Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-08-10
THE ROCK CREEK PARK CASE.
Mr.. Justice Harlan Refuses TO Grant . Writ
of ErrOr.

THE PRoCEEDINGs N THE DISTRICT COURTS WILL
NOT BE NTKRFKRED wIrH-FULL OPINION IL
THE CASE DELIVERED This MoRNINa-rHR
LEGAL FONTS DISCUSSED.
Mr.. Justice Harlan Of the United States Su-
preme Court delivered at chambers this morn
ing an opinion denying the application for q
writ Of error in the case Of the Rock Creek
Park proceedings now pending before the Dis
trict Court, the purpose of the application,
made by Messrs. Jere Wilson and T. A. LAM
bert, being to take the case before the United
States Supreme Court. Justice Harlan's opin-
ion was as follows:
This is an application, upon notice, for .
writ Of error in the case Of the United States o.
@. W. Cooper ct al, pending in the Supreme
Court Of this District The case arose under
an act Of Congress of September 9th, 1890. en-
titled IAN act authorizing the establishing of o
Public Park in the District of Columbia; the
first section Of which directs that tract Of
land lying on both sides Of Rock creek, in this
District, and within certain limits named in
the act, 'shall be secured, as hereinafter set
out, and be perpetually dedicated and set apart
as a public park or pleasure ground for the
benefit and enjoyment Of the people Of the
United states, TO be known by the name Of
Rock Creek Park: Provided ho,oeueT, That the
whole tract SO to be selected and condemned
under the provisions Of this act shall not exceed
1900 acres nor the total cost thereof exceed
the amount Of money herein appropriated"
26 Stat, 1872.
By the second section q commission, consist
ing Of the chief Of engineers of the United
States army. the Engineer Commissioner Of the
District of Columbia and three citizens to be
appointed by the President, by and with the
advice and consent of the Senate, was created
Ito select the land for said park, of the
quantity and within the limits aforesaid, and
to have the same surveyed by the
assistant to the said Engineer Commissioner of
the District Of Columbia in charge of the
public highways, which said assistant shall
also act IS executive officer to the said COM
mission"
The third, fourth and fifth sections of the act
are as follows:
''Sec. s. That the said commission shall cause
to be made an accurate map OF said Rock Greek
Park. showing the location, quantity and char
acter OF each parcel OF private property to be
taken for such purpose, with the names of the
respective owners inscribed thereon, which
map shall be filed and recorded in
the public records Of the District Of
Columbia, and from and after the date of
filing said map the several tracts and parcels
Of land embraced in said Rock Creek Park
shall be held condemned for public uses,
and the title thereof vested in the United
States. subject to the payment of just COM
pensation, to be determined by said commits
sion, and approved by the President of the
United States: PrOuided That such compensa-
ton be accepted by the owner or owners of the
several parcels of land.
THAT if the said commission shall be unable
by agreement with the respective owLers to
purchase all Of the land SO selected and con-
demned within thirty days after such condem-
nation, at the price approved by the President
OF the United States, it shall, at the expiration
OF such period of thirty days. make applica-
ton to the Supreme Court of the District of
Columbia, by petition, at general or special
term, for an assessment of the value OF such
land as it has been unable to purchase.
''Said petition shall contain particular de-
scription of the property selected and con-
demned, with the name of the owner or owners
thereof, if known, and their residences, as far as
the same may be ascertained, together with
copy of the recorded map OF the park; and the
required upon such application. with
out delay, to notify the owners and
occupants of the land, if known, by personal
service, and if unknown, by service by publica-
ton, and to ascertain and assess the value of
the land SO selected and condemned by
appointing three competent and disinter-
ested commissioners to appraise the value or
values thereof, and return the appraisement
to the court; and when the value or values
Of such land are thus ascertained, and
the President OF the United States shall decide
the same to be reasonable, said value or values
shall be paid to the owner or owners, and the
United States shall be deemed to have valid
title to said land; and if in any case the
owner or owners of any portion of said
land shall refuse neglect, after the
appraisement of the cash value of said
lands and improvements, to demand
or receive the same from said court, upon de-
posting the appraised value in said court to the
credit OF such owner or owners, respectively,
the fee simple shall in like manner he vested in
the United States.
$50 A That so;d courf NOV diroct Tho t;n,o
and manner in which possession of the prop
erty condemned shall be taken or delivered,
and may, il necessary, enforce any order or
issue any process for giving possession:
''Sec. 5. That no delay in making an assess
ment of compensation, or in taking possession,
shall be occasioned by any doubt which may
arise as to the ownership of the property or
any part thereof, or as to the interests of the
respective owners. In such cases the court
shall require a deposit Of the money allowed
as compensation for the whole property or
the part in dispute. In all cases AS
soon as the said commission shall have paid the
compensation assessed, or secured its payment
by deposit of money under the order OF the
court, possession of the property may be taken.
All proceedings hereunder shall be in the name
of the United States Of America and managed
by the commission"
The sixth section relates to the ascertainment
of the cost of the land, including expenses and
the assessment Of such cost upon the lands,
lots and blocks situated in the District, ''spe-
cally benefited by reason of the location and
improvement Of said park, as nearly as
may be, in proportion to the benefits re-
saulting to such real estate" This assess
ment being made, it became the duty
OF the commission to apply to the court for the
confirmation thereof, giving notice by publica-
ton OF its application. The court. it is pro-
vided, "shall have power, after said notice shall
have been duly given. to hear and determine
all matters connected with said assessment;
and may revise. correct, amend and
confirm said assessments, in whole or
in part, or order new assessment in
whole or in part, with or without further notice
or on such notice as it shall prescribe" The
act prescribed the mode in which payment of
the assessment for special benefits may bemade
after it is confirmed by the court, and of en-
forcing such payment by sale.
To pay the expenses of inquiry, survey, as
sessment, cost of lands taken and all other
necessary expenses incidental thereto the
sum of $1,000, 600 was appropriated out
of any money in the treasury not other
wise appropriated; one-half of such
sum, as we'll one-haR Of any sum annu-
ally appropriated and expended for tho MAIN
tenance and improvement of the park. being
made charge upon the revenues of the Dis
trict.
The commission, provided for In the second
section OF the act caused map Of the lands
proposed to be taken for the park to be made,
filed and recorded in the public records Of the
District. Being unable to agree with some Of
the owners as to price, application was