Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-05-28
Judge H.gner decides that property owner

Judge Hagner decides that property owners
within the limits Of the proposed Rock Creek
Park must not cut down the trees or otherwise
seriously and permanently injure the property
in its adaptability for park purposes. Will not
property owners, whatever their views Of their
legal rights In the matter may be, accept this
decision as q reasonable limitation in the pub
Lie Interest," 1t would be extremely unfortunate
il the public and the property owners should
be forced through a controversy beginning in a
dispute over technicalities into bitter legal
fight threatening injury to the park project.
1t 10 characteristic of human nature that the
property owners should wish to obtain as much
from the public for their land As they can
possibly secure. Where all or practically all Of
their property is taken they viii Of course not
be satisfied with less than the full market price.
And it is thing to be expected that in many
instances they should prefer the assessment Of
a commission condemning their land 10 the
estimate Of Its value made by the present COM
mission under the known restrictions Of
stated appropriation and an approximately
fixed amount OF land to be selected. There are
evidently reasonable differences to be amicably
adjusted But II is not believed that the prop
erty owners, even without legal restraint, would
land chosen for park purposes, or that they, or
any Of them, enlisted against the park pro-
ject- Why then further contend for an alleged
right which will not be exercised, to the delay
Of the firm establishment of the park, in which
the public interest is so much involved?
It is doubtless remembered by those who
contribute to the park only small portion Of
their holdings, and that largely of rough land
H. L,~.l If H. ,I,lya
considerable extent for anything but park pur-
poses. that the park improvement and the
withdrawal from the market Of nearly two
thousand acres of suburban property will
materially increase the value of hat part of
their property which remains
Putting aside. however, all considerations of
selfish interest there are few projects to which
even gratnitous contributions of land could
more appropriately and more creditably be
made than to Rock Greek Park. There were
at the outset of the movement which resulted
in the creation Of the park indications of will
ingness to make such donations. One may,
however, be willing to give voluntarily with
due credit and not be willing to be compelled
to contribute through a seizure of his property
by the public and the allotment of a compensa-
ton believed by him to be entirely inadequate.
property owners VINO entertain these views,
while unwilling to admit that their property
Is worth no more than the price offered, and
while seeking the estimate of a commission of
condemnation. will of course be careful to so
conduct their protest and opposition that
neither the park project nor their own reputa-
ton for public spirit suffers damage.
After long labOrs Rock Greek Park, with all
the sanitary, decorative and material advan-
tages which it will bring to the capital, has been
established by Congress sum of money
adequate to create a magnificent park has been
appropriated No citizen Of the District will
be anxious to bring upon himself the discredit
Of destroying this grand and useful project.
If the money appropriated after condemnation
proceedings are had proves to be insufficient to
pay fairly for all the land selected, then the
park must be male smaller, or contributions
in money or land from public-spirited citizens
must supply the deficiency 1t will not be ad-
visable at this stage to reopen the question and
seek further appropriation from Congress.
On the other hand it may be put down as a
matter of absolute certainty that the people Of
the District of Columbia, with success in sight.
will not permit the Rock Greek Park project to
fail