clubs for educational, literary, artistic, and scientific culture; the Act of June 3, 1906 (34 Stat. 804), chartering the National Education Association of the United States; the Act of February 4, 1913 (37 Stat. 660), chartering the National Institute of Arts and Letters; the Act of April 17, 1916 (39 Stat. 51), chartering the American Academy of Arts and Letters; the Act of July 5, 1935 (49 Stat. 457), chartering the American National Theater and Academy; the Act of October 26, 1949 (16 U.S.C. 468-468e), establishing the National Trust for Historic Preservation; and the Act of August 1, 1956 (36 U.S.C. 661-680), chartering the National Music Council. The Administrator is authorized and directed to restore the Belasco Theater to a condition at least equal to its condition at the time it was acquired by the Federal Government, and to accept contributions of money which shall constitute 'charitable contributions' for purposes of section 170 of the Internal Revenue Code of 1954 (relating to deductions for charitable, etc., contributions and gifts), for the purpose of assisting him in the restoration of the Belasco Theater.

"(b) The President is authorized to create such interagency committees and advisory committees as in his judgment may be of assistance in carrying out the purposes of this section. The provisions of section 214 of the Act of May 3, 1945 (59 Stat. 134; U.S.C. 691), shall be applicable to any interagency committee created pursuant to this section."

[From the Congressional Record, Mar. 6, 1961]

THE AMERICAN INSTITUTE OF ARCHITECTS DEPLORES THE APPARENTLY IMPENDING DESTRUCTION OF CERTAIN BUILDINGS FRONTING ON LAFAYETTE SQUARE AND THE CONSTRUCTION OF LARGE FEDERAL BUILDINGS IN THEIR PLACE

(Extension of remarks of Hon. Carroll D. Kearns, of Pennsylvania, in the

House of Representatives, Monday, Mar. 6, 1961)

Mr. KEARNS. Mr. Speaker, I have been assured by Joseph Watterson, editor of the Journal of the American Institute of Architects, that the American Institute of Architects "deplores the apparently impending destruction of certain buildings fronting on Lafayette Square and the construction of certain large Federal buildings in their place."