Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-01-11

S~ ~ "hosh hfhAif rNcEP7IoSs FAVE
BEN rLfo-srsrioE BEADLEY's EXCEPTIONS
WHAT COMMISSIONER sEUFFrRIK sArp-roer.
foSEp UNTIL TIE 18TH INSTANT.
The Rock Greek Park project was no. al.
vanoed very far today. Owing 10 the inability
OF Mr.. Wilson. one Of the leading counsel in She
case, TO be present in the Court in General
Term today the argument that was 70 take
place there was postponed. Meanwhile the m
pers in the filed with the clerk OF the court
are increasing IN number. The exceptions fled
to the award OF the appraising Commission now
make packet Of documents several inches
thick. Most Of these are identical with the ex-
eeptions already published in THK srAR as hay-
ing been filed by counsel representing the Shoe
maker estate and Cornelia o. TruesdeIl, with
the difference that the issues concerning the
gold deposits claimed on the lands of Shoe
maker and Iruesdell are not raised in the other
cases.
Exceptions have been fled in behalf Of Alex.
ander f. Matthews Mary Van Riswick. Avar-
lila Lambert, Martina Carr. Frank II. Shoe
maker. Louis Il. Shoemaker, Vim. r. Riev
Douglas Forrest. Cornelia o. Truossiell. John
X. Dos lassos, Samuel NJ. Jones' Anna Nj Car
peuter ana A. {. Bradley. These exceptions
are all practically the same except those fled
BY Anna NJ. Carpenter and Judge bradley.
T..
NJ. Carpenter. excepted TO portions of the re-
port making awards tor rights on certain roads
subject 10 the interest TO be determined in
court, and asked the court to pass upon the
title.
JUDGE BRApLKys EXCEPTIONS
The exceptions filed by Judge Andrew c.
Bradley. owner parcel No. 2. were written and
signed by Judge Bradley himself The paper
is short and sets forth the following:
i. The said commissioner al tha
evidence of yalue of said tract in making their
award of Its value, ana based their finding
upon considerations outside OF such evidence.
2 The said commissioners awarded only the
sum OF $3.50 per acre, or IL .312 for the parcel
whereas the evidence clearly established the
value thereof as at least Il. 900 per acre.
j. The aggregate assessments of value of
lands taken INTO and embraced within the pro-
posed park limits exceed the amount author
lied by the act of September ~ $780, and the
whole proceeding 10 the condemnation Of
said lot Is void, said lot being upon the outer
limits OF said park and having been improperly
sought 10 be embraced within the park limits
IN violation of the express condition of said
act that the total cost should not exceed the
amount of l,2oo,Oo0 appropriated by said act.
WHAT COMMISSIONER sEUFFEkLE TOLD HIM.
An affidavit by Samuel NJ. Jones, owner OF
parcel No. 81, was filed with his exceptions
lie says the appraisers awarded him a, 9O2 for
-
per acre. while the owner Of parcel No. Sc
Immediately adjoining his tract, was awarded
Sl.25O per acre. Notwithstanding the concurrent
testimony OF witnesses. as well for the govern
ment as Tor the respondents. established the
value CT parcel IS at less than that OF parcel 81
because OF the presence an parcel Sc of a ravine
or gully bisectlng IL from north TO south. and
that for parcel So. adjoining 81 on the south
and west and differing from IL IN no essential
particular the commission awarded compensa-
ton at the rate OF 81 800 per acre.
Mr.. Jones also makes the following state
ment in his affidavit:
AFTER the filing of the award and the dis
charge OF SAID commission, to wit. on or
about the 18th day Of December. 1891 affiaut
called upon Mr.. George J. Seufferle. one of the
members of said commission at his place of
business. No. GIG Pennsylvania avenue and in
the course OF a conversation. then and there
had with him the said George J. Scufferle i'm
answer TO the following question propounded
to him by afiiant: Upon whose testimony did
you (meaning tie commission make up YOUR
award!' replied as follows: No. sir: we thrust
aside the testimony. We considered that We
knew as much about the values of these lands
as any body and did not consider the testimony
OF the witnesses; some OF them claimed vastly
too much for the ground and others did not
give enough, and We exercised our own iudg-
ment.'
PROCEEDINGS IN COURT TODAY.
This was tho day set by the Court N Gen.
eral Term for hearing arguments on the objec-
lions to the motion TO confirm the report OF
awards recently made by the commissioners
appointed to appraise the Rock Greek Park
lands These objections or exceptions, 50 far
as most OF the property owners are concerned,
have been printed in IHE STAR.
Mr.. Wilson was not present when the court
opened and Mr.. Lambert his associate stated
that Mr.. wilson's presence being required in
the Supreme Court of the United States he
would be unable TO take part in the hearing
today and asked postponement Oh that ac-
count.
During the discussion that followed Judge
Cox stated that lac had glanced over the excep-
tons filed, as published in The STAR and il
had occurred 10 him that the questions were
mainly questions that had alreaGy been argued
and passed on. He asked whether there were
any new questions requiring extended argu-
ment.
Mr.. Lambert said there were some new aues-
lions that would require argument, and espe-
cIally that Ia relation TO the character of the
testimony received by the commission.
Mr.. Conway Eobinson said that he was ready
and willing to take up tor argument the exceI-
tons he had made in behalf OF his client as the
exceptions raised a different question entirely
from those raised by the other property own
ers.
District Attorney Cole said he was not IN
favor OF taking up the case piecemeal.
Mr.. Wilson, who had come, expressed his
regret at being unable to take part in the nrgu-
mcnt today and his desire to have the case
postponed. There was, he claimed, no great
public necessity requiring the case TO be argued
today. There were important questions 10 be
argued. and especially that ms TO whether it
was ia the power of this court. the matter
now stands, to confirm or do anything In the
direction Of the confirmation of this award.
Mr.. Perry said that far the question of
urgency concerned that was answered in
advance by Congress in providing. in the statute
that the proceedings should be had without
delay. He suggested that the exceptions made
by others could be taken up and arguments
made and that represented by Mr.. Wilson could
be taken up when MIR. Wilson was ready.
After some discussion the court postponed
the hearing until Tuesday, January 10, Mr..
Wilson pledging that il he unable 10 be
present then he would not ask for further
delay.
Omcers Elected.
The Catholic Club of Washington at its animal