Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-10-21
THE ROCK CREEK PARK.
MT. Cole Begins the Argument for the G
ernment.

Mr. Cole Begins the Argument for the Gov
ernment.
This morning, in the condemnation proceed
ings before the Rock Creek Park commission.
Gen. Colt submitted a brief written statement
in reference to tract No. As. Mr.. Coleman,
representing tract No. AZ, the Truesdell tract,
then proceeded to address the commission very
briefly, merely mentioning the names of the wit
nesses he depended upon to sustain the claims
of his client and asking that the commission
minutely examine and carefully consider the
testimony given. On this point he referred the
commission to the case of the Lehigh Valley
Coal Company agt. City of Chicago, nineteenth
Federal Reporter, relative to the weight to be
given expert evidence respecting values. This
closed the opening arguments for the land
owners and District Attorney Cole arose to ad-
dress the commission on behalf Of the govern
ment.
Mr.. Cole said that. as they had in,imated be-
fore, the counsel for the government would
have preferred to submit the case without argu-
ment; not, counsel for the land owners
claimed, because they were afraid or because
they had nothing to argue upon. but simply be-
cause counsel for the government believed that
the commissioners were fully competent to di-
gest the testimony and fair enough to render
therefrom just decision. Had he not known
better, he would, from q hearing of the argu-
ments of counsel for the land owners, have
been led to believe that this great government
was - mighty .Syrant, eluschins with =
owner and crushing the life out There
was no need for him or for any one else
to point out the absurdity of such q position.
The act Of the government in seeking to per-
petuate this great and benefcent project was
the act Of the people themselves, through their
legally appointed servants. and had for its
object the welfare of the people not alone of
this District, but Of the entire country. No act
of injustice, no act of hardship was imposed
upon the land owner by this purpose of the
government. for in the very act creating this
park Congress directs that a fair and Just CON-
pensation shall be given him for what shall be
taken from him. This instruction Of fair and
Just compensation had not but a single mean
ing as counsel for the land owner seemed to
indicate, but it meant fairness and justness for
the government no less than it did for the
owner whose Land was to be taken.
Mr.. Cole then entered upon a discussion of
the gold question. Nothing but prospect for
gold had. he claimed. been sought to be estab-
hshed by the owners, Messrs. shoemaker and
TruesdeiL The mere possibility, probability,
Of gold being found on their land was
all they had asked to be valued by
the commission. 1t was not q developed
mine, but the merest chance that a mine
existed for which they asked compensa-
ton. The history Of gold mining in this
entire section of the country is q matter of
which the commission may well take cogniz-
ance, and that history shows beyond dispute
that we're the cost of prospecting and mining
placed beside the receipts therefrom the expense
column would far exceed the profits realized.
1t was undoubtedly true, as has been said by
Mr.. Kirk, a witness for Messrs. Shoemaker and
Truesdell, that there was much more money In
selling prospects than there was in mining in
this section of the country. II the witnesses
for the government we're to be believed, and
there was no good reason why they should not
such was the belief Of these land owners One
of the most remarkable things testified to
by one of the witnesses for these gen.
tiemen was that for the Huddlestone
prospect in Maryland, which il IL alleged as
sayed from 800 to Sl00. 900 per ton, not pur-
ment was asked to pay for what has been re-
peatedly described as - mere trace of gold"
Without concluding the district attorn ney gave
away for adjournment, the commission doing
% ont Of respect to the late r J. Meigs.