, 1875-03-14
THE SOUTH PARK.
Fip Thousand Seven Hundred and
Fifty Dollars an Acre for
Swamp Lands.
The Testimony Of Leading Rea1-Tstate
Men Disregarded.



After more than three weeks trial tho Casa q
the South Park Commissioners 20. Dunleyy an
othess Was concluded, and yeoterdAy the tur
returned verdict for $455. $780, Nearly tw
yeaSs ago suit waa brought in the Unite
States Circuit Court by : Nr. Clarke, psopest,
cxner whoss land the Commissioners had seized
sgainst them to get it released The suit pro
g1essea to such = point that Judge Drum
snond Issued An order on the Com
missicncEs that they should. With,
arezsonahle time, commence proceedings for tn
condemnation OF ClsrAe's land in accordanc.
wilt law, or show cause why they should not hs
attached for their retaining possession Of it.
Soon after, the Commissioners, thinking dis
crerion tho better rart OF valor, began proceed
ings 10 the Circuit Court against Francis Dun
levy and the other owners OF The 60-acrs tract
bounded BY si1ty-third street on the north.
Sixty-seventh street on the south. the lake On
the east, and the South Park % the west. to
have assesscd the value Of this property. or, IN
e.he- words, for lts condemnation Tor park pur-
poses- -;
b-gan before 1u1se Rogers Feb. Is. and ended
practically With the close OF the arguments
Tho Say when tpea
agreed on a verdict, shich Was sealed, after
being out about tHenty-seyen hou1s- Il large
amount OF Testimony WAS taken, fifteen wit
nesses being examined on the part Of the Com
miss1ooers and sixteen on behalf Of the defend
aD.A The evidence also Vas. rs might have
been expected very conflicting and eontra-
dlctory. On the subject OF
TIE LAND,
sone OF the Witnesses thought that the low
~ lac ft.nh ha&%a @t~t$ ts
radga covered with scr1lb-oaks was preferable.
The tract WAS about equallv divided between
high and low, portion OF the latter being
scarcsiy above the level OF the Lake.
On the subject af
also another difficulty a1oBo. The south Psrk
Commissioners hare always etoutiy held that. by
the passage Of the act III 1869 creating park
th5 land was coc3emned+ and that owners Of
property could not obtain more for their land
Amaaoa Cook ys. tho South PARK Commission
cts, On appeal. the supreme Court, though rhe
precise question Was not before them, intimatei
that th. rule as to value was that it should be
the value at the tine Of the trial; that the CON-
r1ssioners acquitted no title until tho land had
been condamusd and thst the time at which lhe
condemnation KRs made, being the nearest to
the time Kheu the price asccrtatned would be
paid, was the period which fixed values. Tho
Gua1Ie u vu0Eo lA4setb Ma4 ID ACCORDANCE
Nth this ruling. Still another point Of dl{1i-
Guilty was rs to whether there included in the es-
innate of yal1e the extra r:so, caused BY the To-
c2tion Of tae park, to the lanas in 1t8 vi:inity.
The owners bad insisted thht the prica should be
based on the value OF the tract If it was cut up
Into lots and surrounded BY hepark. The Judge
hoseyer, charged the jury that they could not IN
e1ude IN their estimate any particular appreciation
caused to the particular tract in question BY the
location OF the South Par2 over or ac.cea IT, but
only sueh general increase in value ~ 1t might,
t. common with all the other lands in the r1cini-
+, havs enjoyed
The compla1nants' Witnesses, esliuating the |
land by the acre, though. it worth from $500 70
$4,000 au rcre, tho west bidge land being worth !
tls latter amount The witnesses for the |
tefendants, on the other hand. inclu5ins the |
9: the matter, aud, yiewtng the land a. minced |
Into lots 25z125 feet. and nine to tho |
hue, raised the estimate to from |
k7.000 to 90, 000- The average value OF the land |
per ncrc, rs estimated By the comp 'ainAnts' Wit
acsscs. Vas about 81, ,050 as estimated by the
si.aerses for the defendant $3.50, OF nearly |
S33 i front foot j
making 40 average Of them. and the meau price |
nil be found to be -, 200 per acre. or nearly so
'eE front foot. The jury seem in their consld-
:-a.lon OF tho c6so to have given greater weight
o tie testimony on behalf OF tho DEFENSE for
ney liked the yalue a: $5, $50 per acre, consider
l:s aoore the grand average.
1hs following is in tabular form
THE VERDICT.
md the amounts paid each- There were only
Inc actual rropertv-owners, the parties desig-
lated as Trustees be:ng%eithtr Trustees or
'estuis que truat, 10 whom the price is paid when
he owler hns given rrustdeed On the prop
srty: