Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-10-19
UNCLE SAM CLAIMS THE GOLD.
A New Turn Taken in Regard to the Rock
Creek Gold Mines.

Creek Gold Mines.
| The Rock Creek Park commission resumed
their session this morning. Just before the
testimony was closed last week District Attor.
ney Cole reserved the right to introduce GER
tain documentary evidence when received and
| he introduced this evidence this morning.
This was in reference to the gold question
| and upon the strength of it the district attor-
ney moved to strike out from the record all
the testimony heretofore taken in regard to
| tho existence OF mines Of the precious metal
| upon the lands of Shoemaker and Truesdell
for the reason that the title to such mines. il
any. did in point Of fact exist in the United
States, and not in individual owners. He took
the ground that any allowance to such owners
OF an increased value for their lands would
simply be making the United States pay for
what was already its own, and he traced the
title OF the government In the following man
ner from tho King Of England as lord para
mount:
Charles I in the eighth year of his reign
Q632) granted the lands in Maryland by metes
and bounds to Lord Baltimore and his heirs
and assigns, and in the language of the grant
Tor charter. as it ia generally called, more
over all veins. mines and quarries, as we'll
opened and hidden, already found or that shall
De found within the regions, islands and limits
Aforesaid, OF gold. silver, gems and precious
stones and any other whatsoever, whether they
be OF stones or metals or of any other matter
or thing whatsoever" he (Lord Baltimore)
yielding unto the king and his successors yearly
two Indian arrows of those parts and ''also the
nfth part OF all gold and silver ore which shall
from time to time be found within the afore-
said limits"
The Shoemaker and Truesdell lands fall
within three tracts granted by the proprietary of
the province of Maryland for the time being !;
one of these tracts was granted to james White
bypatent March IS, 1772 for ISL acres, under the
name OF mill Seat," one was granted to John
Powell by patent May l6. 1874, for los acres
under the name of Addition to Fellowship"
and the other was granted by patent to Thomas
FIetchall and Charles Beall by paten December
10, us, for 200 acres, under the.name of Good
Luck Copies of these patents were given in
evidence, and they show in each reservation
and exception to the proprietoy of "Royal
Mines
The district attorney cited the confiscation
of acts of Maryland during the revolution
vesting title in the state to the property of
Henry Hartford, the last proprietary of the
province, as British subject and adherent,
which acts have been sustained by the Supreme
Court OF the United States; and he claimed
that by the act of the legislature OF Maryland
OF December 19, 1871, known the act of ces-
sion, the state coded and relinquished to tho
congress and government of the United States
all Its rights in the premises, including the
right to the mines excepted in the patent.
argument of the motion might be taken up at
another time, and that he now gave the points
upon which the government would rely for the
information OF counsel on the other side.
1t was then agreed that the matter should be
discussed in the general argument of the case.
ARGUMENTS FOR THE LAND OWNER.
MIR. Randall Hagner, in commencing his
argument, said his was the misfortune of hav-
ing had all the good things he had thought Of
said before him. He then briefly reviewed the
lands OF his clients asking the commissioners
TO remember that a preponderance of the testi-
mony was always in favor OF the land owner.
MIR. A. b. Duyall was the next speaker. He
wished the commissioners to remember that
there really was no actual necessity for this
park. He welcomed its creation, but he wanted
the government to pay the full market value.
He knew that the distinguished chairman Of
this commission would not go into a toy store,
throw down quarter and demand dollar toy
for it; and yet this was the position of this
great and wealthy government in this case. He
had no words OF condemnation for the govern
ment witnesses. They had it was presumed,
acted under an imagined sense of public duty.
Nevertheless there was an utter failure on their
part to establish their claim as being experts
In real estate values. The governments coun-
sci had stated that bona fide homestead owners
should be literally dealt with. Such sentiment
was not only humane, but it was also the per-
lection Of justice. The speaker represented
two such owners-Mr. Becks and Mr.. Gist.
Yet, MIR. Duvall claimed, great and powerful
newspaper IN this city, newspaper whose
power and influence was felt in every home in
this District. had taken occasion to belittle the
claim OF such owners. Such action, the speaker
thought was unfair and unjust.