Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-05-09
ROCK CREEK PARK.
The Court in General Term Sustains
the Action of the Commission.
PAYMENTS TO BE MADE.
Justice james Announces the Decision of
the Court---The Commission Can Carry
Out the Intent Of Cougress---Titie May
Pass to the Government.


court In the case of the United States against
Glenn W. Cooper e. al, the Rock Greek Park
case, granting the petition Of the park commits
sioners for permission to pay into court the
amount of awards approved by the President
The court also decided the question raised as TO
interest, announcing that ii bad no authority TO
allow it.
Mr.. 7. A. Lambert, representing the Shoe
maker and Truesdell interests. gave notice of
an appeal from the decision of the court TO the
United States Supreme Court
At the reques; of Mr.. Il. Ross Perry, repre-
sentins the government, the court granted
him permission TO prepare the necessary order
as TO the cases. other than Shoemaker and
Truesdelrs, and it WAS at once signed. Mr.
Perry anticipates no reluctance on the part of
the treasury officials to promptly obey ;he de-
ci-ion and thinks that the money will be in the
possession OF the court tomorrow.
To GET TITLE AT ONCE.
BY this decision, il is held, the government at
once acquires title TO the tracts in question the
owners OF them. in order TO obtain the amounts
awarded, dealing entirely with the court. To
The court they will be required TO submit their
title deeds, and on their approval by the court
an order ON the clerk OF the court for the money
due them viii be issued in their favor. The APP
peal entered by the shoemaker and the Trpes-
the cases of the other owners.
THE DECISION OF THE COURT
Justice James. after reading the petition Of
the commission and the motion to pay into
court the awards. said: Tim. motion and
petition is met by motion on the part of GER
tain property owners to dismiss the petition
Tor reasons therein stated and on the part Of
another party by q demurrer. The general
proposition set forth In the reasons filed with
the motion TO dismiss is that nothing further
can be done under the statute.
1t is ceded by the commissioners that this
statute must be regarded as finaliiy. and that
no step can be taken either by themselves or by
the cour, or by the President. ihe validity or
effect of which must depend upon further legis
lalOn. Ii 1t Is not practicable and law
ful TO secure Q park on Rock creek
without doing some act which is not authorized
by this statute. then the acquisition of park is
no: authorized at all. 1t is insisted on the part
of the owners OF some of the parcels which the
commissioners now Propose 10 take that this
legal impoSsibiity has now been ascertained
and that their authority and that OF this court
to proceed further in the premises has come TO
an end
We understand the argument to be substanti-
ally az follows 1t was the intent of the legisla-
ture that the land shown on the recorded map
was the thing to be taken. The authority to
take applied therefore to that land. and to
neither more nor less. But the taking of that
land Is subject 20 q condition that it shall be
obtainabfe for 81 zoo, 900. As i. has been con-
clusively ascertained, in pursuance of the stat
ute, that the only taking authorized at all is
now impossible there can be no taking
These propositions rest upon the theory that
this statute shows, not general intent that
park should be established, but only a particu-
lar intent that a certain designated tract of land
should be taken for park, provided it could
be had for u certain price. And this con-
st n int 5l ha.a
tentlon that the recorded map was in
tended by the legislature to be in
effect Its own designation of the tract to be
taken; so that the statute is mandatory to the
effect that precisely the quantity of land shown
on the recorded map must be taken as an en-
tirety. This we understand to be a fair state
ment Of the method by which the conclusion is
reached, that if all the land exhibited on the
recorded map cannot be had for the price
limited by the statute, then nothing further can
be done in the matter OF park.
THE INTENT OF THE STATUTE.
SIT is observable that some Of the provisions
of this act are inartifcially expressed, but when
all of them are considered together, as of course
they must be. the intent of the statute is un-
mistakable. We are Of opinion that it ex-
presses. first. an absolute intent that there shall
be park on Rock Creek, second. that this park.
absolutely provided for, shall not exceed a
certain size nor cost more than a certain sum.
We are further of opinion that the subsequent
provisions Of this act, notably the provisions
! relating to the recorded map, were intended TO
be in furthsrance of the intent that a park
should actually be secured, though within re-
strictions as to size and cost, and were
not placed there with the intent that
they should, upon any contingency, operate
to defeat the undertaking entirely. In other
words, we are of opinion that the only fair and
reasonable construction of this act is that il in
tends that park, not exceeding 1000 acres in
area and not costing more than the sum which
Congress appropriated for the accomplishments
Of that purpose, shall actually be secured; and
intends also that the provisions of this statute
shall operate as the means of accomplishing
that end. We think the processes of interpre-
tntion and construction alike support this con-
clusion.
The first section of the act provides "that a
tract of land lying on both sides of Rock creek.
of a width not less at any point than 600
feet nor more than ], 200 feet. including the bed
of the creek, of which not less than 200 feet
shall be on either side of said creek south
of Broad branch road and Blagden mill road
and OF such greater width north of
said roads as the commissioners designated in
this act may select, shall be secured. as herein
after set out, and be perpetuaily dedicated and
set apart as public park and pleasure ground
for the benefit and enjoyment of the people of
the United States, to be known by name Of Rock
Creek Park: Provided, however, that the whole
tract 80 to be selected and condemned under
the provisions of this act shall not exceed 1000
acres. nor the total cost thereof exceed the
amount Of money herein appropriated.
The appropriation referred to is made in the
following words of the sixth section: ''To pay
the expenses Of inquiry. survey, assessment,
cost of lands taken and all other necessary ex-
penses incidental thereto, the sum of 81 400 600,
or much thereof may be necessary, is
hereby Appropriated" &c.
1t may be added that the title of this act is:
Gan act authorizing the establishing of public
park in the District of Columbia"
We suppose it would be impossible to express
more distinctly an absolute intent that q park
should be established. Unless the absoluteness
of the authority given by the broad language of
this first section is expressly limited, and is ex-
pressly or necessarily made to be wholly q con-
tingent or conditional authority by some subse-
quent provision, it must be held to be the fixed
and controlling intention Of Congress that.
somewhere within the limitations Of area and
cost, park may be secured by the commits
sioners.
THE DISCRETION GRANTED.
1t Is contended on the part Of some of the
owners that this authority to take land and 10
establish park is reduced to conditional au-
thority by the operation Of the third section,
which relates to the map showing the parcels Of
land TO be taken, and providing that, on the fl
ing of that map, those parcels should be held
"cOndemnedo to be taken. II In insisted that the