Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-10-29

THE TREATMENT OF THE EVIDENCE BY GOVERN
MESr COUNSEL SEVERELY cRITIoIsrD-rHE
RIaHT OF EMINENT DOMAIN NOT DISPUTED,
But FAIR PAYMENT FOE LAND DEMANDED.
Judge, Jere Wilson in his argument before
the Rock Creek Park appraisers yesterday,
4 after referring to what he called the attack
made by Mr.. Perry on the land owners and their
witnesses, said that the gentlemen named as
Rock Creek Park commissioners we're on trial
before these appraisers. The act Of Congress
had not designated what lands should be taken
They had taken $50 acres, but there was but
u 200, 900 to pay for them, and 1t suddenly
dawned upon their minds that their only safety
lay in depreciation Of values They, there
fore, found themselves in a position where it
was necessary to do this and divide the
81 200 900 among them.
! He then called attention to, what he termed
was Mr.. Perry's unfair and undignified treat
| land owners. Mr.. Perry had said that the own
ers had the assurance to deny that they had
hawked their lands about in the market before
the park act was passed. Replying to that ne
would say that it took cheek of highly pol
| ished brass to make such remark as he had
made in this connection. In enc breath Mr..
Perry had stated that the only use to which
these lands could be put was for villa sites and
| in the next he had stated that they had no
| value except for park purposes As park
as attorney for the government he argued
that it was tit alone for park purposes.
ALLEGED INCONSISTENCIES.
Both Mr.. Perry and the district attorney had
grown eloquent over the fact that the govern
ment alone was able to preserve the beauty Of
the proposed park and its trees, but he would
say, right here. that these trees would never
be preserved until the government had gotten
rid of its so-called landscape architects. VINO
ruthlessly destroyed and felled the trees of
our squares and parks. Mr.. Perry had sol
EMMY argued that this beautiful country was
fit only for athletic cows and then in chaste
and bowery language had pictured it as 4
grand and ever charming land. fit for the re-
sort OF fading child-life and weary. WORKOUT
human nature. Mr.. Perry had sought to show
that there was unceasing opposition TO this
park on the part OF the land owners and had
said he hoped the park would not fail. The
latter delicate hint was a suggestion that I'M
less your finding within the limits of the
appropriation of 81 .2O0. 0O0 the park would be
defeated. But there need be no fear that If
your valuation exceeds that sum the scheme
will fail.
Mr.. Psrry-Judse Wilson. there is nothing
in my argument from beginning to end to JUS
| tify you in saying that said did not want the
park to fail.
Judge Wilson--You did say it, and appeal
to the commission and to the stenographer to
prove it.
Mr.. Perry-Not in the connection you use it.
Judge Wilson-Oh, well. now that the CALLED
jade winces, you seek to deny it.
THE COMPETENCY OF THE COMMISSION.
The speaker continued by asking what did
Mr.. Perry, the lawyer and student, know of
land values? or what did Gen. Boynton, gal
liant soldier and great newspaper correspon-
dent, know of them, or Col. Casey or Col Rob-
inson? They knew absolutely nothing of them.
Now. when they came to lay cut this park they
laid it out in zones. irigid zones, every one Of
them. For 1t was game OF freeze outfroIn the
very lightning Then, knowing nothing Of
these values, they called in experts to fix them.
Who they were no one knows and no one will
ever likely know.
A stranger would have supposed, after hear
ing MIR. Perry's argument. said Judge Wilson,
that the counsel for the owners denied the ex-
istence Of such thing as the right OF eminent
domain. They did no such thing, for the right
OF the government to take these lands or
indeed, any other lands, they freely and readily
| admitted. always provided, however. that a
compensation fair and just was paid for them.
OF that there could be no possible doubt. There
fore, it was not true that tue owners were here
In open and defiant opposition to the rights of
the government. They were here, represented
by counsel. for the purpose Of aiding. was
| their right, the commission in finding that
fair and Just compensation TO which they were
entitled under the Constitution and law of this
country. And SO obvious was this principle of
right and justice that the mere mention OF it
was all that was necessary. 1t needed no citing
! OF legal authorities to establish it. But.
Mr.. Perry had said. whenever the government
came to take a citizens lands there came a
struggle. Such contentious our fathers had
| foreseen, and they had in their wisdom pro-
vided for them by ordaining that In such cases
| the citizens shonid receive just compensation.
RIGHTS OF THE OWNERS.
Every element of value. said Judge Wilson,
| was property right for which the owner was
entitled to receive compensation. SO, too all
| the capabilities of the land, its prospective
value, its value as an investment. the antici-
pated growth Of the city toward it, all these
were elements of value such we're entitled to
consideration from the commission. and for all
of which the owners were, according to the au-
thorities already quoted, entitled to receive
just compensation.
Mr.. Perry, in his argument has asked what
had happened to bring about such prices as had
been testified to by the witnesses for the own
ers. In asking that question Mr.. Perry con-
tinued Judge Wilson, had seemed to forget
things no one else had forgotten. Here was q
| nation, the richest On the globe. whose future
lies beyond the possibility OF human prophesy,
and with population OF sixty-five millions Of
people. And here he was reminded OF friend
with whom he was driving out in the country
several years ago There had been a great
drought, the crops had failed and things
looked blue. Passing by little farm house
on the way some seven or eight little
tow-headed youngsters were seen play
ing about the door. There" said my
friend, pointing toward them, lis a crop which
never fails" SO, replying to his friend Perry.
he would say that was one Of the things which
happened
THE Growth OF WASHINGTON.
The government had expended over $780,
0OO, 900 in erecting its public buildings in wash
ington. The city had now become the social
as il already was the political center of the
country. 1t was, too, the scientific center of
ter. It's growth had not only beer phen ONE nal,
but it would be 80 in the future. According to
the late census there were but two cities in this
country with a population denser than the CAPT.
| tai city. All this was what had happened and
III II all could be found u sound and reasonable
explanation of the values set upon these lands
by the witnesses for the hand owners. Shrewd,
keen and far-sighted business men like c. c.
Glover and john ". Thompson had 40 need to
| ask what had happened. They were not like
| the man riding backward OH the street car see
| ing things only when they had passed,
| although he had TO confess he was;
else. like them. he would have bought land
| out where they and the California syndicate
mad purchased. Such nen not only knew
what had happened, but they knew also
just about what WAS going to happen; for they
knew Washington city must in it's rapid but