Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-07-09
THE ROCK CREEK PARK.
Instructions Given to the Appraisers by the
Court Today.

Court Today.
TRB APPLICATION OF Nh. WILSON YoA THE
PROPERTY OWNERS TO FILE A DEMURRER
ION OF THE COURT.
Messrs. James L. Norris, N. ". Burchell and
and George J. Seufferle. the three commits
sioners named by the Court in General Term
yesterday to ascertain and appraise the value
OF the land in the Rock Creek Park. were
prompt in their attendance at court at clock
today, the hour named by the court.
District Attorney Cole and Mr.. R. Ross
Perry sat at one of the counsel tables.
Messrs. Jere Wilson, T. A. Lambert, ".
Stone Albert and Randall Hagner, representing
Rock creek property owners, sat at another.
Chief Justice Bingham and Justices Hagner
and James were on the bench. There were
score or more Of spectators in the room, in
GLIDING number of property owners.
After Mr.. Perry had read number Of the
papers in the case necessary to make the record
straight he presented the draft of the formal
order appointing the commission to appraise
the land. Before this was signed Judge Hag-
ner disposed of the application made to Ale
a demurrer.
THE OPINION OF THE COURT.
Judge Hagner read the portion Of the act
prescribing the duties of the Court in General
Term in relation to the proceedings authorized
by Congress in order to acquire the land for
the Rock Creek Park. The first duty of the
court, he said, was the appointment on the
petition OF the Rock Creek Park commission
OF the commission to ascertain and appraise.
The proceeding was not like one at common
law and the court was not required to proceed
by the strict rules Of common law proceedings.
\ ct the COurt had lot the City no had
before 1t "a few In number out Of the large
body OF citizens intsrested-have every
right that they could possibly be entitled
to. Judge Hagner referred to the demurrer
that had been filed, raising the same questions
that had been brought up in the objections
made to the petition He cited authorities
leading to the conclusion that the same Ques-
lions could not be again litigated in proceed
ing Of this kind. The court was expressly en-
joined by the law to appoint the commission
without delay. 1t was not due to any action of
the court it an appeal could not be taken in
the present aspect. Judge Hagner, however.
did not see how an appeal from an order of
this court everything demurrer could be
prosecuted any more successfully than an APP
peal from an order overriding other motions
in the case.
THE LEAVE TO FILE DEMURRER DENIED.
If the gentlemen had not awaited themselves
OF these rights it was their own negligence. He
read the paper filed by the counsel of the
Messrs. Shoemaker asking leave to file a de-
murrer. SO that an appeal could be taken. The
judge remarked that one proprietor out of
eighty-four desired thus to delay the execution
of law intended for the benefit Of the whole peo-
pie.
The court could not encourage such dila-
tory proceeding. Where would 1t stop? When
this appeal might reach hearing at the end Of
two or three years then another owner might
come forward and then another. 1t was Judge
Hagner thought. the duty the court owed the
public to discourage by every proper means
such delays The court therefore, denied leave
to file the demurrer.
Mr.. Wilson, after some discussion, announced
that he would appeal i'll one case from the rul-
ing of the court, denying the application for
leave to file a demurrer and in another would
apply for Il writ OF error.
The court having signed the order appoint
ing the commission Justice James read the in
structions Of the court to the commission
given to the commission that appraised the
post Office site.
THE INSTRUCTIONS.
The court instructed the commission to ap-
praise the fair market value of the property
with reference to the most advantageous use to
which it can be put by private persons or cor
porations.
If there are several interests. as estates for
life and remainder or leasehold and reversion
III ohS flaIcei thc proper 10 W dsCtr-
tain the entire compensation to be paid for the
fee simple not divided into successive interests,
and as If it belonged to one person, and then
to apportlon the same among the several par
ties in interest by deducting therefrom the
market value Of such life estate or leasehold.
''Iho market value of a lease is the present
value il money OF the remainder of the term
that il, what it would be worth (above the obi
cations of the lease) to an assignee pur-
chaser who was willing and able to assume and
>artAr all Tho Al lion fInn ..S thn
when unexpired term of lease is found
by the Commissioners to be of value they will
first fix and ascertain the amount of such
value in one sum, and then state the
amount that such sum is to be reduced
PEI month until the actual taking of the
property by the United States: and
If such lease expires before such occupation,
then the tenant shall not be entitled to any
thing, and the amount OF such reduction in the
one case and of the total Gisalowance in the
other shall be payable to the owner of the fee.
"Whilc it il proper to show how the property
is used. evidence of the uses to which it is
adaptable. it Is incompetent to go into the
profits of the business carried on upon the
property
business arising from removal, or for the "a
penses Of moving.
mo damages can be allowed for the loss in
the value of fixtures arising from removal
thereof.
whose only interest In the property is a tenancy
at will or by sufferance.
The commissioners will themselves view the
several properties, and they will also hear such
parties in Interest as may demand to be heard
touching the value of their respective
interests, and may take other testimony
to values: to which testimony they are
to give only such weight as in their judgment
it may be entitled to and they may in their
discretion, limit the number Of the witnesses to
be examined upon any particular branch of the
case.
The petitioners will first be given an oppor-
tunity to offer such evidence they may de-
sire touching the boundaries of the several
parcels embraced III the square; then
the several owners and other parties
in interest may introduce evidence in such or
der as to the particular parcels the commits
sioners may deem convenient, touching the
value Of their respective interests.
THE petitioners may then introduce evidence
in reply and the owners and other parties in
interest may introduce rebutting evidence
1.-The marshal will provide suitable accom-
modations for the sittings of the commission
in the court house building, and will in
person or by deputy attend their sessions
and preserve order during the same,
and will summon such witnesses as may be
desired by any party to tho cause. The
expense OF service of summons, as well as the
clerk fees for issuing the subpenas, and the
attendance fees of the witnesses are to be paid
by the United States as q cost incident to the