Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-10-07
THE PARK LANDS.
The Commission will Not Ask Fu rther In
structions From the Court.

The Commission viii Not Ask Fu rther In
structions From the Court.
Upon the opening of today's session Chair
man Norris Of the Rock Greek Park commits
sion rendered the decision Of the commission
respecting the question of the admission Of the
testimony Of Mr.. Merrick as to gold prospects
excluding the testimony. The commissioners
would, however. very much like the question
to be taken before the General Term at once,
If such step met the approval Of counsel.
Mr.. Simpson was recalled by Mr.. Coleman
and testified that be saw Mr.. Truesdell pan one
day on tract No AZ. His back was toward the
witness when he took out the specimens.
Mr.. George W. Jackson was recalled by Mr..
White and testified as to the overflow on Mr..
Whites land. About eight acres were subject
70 overflow on the basis of rise Of seven feet
rise greater than seven feet would cause
little, II any. increase of overflow because of
the peculiar lay of the land. He had. however.
no greater information or experience than that
possessed by members Of the geological survey.
With the exception of Mr.. Coleman the conn
sci for property holders here announced the
close Of their case.
At this point Mr.. Wilson, for the Shoemaker
estate, stated that as regards the question of
gold there was undoubtedly great diversity Of
opinion between their witnesses and those for
the government and he would suggest that Q
smart De sunk on these lands to the
S depth OF say fifty feet. If this were
equally with the government, and he would
agree to bind himself to abide by the results of
assays made from the rock thus obtained.
Mr. Perry declined to consider the propo-
sition, and the commission overruled the offer.
stating that it thought the Court in General
Term the proper authority to decide the
question.
DECLINE TO ASK FuRrHxn rysrRucrroNs
As to the question Of the Commissioners
going before the Court in General Term and
asking for further instructions the following
decision was rendered by Chairman Norris:
1--WE consider that the manner of conducting
these proceedings is not called in question 80
much as the result of our appraisement and
we feel that we fully understand the instruc-
tons given us by the Court in General Term
and to the best Of our ability We have en-
oeavored and are endeavoring to carry
them out according to our understanding. If
we ask for further instructions we would ques-
tlon the completeness of those already given
and thereby throw doubt on our action al
ready taken. Further, We do not consider
that we are competent to review the acts of the
Court in General Term. Further, there is only
one instruction in which the Court in
General Term has contemplated the posi-
blilty OF doubt arising, and that is
as to the necessity of making q
further view Of particular parcels (section l0).
We fail to find any other suggestion to justify
us In applying to them. If counsel on either
side desire to ask for themselves any further
instructions or notifications of the instructions
they are at liberty to do SO without any sugges-
uon from this commission to make their appli-
cation to the court"
At 80 the commission adjourned to tomor-
row morning, having first ordered that the
final argument in the case be begun on the 18th
instant.