Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-08-10
upon which the present application for writ

H. In whole or In part unconstitutional and
VOID. the order denying the motion to dis
rndi within the meaning Of the statute author
lzing the denomination by the Supreme Court
OF the United States of the final judgments or
decrees OF the Supreme Court Of the District Of
sppc. issp0n sls entities. %i1 e
right to writ of error and
| to be heard in the former court upon all ques-
tlous involving the constitutionality Of the act
OF september "a, 1890, and the validity Of that
order; The only question, therefore, for me to
connder-the value Of the matter in dispute
being sufficient for the Jurisdiction of the
supreme Court Of the United States-is whether
the order complained of is "a final Judgment
OF the court below. And this question depends
supreme Court Of the District has, under that
act, over the appraisement Of the values of the
land condemned for the park.
was suggested. in argument, that that
order involved the substantial rights Of
the parties as much as any that the court could
make in the case, for that order. it is argued,
necessarily proceeded upon the ground that the
lands In question had been legally condemned
70 the use of the United States, and
s Una. nothing remained. so far IS re-
concerned, except to ascertain values, provide
Tor the payment thereof and make an assess
ment Tor special benefits. This, it was sug-
gested, must be so, if the appraisement Of
values, when returned to the court and ap-
proved by the President be conclusive against
respondents without action thereon by the
court other than to receive it from the hands
of the appraisers.
1t is unnecessary to consider whether q writ
OF error would lie to review the order in ques-
tion, II the act had vested the title in the
United States, upon the mere return Of the ap-
pralsement to the court and the approval of it
as reasonable by the President; for the act can
not De 80 construed without ignoring alto
getner the provisions Of another act that must
be read with the act OF September a. 1890 for
the purpose OF ascertaining the intention of
Congress In respect to the matters involved in
this case. here refer to the sundry civil appro-
prlatlon act OF August 30, $780, by the second
section OF which board. consisting of certain
omcers, was constituted with authority to &C.
qulre, by purchase or condemnation proceed
ings, as in that act provided, the land necessary
Tor the government printing Office and the
needed storage and distributing warehouses in
connection with it.-26 Stat, 81, 412
The third section of that act is as follows:
'Sec. 3. That in the event 1t shall be necessary,
In order to carry out the purpose of the fore
going section, for the board as above corsti-
tuted to acquire land, said board is empowered
and directed to acquire the same by negotia-
can be so acquired and title secured at
price not above fair relative
value as to other lands which have been sold in
the immediate vicinity, or if the said board
hereby created shall be unable to purchase
said land by agreement with any one or more
OF the respective owners at a reasonable price
within sixty days after the passage of this act
they are authorized and directed to make ap-
plication to the Supreme Court of the District
OF Columbia, at any general or special term
thereof, by petition for the condemnation Of
such land not SO purchased and for the ascer-
tainment of its value.
such petition shall contain particular de-
scrlptlon OF the property not SO purchased and
selected for the purpose aforesaid, with the
name OF the owner or owners thereof and their
residences, SO far as the same may be ascer-
tanned, together with q plan Of the land pro-
posed to be taken; and thereupon the said
court is authorized and required to cite
all such owners and all other persons
interested to appear in said court at a time to
be fixed by such court, on reasonable notice to
answer the said petition, and if it shall appear
to the court that there are any owners
or other persons interested who are
under disability the court shall give
public notice Of the time at which said
court will proceed with the matter of condem-
nation, and at such time if it shall appear
that there are any persons under disability
either who have appeared or who have not ap-
peared, the court shall appoint guardians ad
litem for each such persons, and the court shall
thereupon proceed to appoint three capable and
dlsinterested commissioners to appraise the
value of the respective interests of all
persons concerned in ! III lands, under such
regulations as to not:cc and hearing as to
the court shall seem meet. Such commission
ers shall thereupon, after being duly sworn for
the proper performance Of their duties ex-
anime the premises and hear the persons in
interest who may appear before them, and re-
turn their appraisement of the value of
the interests of all persons respectively
in such land, and when such report shall
have been confirmed by the court the Pres
ident of the United States SHALL if he thinks
the public interest requires it, cause payment
to be made to the respective persons entitled
according to the judgment of the court. and in
case any of such persons are under disability
or cannot be found. or neglect to receive
payment. the money to be paid to any of
them shall be deposited in the treas
ury to their credit, unless there shall
be some person lawfully authorized to receive
the same under the direction of the court, and
when such payments are SO made, or the
amounts belonging to persons to whom pay
ment shall not be made are 30 deposited, the
said lands shall be deemed to be condemned
and taken by the United States for the public
use. And hereafter, in all cases of the taking
Of property in the District of Columbia for
public use, whether herein, heretofore or here
after authorized, the foregoing provisions as it
respects the application by the proper officer to
the Supreme Court of the District of Columbia
and the proceedings therein shall be as in the
foregoing provisions declared"
1t is clear that this section must be read into
tue act OF september ~, loU, 80 lar as II Is not
inconsistent with the latter act. perceive no
difficulty in giving full effect to every provis-
ion in the act of September "a, 1880, after i'm
porting into it 80 much at least of the third
section of the act Of August 80, 1880, as makes
the confirmation ty the court of the appraise-
ment of values a condition precedent to the
vesting of title in the United States. 1t cannot
be assumed that Congress, when it passed the
last act, entirely overlooked the express pro-
vision in the act of August 80. $780, that ''here-
after in all cases Of the taking Of property in the
District of Columbia for public use whether
herein, heretofore or hereafter authorized"
its provisions, ''as it respects the appli-
cation by the proper officer to the Supreme
Court OF the District of Columbia, and the pro-
ceedings therein, shall be-" as indicated in the
third section Of that act. On the contrary, it
should be assumed that the act Of September
n, 1880. was passed intelligently, and, there
fore, in full view of the third section of the
act OF August 30. 1890, prescribing q general
rule applicable, by its terms, in all cases of the
taking of lands in this District for public uses
am of opinion that the title to the lands con-
demned for the park will not vest in the United
States, nor can possession thereof be lawfully
taken by the government before, at least the
formal confirmation by the court of the ap-
praisement Of values.
Independently of the act Of August 80, 1890,
there is much in that of September "a, 1890,
taken alone, showing that Congress did not
intend to invest the appraisers with absolute
power to determine the values of the land