Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-07-09
or build ships of war. This act of 1871 was rec
osnized in supplementary acts passed in 1872

or build ships of war. This act of 1871 was rec
o8nized in supplementary acts passed in 1872
and l793."
THE RIGHT EARLY RECOGNIZED.
The judge. after referring TO the Chesapeake
and Ohio canal case in 4th Cranch. page ISL. as
recognizing in some way the points contended
for. saws. More than sixty years ago the gov
ernment regarded itself as entitled to exercise
and did exercise this right within the District -"
and cites a number of cases OF condemnation
Continuing, Judge Hagner said: Indeed it is
difficult to Ind power of government whose
exercise in this jurisdiction is more amply al
lowed and justified by statute and practice of
the government than this, the constitutional
existence of which has been so positively chaI-
lenged. We have been thus at what NAV appear
to be needless pains to examine the ELECTIONS
Fortunately we are entirely satisfied the con-
tsntion is wholly unfounded."
TIE DETAIL OF ARMY OFFICERS.
The objection that the law was unconstitu-
tlonal because it designated the chief of en-
gineers and the Engineer Commissioner of the
District members Of the park com mission is
next considered, and the judge says: The
power of appointment to Office is not func-
ton SO intrinscslly executed that il necessarily
belongs to that department.. although it's nature
is executive. whether it be exercised by
court or by the legislature or by the Pres
ldent, and quotes Judge Cooley in 18th Nd,
large discretion in determining the means
through which they shall be executed and the
performance OF many duties which they may
provide for by law they may refer either to the
chief executive of the state, or at their option
to any other executive or ministerial officer, or
even to person specially named for duty"
and says: I'm conformity with this principle
Congress has repeatedly and In the most
marked instances in Il multitude of statutes
especially entrusted the performance of par
l.,,,n IL u
duties OF the same general description"
Many instances cited and Judge Hagner
adds: If these army officers are now serving
as members of the park commission at the seat
OF government it must be assumed they are
acting with the assent and under the orders of
their commanding officer, the President, who
must be aware of their occupation. Besides as
a Ma ority OF the board is empowered by the
law 10 act in all cases the three civilian men,
bers might legally discharge the dC ties of the
commission independently of the two army
officers if their appointment were Irregular"
THE PRESIDENTS POWERS.
To the objection that the duties deyolved
upon the President by the act are judicial in
their character and his cooperation in the
proceedings in the manner prescribed destroys
their character of impartiality the court saws:
proceedings to condemn land in exercise of
the right OF eminent domain are quasi judicial
III character and have been held as properly
as trials at law. But we do not see
that the statute enjoins upon the President or
allows him to participate at all in the trial"
TEey then show by the provisions of the acts
that up to the time the appraisers report to the
court the President has nothing to do with the
mol any right or opportunity to
interfere IN the valuation. 1t is only after the
juGicial act has been emphasized tina the Presi
dent shall! decide if the findings are reasonable.
He Is given no power to take the property
against the verdict of the assessors and can
only acquiese in their Judgment or decline to
accept the property and such power lis con-
stantly given tc the President.
THE rUTY OF The APPRAISERS.
To the objection that the amount of COM
pensation is limited to 81 200 600 the court
says: The commissioners are sworn to appraise
the value and must find in accordance with
their belief. IF the law limited the expense
to $40. 0O0, 000." the court asks would the an
pralsers be justified in valuing the land up to
the entire amount merely because that limit
Was named in the law. or if the sum named was
slO,0 OJ could 1t be supposed they would con-
form the valuation to what they plainly saw
cases the justice says: ave. of course have
no thought of intip,ating any likelihood that
such excess of valuation may occur. or that the
appraisers car lose sight of the double re-
-ponsibility that must weigh upon them with
equal weight-the duty to protect the people
lions and the equal duty to allow to the owners
a just yaiue for their lands. As the
government is bound to make just conIpensa-
ton for whatever it shall take from the indi.
vidual Is undoubted, and. in the words of the
Supreme Court O24 L. S.. 1850. 1T is to be as
sumed that the United States is incapable of
bad faith and that Congress will promptly
make the necessary appropriation whenever
the amount of compe psation has been ascer-
tanned in the mode prescribed
The citizen may well confide in the ultimate
justice of his government, the most generous
as ii is the most powerful and happiest on the
earth, 1t is conceded that this is public use
and the legislature is competent to decide this
point, and it is well settled that the con-
demnation of land for the purposes of
park is within this principle. If no
other ground" continues the judge, Eek
listed for its existence think the duty of the
government to obtain control of the entire
course of Rock Creek within the boundaries of
the District. to prevent its waters from being
polluted by factories. &c. bringing their
denominations into the midst Of the city to poi
son and affect the air. would afford sufficient
Justification for the attempt to save the coun-
try from such danger"