Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-01-04
OBJECTIONS TO THE APPRAISEMENT.
Rock Creek Park Property Owuers Oppose
the Awards Made.

the Awards Made.
RECEPTIONS FILED QUESTIONING THE coxsrrru.
TIoNALIrr OF THE ACT, ALLEGING THAT THE
GOVERNMENT OFFERED TESTIMONY THAT WAS
NOT IMPARTIAL AND THAT THE AWARDS ARE
uSFAIR-THE GOLD QUESTION.
This was the day set by the Court in General
Term for hearing the motion Of the govern
ment to confirm the report Of the commission
that appraised the lands included within the
| limits Of the proposed Rock Creek Park. The
| lawyers interested in the matter, both on the
government side and the side of the propertv
owners, we're on hand when the court opened a,
10 o'clock. There were present also number
OF the property owners.
The proceedings of the morning did not give
promise Of an immediate occupation of the
| Rock Creek Park by the government They
| indicated that counsel for property owners or
some of them were prepared or preparing to
| fight at every step and take advantage Of every
| legal point agains: the final confirmation Of
| the report. Chief Justice Bingham and JUS
tees James and Cox, who have heard all the
questions that have been argued regarding
the condemnation proceedings, were ON the
bench.
After the court had disposed Of some pre-
| lminary business District Attorney Cole rose
| and presented an order limiting the time
within which parties in interest who desired to
| do so could file exceptions until next Monday
with the understanding that the motion would
then be argued.
Judge Cox said it was his impression that
| the order made when the report was filed fixed
| a limit.
| Mr.. Cole said that the former order merely
| postponed consideration until today.
Mr.. Lambert referred to the fact that the
term of the court expired by limitation Satur-
| day. For his client he had already filed excep-
| tons to the report for the purpose Of the set
| Element of a bill of exceptions. He asked an
order extending the term of the court for the
purpose Of signing the bills of exceptions.
After some discussion en- order was made
with the consent of counsel extending the term
for the purpose designated until February /.
This ended the proceedings today.
EXCEPTIONS TO THE REPORT.
Exceptions to the report have already
been filed by Mr.. James Coleman, counsel for
Cornelia o. Truesdell, and exceptions similar
| in purport have been filed by counsel for Mr..
Shoemaker. Mr.. Colemsn's exceptions are as
follows:
First. The act OF Congress under and pur-
suant to which this said cause was instituted
and is now pending, and under and pursuant
to which the said commissioners to appra!se the
values OF lands in said park were appointed, is
unconstitutional and void. and the said court,
because thereof, is without power to act in the
commissioners, including the making Of said
appraisement and report, are void and of no
effect
Second. Because that by said report it APP
pears that the appraisement made by said
commissioners OF the lands embraced In the
said park as designated by the commissioners
appointed under said act Of Congress to locate
or define the boundaries thereof is in the aggre-
gate In excess OF the limitations to amounts
appropriated by Congress to pay for the lands
m in 0nyd rlaoAl.
act.
THE LAND VALUE EXCEEDS THE APPROPRIATION.
Third Because the said commissioners APP
pointed under said act to designate the lands
to be embraced in said park included therein
| quantity Of lands, the value of which, as eX-
hibited by the repor. of the appraisers was
largely in excess Of the appropriation made by
Congress, to wit, the sum of S12, 000, 900, the
| said act providing that the whole tract selected
and condemned shall not exceed, together with
all the expenses incidental to the condemna-
ton OF the same. the said sum of S12, DOC. 900.
Fourth. Because the said lands owned and
represented by this defendant hereinbefore
designated are OF an actual value largely in
| excess of the values fixed thereon by the said
commissioners in their said report, as appears
by the evidence on file accompanying the same.
Fifth. Because the report of the said COM
mlssloners as to the value Of tho several tracts,
owned and represented by this defendant is
contrary to the evidence.
Sixth. Because that in appraising the value
OF the said tracts hereinbefore referred to the
| said commissioners disregarded the evidence
submitted to them as to the full value of said
tract and, by reason thereof, fixed and deter
| mined the said value, regardless of said testi-
mony, at less than the actual value of said
| tract.
Seventh. For the reason that the said COM
| missiOners erred in receiving evidence offered
by petitioner against the objection of said de-
PENDANT and also erred in excluding evidence
offered by the said defendant on the objection
noted at the time on the records OF the said APP
pralslng commissioners, and which said sew
eral objections to the rulings thereon are now
referred to and made part hereof.
Eighth. Because the said commissioners did
not in their proceedings follow the instructions
| of the court
CONTRARY TO COURTS INSTRUCTIONS.
Ninth. Because the report of the said COM
missioners is contrary to the instructions OF the
court
Tenth. Because the court erred in the in
| structions given to the said commission, which
were objected to at the time by defendant. and
also erred in refusing instructions asked for by
this defendant, which refusal was also objected
| to at the time of giving said instructions.
Eleventh. And for divers and sundry other
| reasons appearing upon the proceedings had
| its report, this defendant being unable more
particularly to specify the same at this time for
| the reason that they have been unable to pro-
| cure and Inspect said report until o'clock on
Saturday, the I'd day of january, instant.
Twelfth. Because the court excluded from
the consideration of said commission the value
| Of mineral deposits of gold and silver on said
tract, and because, under the direction of the
court, the said commission refused to consider
| in fixing the value Of said tract. the value of
| the said deposits Of gold and silver on the
| same.
Thirteenth. For the reason that tho COM
mission received a large amount OF testimony
offered by the owners of said tract tending to
show gold-bearing veins of great value on said
| tract, which said testimony was recei ved with
out objection on the part Of the petitioners, and
| thereafter the petitioners offered on their part
large amount Of testimony regarding the cx-
tent and value Of said veins on said tract and
| that after said testimony had been received
the conrt instructed said commission to disre-
gard the same and to strike it from the record.
and directed them that they should not con-
slder the same in their finding regarding the
value OF said tract, and thereupon the said
commissioners disregarded said testimony and
| struck 1t from their record, all Of which was
against the objection and protest of the own
ers Of said property.
MISCONDUCT OF THE UNITED STATES
Fourteenth. Because of the misconduct of the
petitioner, the United States, in the proceed
i'm in,