Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-05-03
THE PARK IN COURT.
The Hearing Continued Today in the Coul
In General Term,

The Hearing Continued Today In the Court
In General Term.
In the Court in General Term, Chief Justice
Bingham and Justices Cox aud James. the hear
ing in the Rock Crock Park condemnation
proceedings was resumed this morn
ing. The motion Of the park COM
mission for the payment Of the
amounts awarded into the registry Of the
court is before the court, and Mr.. T. A. LAM
bert proceeded with his argument in opposi-
ton to the motion.
He first presented the court with the brief
filed with the Attorney General as to the power
OF the President in the premises. He
claimed that it WAS unlawful for the court
10 decide as to part Of the park; that the
abandonment of part is fatal to the park and
the land should be taken in its entirety
Judge Wilson followed, urging that the
President had no power under the law to ap-
prove prove OF only portion OF the park, but he
that the land had been selected
but the appropriation was not sufficient, and
leave further action to Congress. Now, the
property on the map not included in the ap-
provai had a cloud resting on its title.
TO BEGIN DE Novo.
He said that there was but one thing
to do, and that was to begin de novo.
When it was found that the award ex-
cseded the appropriation the park COM
mfssioners should have gone to Congress
and asked for further advice. He insisted that
when the map Of the abbreviated park was
sent to the President that the park might not
exceed the appropriation. a step was taken that
was justified by the park act.
when the court approved the award of the
appraisers he contended that the government
was committed for the whole of it.
Speaking OF the matter OF interest, ] Judge Will
son said that although he did not propose to
now argue that point, yet il he was allowed to
do 80 later on he would insist that the
owners were entitled to interest from the day
the park commissioners filed the original
map in the office of the recorder of deeds.
Judge Wilson closed his remarks by stating
that had his clients, the Messrs Shoemaker
Deen awarded true value for their property,
tney would have made no further contest But
they had not been awarded a true value and
for that reason they would insist to the end
upon legal right, to which they were entitled.
NIB. PERnY's ANSWER.
Mr.. H. Ross Perry followed Judge Wilson on
behalf OF the government, and said it was
quite evident, judging from the line Of
argument of the counsel for the owners,
that they regarded their motion
to dismiss the petition Of the commissioners &C
really motion to dismiss the whole matter
and thereby throw the case ont Of court He
was quite willing and quite prepared to treat
the question in that light.
Mr. Perry said that it had been claimed by
counsel for the property owners that if the
original map was altered in the slightest
particular it would render null
and void everything which had
been done. But this contention was
illogical. II Congress had desired a certain
square no map would have been fled But in
the matter of this park the map was fled SIM
ply as means OF information aud convenience
Nothing was thereby done that could not legally
be undone later Oh. Therefore the government
was not In the slightest manner COM
mitted by the filing of it. There was pro-
vision in the act which prohibited more than
1000 acres being taken. Another provision was
to the effect that not more than Sl, 200 900
should be expended for the land. Therefore
the park commissioners were given to under
stand that under no circumstances were they
money to pay for. And in doing that
Congress plainly thereby gave the COM
missloners discretion to act as sensible
business men In the matter. 1t was absurd to
even imagine that Congress intended that the
failure or success OF the whole park should de-
pend upon the mere fling of the original map.
In support of his contention that certain
tracts named on the original map could be
legally omitted, Mr. Perry quoted the de-
cision OF the United States Supreme Court in
the case OF the United States vs.. the Great
rails Manufacturing Company, where
the court held that the government could take
land which had not been mentioned in the
original survey. Ii that could be done certainly
the converse could be done in this
case. which was the omission OF certain
land. But beyond that Congress had OK
pressly declared that hereafter no claim should
be acquired by the owners Of condemned land
against the government until after the Presi-
dent had approved the award.