Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-04-29

4 SoIs Anc SOiuullBelOueTb, ~ III uuucIUtOOu,
| will bring this matter before Congress at its
next session and If possible get permission to
insert such a clause in each license.
Timber Cutting in the Projected Rock Creek
Park.
To the Editor of The Evening Star:
This afternoons issue of The STAR advises
me, for the first time that, in common with
some eighty-three other known owners of land
within the limits prescribed for the projected
Rock Creek Park, am made defendant to q
bill filed by the park commissioners to prevent
depreciation, &c. / am without further Infor-
nation touching the contents of the bill than ID
furnished by the local mention thereof to which
refer. Neither nor-sO far az / am aware
my co-defendants have been served yet with
process OF subpoena or the rule to show cause.
1t is my purpose, at the proper time, to meet.
without reserve, the legal aspects Of the case
which may be made by the bill. Suffice it to
observe. here, that the Federal Constitution
protects private property from appropriation
to public uses without (and, as is generally con-
ceded), in advance Of just compensation; that
until agreement shall have been effected with
the owner or due appraisement OF damages
shall have been made the title to the property
sought to be condemned cannot vest in the
United States under the provisions Of the park
act. and that until such title shall have vested
in the United States, the latter are powerless to
interfere with the dominion which the
owner is entitled, by constitutional
guaranty and the law of the land,
to exercise over his property. The correct
ness Of this position is illustrated by the fact,
everywhere judicially conceded. that until the
final award of damages has received appropri-
ate confirmation the sovereign may recede
from his contemplated appropriation absolved
from liability to the land owner. This could
not be the case, constitutionally, were the ini-
tial acts of appropriation attended by the
attributes OF ownership and Of title in the SOW
ereign.
As a law-respecting member Of this COM
munity, however, and the grateful recipient of
share Of its business confidence, do not feel
disposed to suffer the publication Of aspersions
30 injurious to me, in that character, without
an instant protest against their fairness and q
solemn denial of their truthfulness. No one
desires more earnestly than do the eventual
success OF the park scheme. i have exerted
myself, personally, in its behalf and may con-
hdently refer to the more publicly known adj
vocates Of the measure for confirmation Of the
statement that the project numbers among
Its friends none who has been more jealous
than myself. This being the Case the indigna-
ton with which find myself exposed to pubic
censure a violator Of civil order and O foe to
public improvement may be imagined. The
facts, which have been perverted to that end,
are briefly these: Several years ago l became
the owner Of six acres OF land at the bend
formed by the road in It's descent to the
bridge over the Rock creek at Pierces
MILL This location affords an admirable
site for a private residence and, as
use; Until la.ely it did not seem
probable that any part of the ground would
TALL within the limits of the proposed park l
therefore felt justified in expanding upon its
development and improvement between two
and three thousand dollars. These improve
ments embrace the construction of u roadway
for needed access, the clearing away of dense
growths OF underbrush, the removal OF stone,
trees. &c. Work in this direction had so far
progressed at the date when the commissioners
claimed to have filed their plat that it remained
only, in order to insure uninterrupted view
from the building site, to remove few trees of
comparatively insignificant appearance. Some
| OF these happened to stand upon the acre OF
ground which had been included by the COM
missioners within the park limits. They were
greatly disproportioned in number to the trees
which remained thereon and their removal does
| not justify the ridiculous charge that have
| 'wiiifully and wantonly cut down all the trees
growing upon that tract" In doing what
have done in this connection it must be obvi-
| GUS to every unprejudiced mind that my
| sole purpose has been to enhance the
Availability OF my ground Gncluding the por-
ton within the park limits) as a villa site and
| for that reason to preserve its natural beauties
absolutely intact; Could such a purpose be
| more foreign to the frantic one which the bill
ascribss to me Of destroying the most valuable
features OF my property in order to vent u
pltiful spite against and wage petty warfare
| with the agents OF the national government?
Such, however, is precisely the senseless and
| contradictory attitude which, in common with
my co-defendants, am made to assume by the
extraordinary proceeding instituted on behalf
| Of the park commissioners. Could ANYTHING
| be more abhorrent to reason or derogatory Of
| the just rights Of the citizenl
April 20. 1891. LOUIS P. SHoEMAKxR.