Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-05-26
THkH MUST SPARE the TREES.
Judge Hagner Renders . Decision in the
Rock Creek Park Case.

4uAN AOSx SfAIsE yAE TkEES.
Judge Hagner Renders q Decision in the
Rock Greek Park Case.
sHoENAKRR THE BILL DIsM1ssEp AS TO
OTHERS - RIGHTS WHICH THE GOVERNMENT
OBTAINED As sooN A THE LIMITS OF THE
PARK WERE FIXED.
The principal business before Judge Hagner
| in the Equity Court this morning was the final
disposition Of the injunction proceedings be-
gun by the Rock Greek Park commission to
prevent owners Of land within the
park limits from despoiling the land of trees
or otherwise defacing its beauty. Mr.. R. Ross
Perry Of the park commission was present,
likewise Mr.. 7. A. Lambert, representing
Mr.. l.. p Shoemaker. one OF the owners
alleged to have cut down trees, and about
twenty other owners against whom no such
allegation was made; Mr.. VIM. Stone Albert
representing Thomas Blagden, John r. Dos
Passes and Mrs. 7. s. Dos Passos, Mr.. James
Coleman and others.
Judge Hagner proceeded to the announce
ment Of his decision almost as soon as the court
opened. 1t was an interesting exposition Of
the law governing condemnation. Many i'm
portant questions were raised in the case,
one of them being the right of the
government to exercise any control
| over the ground before the condemnation
proceedings were completed and title vested in
| the government. The constitutionality Of the
| methods provided by the law for securing the
land was also brought into question.
The court decided all these questions sub
stantially in favor of tho commission. 1t
| made decree enioining Messrs. John Beall
and l.. p. Shoemaker, the only ones alleged to
have cut trees, from doing anything tending to
injure the property for park purposes. As to
| the other LOG owners against whom it was not
even averred that they threatened to destroy
property the bill was dismissed, though the
court admonished all that if acts Of spoliation
| were committed o remedy could be applied
similar to that in the cases Of Messrs. BealI and
Shoemaker.
THE RIGHTS OF THE GOVERNMENT.
Judge Hagner said the first question was
whether the complainant had such rights in the
property as entitled it to maintain a suit for
injunction.
'.It cannot be successfully contended," said
Judge Hagner, that the United States has a
| title in proprietary sense in these lands ex-
cept as to such portions as it has purchased
from those proprietors who have accepted the
compensation determined and offered by the
commission created by the act in the manner
| specified in section 8. Although the express
sion Is found in that section that from and
after the filing of the map the several tracts
and parcels in said Rock Creek Park shall be
held as condemned for public uses and the
further expressions so selected and con-
demned.' such condemnation and selected
and condemnation are used in the fourth section,
it is clear they were not there used in the sense
the wcrd condemned bears when II is used in
describing the completion OF the proceedings
for taking land for public uses, where, after final
ratification OF the proceedings and payment or
deposit OF the amount assessed for the prop
erty, the government becomes the proprietor
clear of all Claims of the former owner. In
each Of the three cases described in sections
and it is expressly said (not-
outstanding the property is spoken of
United States only after the payment or deposit
OF the money, and in section it is further de-
clared that in all cases soon as the commits
| sion shall have paid or deposited the money
awarded possession Of the property may be
taken by the United States. excluding the idea
OF any right OF possession prior to such pay
ment.
RIGHT TO PROTECT FROM sPoLIATIoN.
But. nevertheless, am of the opinion that
the United States has such right in the parcels
OF land described in the map SO recorded as
entities it to maintain suit In this court in a
proper case to njoin the commission of such
acts Of spoliation Of the selected parcels as
would tend to the manifest injury Of the prop
pleasure ground for the benefit and enjoyment
OF the people of the United States. to be known
by the name Of Rock Creek Park
Congress has seen fit to declare that this
public park shall be created in the locality
and of the extent designated. As no public
lands are comprehended within the prescribed
limits it became necessary for the government
to acquire real estate in the described locality
from private owners, and as it was very improb-
able that the views OF the government authorities
and OF the owners would accord in all instances
as to the proper price of the parcels, it was
further enacted that in such cases proceedings
should be taken to acquire these parcels by
condemnation. The right of the govern
ment to resort to this method of secur-
ing possession and titleof private prop
erty for public uses, in the nature
Of things, belongs to every independent gov
eminent, in the exercise of its right Of eminent
domain defined by the publicists as extending
to the right OF disposing in case OF necessity or
for the public safety of all the wealth of
the country. In the language Of the
Supreme Court in Cherokee agt Kansas r. R.
Co.. 1876 U. S., 657, all lands held by private
owners everywhere within the geographical
limits Of the United States are held subject to
the authority Of the general government to
take them for such objects as are germane to
the execution Of the powers granted to it, pro-
vided they are not taken without Just COM
pensation being made to the owner This
right existed to the fullest extent before the
adoption of the fifth amendment to the Con-
stitution, exacting just compensation for the
property taken, which has been declared
to be merely limitation upon the use
of the power, 109 us. 513, US. against Jones'
As the act only pointed out the property to be
acquired in general terms before the proceed
ings in condemnation could be exercised it be-
came highly proper and requisite to define the
location and limits required for the park, and
a commission was constituted to perform this
duty. failure to make such selection pub
licly known would have worked an inconven-
fence and hardship to all property holders
in the vicinity Of the creek. The effect Of
this was to release all such land from the
claims Of the government for the contemplated
purposes. But with respect to the owners of
the parcels designated on the map it was a
public announcement that the government in
tended to exercise its unquestionable right of
appropriating their lands for this public pur-
pose. The several parcels were then segre-
gated ifrom the adjacent lands as the
lands which were to be perpetually
dedicated and set apart as the public park or
pleasure grounds established by the act This
proceeding under the law conferred such an
inchoate title upon the government as gives it