Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-08-24
WASHINGTON NEWS AND GOSSIP.

The WATER WORKS APPRAISENENr CASE
We publish below the note Of Mr.. Pendleton,
attorney for the Great Falls Company-becauss1
he seems to suppose that the newspaper have
carelessly permitted unfair and uAtruthful re-
ports of the late trial at Rockvilis to be made
through their columns by anonymous and ire
sponsible agents. = ~ q E
For ourselves, We take no side in this matter.
We suppose the Government quite able to take
care of itself; and it seems to have omitted no
means of doing so, for it was represented by
four eminent and learned counsel at the trial.
who are admitted to have distinguished them
selves by extraordinary efforts. The private
parties seem to have been equally we'll pro-
vided.
What the public at large have to do with it,
more than with any other question Of damages
or compensation between private parties and
the Government, we are unable to perceive.
If the Government wants the property, they
must agree on the price if they can. If they
cannot a,yree. then Maryland has authorized
the Government, by special enactment, to con-
denim the prC perty required by means of q jury
Of eighteen free-holders. One or the other Of
these rsoaes seems to US to be the only way in
which the price can possibly be settled.
The Govern.aent has had one jury, and, un-
less it has acted corruptly, will probably ac-
cept its verdict. IL it aid so act, then it will
have another jury, and probably will so termi-
nate the matter-else i; will supply itself with
water from some other sousce. As to taxing 1T
without the sanction of a jury, we do not COM
prehend how that can possibly be done !;
for m aIiowipO the 70 fhero
at all, Maryland has provided by special law
the mode of settling the price. From that tri-
bunal there is no appeal, except 10 set aside
for cause. And then, we understand, the mat
Their begins as at first the new jury as the old,
being judges Of the whole subject, viii bout the
assistance of any court.
We may not dismiss this subject without
adding that, in view Of all the facts involved,
it strikes US that the Government have quite as
much to lose as to gain by risking another Jul. .
trial of this question; riparian rights being as
well settled in law and as clearly defined as
rights to any other description of property
known as such under the institutions Of modern
times. However, that is a matter to be deter
mined by the superior wisdom and information
of the public fuDctionaries who, being possessed
of far more information in the premises than
we have, are far better qualified to judge in the
case.
THE APPRAIsEMENI CASE.
To the Editors Of the National IntsLigeneer:
GENTLEMEN Your paper of this morning
makes statement in respect to the trial Just con-
Guided at Rockville which requires explanation,
especially erroneous articles bave appeared in
several city papers of the same date. Ii is man.
ifest that the journals of the city have any
possible motive to make any untrue or unfair re-
port, and, indeed, it is perfectly apparent that
this entire batch Of misrepresentation have a
common paternity, they have an obvious and
common aim, in which those journals can have
no pdItci patton
"a member of the jury) casually In the city,
called my attention to the statements have adj
verted to, and treasured me Of what had alret-
dy understood to be the truth Of the case
The truth OF the case-as perfectly well known
at Rockville when the verdict was rendered
was that on the first balloting of the jury there
were three for 5000 for S250, 900 four for
S2OO,OJO, one for Sl75,OOO and two for $50 ,OCO
giving an average of precisely S275 900; the
twelfth man voted fors $40 600 afterward, for
500 ,UUO and finally united in the verdict Eleven
jurors after many Efforts, settled 500, 600 and
adhered to that position until il was found that
they must abate IS per cent. Of their minimum
e: hmate, or break up the inquisition without
any result. Now, for the two men w no were for
lone CENT and the two who were for "one dol.
lar, a. stated by your informant, il must bs.
apparent to every one TIT neither of those gen
temen could have supposed or intended to imply
by such d ballot that such d sum was fair com
PensHtion for the property condemned. But If
such thing Is supposable Of any man with the
smallest Particle of right Intention OF Common
sense, II Is TO their vindicattOn, disproyen by
notorious facts. Ii was publicly and repeatedly
stated, that the highly respectable foreman OF the
jury, himself one Of the five Il ssentients did
propose to allow So, OCO damages and that one
or more of the " One-cent'1 men, as their friend
describes them, did vote for that proposition !
state facts and notorious facts; and prom ounce
contrary statements false
1t is stated that both parties are dissatisfied
with the verdict. can speak for neither the one
nor the other, nor am informed Of any grounds
OF fact on which either party can lawfully over
ride the decision of the jury in respect to the mere
amount If damages or compensation to be paid
To the owners Of the property taken, that being
without qualification or appeal their peculiar
function 10 ascertain Should the Government
however, for any reason, desire a new inquest, l.
as one OF the counsel OF the Great Falls Compa-
ny, will use any influence have to come imme-
diately to that arbtrament; and if the finding of
the second jury does not double that of the hrs;
| will consent instantly TO another
The private parties have only desired TO obtain
the just value of their property. They offered 10
take Tor their property the average cost of similar
property, used for similar purposes, In the four
largest Atlantic cities and that off .r WAS so far
entertained by the Executive as to cause an exam
ination and report under orders by Lieut.. Morton
OF the eng corps, which showed that at that
average price the parties here would receive over
a mill on of dollars for the supply not only of the
citizens, but for the of the navy yard docks
and other government establishments. as indica-
ted by Mr.. Jefferson and followed in the plan Of
the aqueduct The city of Baltimore, without
resortin9 to condemnations, purchased the prop
erty required for their supply Of water at cost
OF over S1Oc,VNO. much inferior in quantity and
value to the supply obtainable by this aqueduct
Ana the Government actually paid over S. 900 for
the water which supplies the fountain at the Can
| itol.
| presume the time has finally come when the
| executive Qhe President and SECRETARY of War;
will look into this matter, and, with their intel-
| ligence and impartialty, terminal controversy
| that should never have been of months dura-
tion.
| should the integrity of the jury be attacked, I
will say, that in long experience, | bavs never
met more respectable one. And I have no
doubt, that enough OF the same are left in the
county Of Montgomery, TO protect the citizen in
| all his just rights.
August 81, ISIS. JSo. g. PKNpLEroN
VIII the editor Of the Star please publish the