Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-06-16
TWO CENTS.
THE PARK COMMISSION.
What Gen. Boynton Says of the Movement
to Discredit the Act

Gen. H. v Boynton, q member Of the Rock
Creek Park commission, whose opinion Of the
movement to discredit the Rock Greek Park
act as unconstitutional was asked by q SrAB
reporter said:
Il am no lawyer, but applying that modi-
cum OF common sense which any citizen may
claim to possess. should say that some Of the
propositions made by these gentlemen are nom
sensica When it is asserted that the CON-
mission has no legal existence because Gen
Casey and Col Robert are not appointed
on the commission by the President
tne applicants for dismissal of the commits
sion petition seem TO lose sight of the fact
that these two members Of the commission
we're ofhcers of the government already and
,nat they are assigned to this duty which is in
hne with other duties they are often called
upon to perform.
MIssrArEMENr OF FACT.
"As to the second point that Congress has in
the act devolved a Judicial function upon the
President in the adjudication of awards. il is a
misstatement Of the fact. The President has
nothing to do with fixing the award by ap-
praisement. The commission is authorized TO
make offers within a certain limit and those
oilers must have the approval Of the President
Ihere Is nothing in the act authorizing the
President to adjust the awards.
Again, IT is complained that the owners of
the land are deprived of the right to have a
Jury determine the values The Court in GEN
eral Term in a decision in relation to the con-
demnation FOR the post Office site held that in
Its exercise Of the right of eminant domain no
such case arose between the United States and
citizen as required the intervention of a Jury
THE ACTION OF THE COMMISSION
They complain that because in the act Con-
gress has assumed TO control the action of the
commissioners designated to appraise the value
oil the property to be condemned and to
restrict the rights of the respondents
by limiting the amount which shall be
allowed In the aggregate for the pay
ment OF property embraced within the
limits designated as public park, that
Congress has undertaken to acquire the prop
erty within the prescribed limits of the pro-
posed Rock Creek Park without the consent of
the owners and upon a compensation limited
to fixed sum (sl ,2OO, COO, regardless, alto
gether, of the adequacy of this sum TO be a
Just compensation therefor.
Now the commission does not undertake to
appralse values and Congress does rot put any
limit upon the appraisement under condemna-
ton proceedings The commission is merely
authorized to make certain offers and Congress
mas limited the aggregate of these offers. Ii
these are not accepted, condemnation proceed
lngs are to be resorted to and the aggregate
OF the appraisements may be greater or less
than the offers by the commission or the limit
OF what the commission is permitted to offer.
congress puts no limit on the valuation that
may be placed upon the property under con-
domination proceedings"
IN COURT THIS MORNING.
This morning a number of the interested
parties appeared in the Court in General Term
and stated the fact that some Of the parties
linfants) had not appeared. The court directed
that guardians ad litem be appointed for such
and enlarged the time to answer
On the question as to naming parties to serve
as appraisers, the chief justice said the court
would receive suggestions of names of parties