Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-04-15

The announcement in yesterdays SrAR that
the President had approved the values hxed
BY the appraisers upon certain tracts con-
demned for the purpose OF the Rock Creek
Park was received with the greatest gratifi-
cation by the people Of the District
1t was said that many Of the owners whose
land was taken would continue their fight
against the action of the government in seek
ing to acquire their property, but il was learned
today that but two interests represented would
further continue such opposition-the Messrs.
Shoemaker and Mr.. TruesdelL 1t is said that
these gentlemen will endeavor to carry the case
to the United States Supreme Court, urging
some Of the points that we're argued before the
Court in General Term Of the District
1t may be that other grounds will be urged
by them in their appeal TO the court, such as
unjust compensation, the want of authority
possessed by the Commissioners to take
templated by the act and similar grounds but
1T Is understood that these matters were fully
considered by the Attorney General and that
be advised the President that the Executive
done In approving the values fixed by the ap-
praisers for such an amount Of land as would,
together with the land already acquired by
purchase, bring the total amount expended
within the appropriation.
WHAT THE COMMISSIONERS WILL DO
Now that the President has approved the
values IL il said that as . meeting OF
the Rock Greek Park commissioners to
be held at Col. Casey's Office at 1890
tomorrow morning. the commissioners
will decide to deposit the amount Of money re-
quired to pay for the land in the hands Of the
clerk of the District Supreme Court II this
Is done, then the court would direct
that the amounts approved be paid
to the owners upon their establishing their
ownership in the lands designated The Presi-
the title to the land in the park
commissioners and at the same
time Of course established the right Of the
owners against the government to the amounts
in question, right which it is believed Con-
gress could not remove by repeal Of the act
establishing the park. The act is somewhat
ambiguous on one point
1t fails to state Just how the money shall be
paid to those owners, the value Of whose land
has been approved by the President 1t states,
ts that scs should refgs: use
amount shall be paid into court, and 1t is
believed, as stated, that the Commissioners
are OF the opinion that they possess the
authority to deposit the entire amount
in court with the request that the court direct
the amounts to be paid to the several owners
as they establish their rights TO the satisfaction
of the court
OWNERS OF EXCLUDED rRAcra
1t may be that some Of the owners whose
property, although condemned, was not finally
taken, will contend that their land having been
condemned and appraised right to recover the
valuation fixed by the appraisers was thereby
established. The authorities, however, do not,
1t is said, warrant such an assumption.
Condemnation is merely legislative decla-
ration that certain lands shall be taken
for public uses, and 1t Is only effective to the
extent Of compensation to the owner. Con-
demnation, therefore, it is held, 10 not
Judicial act and establishes, IL
is said. no claim beyond that of
one for damages done to the land or owner by
reason of the condemnation. In the matter Of
an appeal to the United States Supreme
Court by the owners mentioned, IL
is understood that the Government IL
confident that the action Of the
Court in General Term will be sustained in
every particular: counsel for the government
contending that every ground upon which
such an appeal is based has been covered BY
decisions Of the Supreme Court