Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-02-19
THE ROCK CREEK PARK.
A Hearing Today Before the House Appro-
priattons Committee.

u nearing To-Day Before the mouse ApprOs
priations Committee.
Mr. JERE II. WILSON SAYS HE WANTS THE ACT
RKPEALED-NR. PERRY MAKES A STATEMENT
OF ALL OF THE PROCEEDINGS UP TO DATE
HE SAYS THAT THE LEGAL QUESTIONS RAISED
HAVE BEEN ApJUDIcArEp.
The scene Of action in the fight made by
Rock Creek Park property owners against the
taking Of their lands under the recent sppraise-
men. for the park was transferred today TO the
room Of the House committee on appropri-
atoms. The full committee had before il the
resolution offered in the House by Mr.. Dock
cry proposing an investigation into the pro-
ceedings had under the Rock Greek Park act.
The committee room was quite well filed
when the hearing began at 1880 O'Clock
There were present Of the committee Chair
man Holman, Representatives Forney Savers
Breckinridge Of Kentucky, Dockery, Mutchler,
Breckenridge of Arkansas, Compton, O'Neil.
Livingston, Henderson, Bingham, Cogswell
and Circuit Gen. Casey, Gen. Boynton, Prof.
Langley, Commissioner Rossell and Mr. X.
Ross Perry, the Rock Creek Park commission
ers; Capt Fiebiger. the executive officer Of the
commission, and Mr.. C. {. Glover, Mr.. Jere NJ
Wilson, Judge Bradley. Mr.. Lambert. Mr.. Cole
man, Mr.. J. X. McCammon, Messrs. Shoemaker,
oruesdell and others were present. The hear
ing lasted little over al hour, the time being
occupied mainly in hearing statements made
by Mr. Wilson on behalf of the property owners
and Mr.. Perry who explained the pro-
ceedings that had been tai en. The session
was opened by the reading of Mr.. Dockery' reso-
luton.
Mr.. Dockcry said the resolution was offered
by request without any knowledge on his part
OF the facts alleged.
Gen. Cogswell suggested that az this was but
preliminary hearing to determine whether
they would 60 into an investigation the time
be limited to an hour. After some discussion
OF this Gen. Cogsweil suggested that they might
find In ten minutes that the matters presented
We're matters the committee had no iurisdic-
ton over. 1t was decided at Gen. Henderson s
suggestion to first give the Affirmative thirty
minutes.
JUDGE Wilson's REMARKS.
Mr. Jere NJ. Wilson, who has appeared as
counsel in the Rock Creek proceedings for tine
Shoemakers, then took the 3oor. He said he
was frank to say that in his judgment the mat
tiers OF law touched by this resolution belonged
to the Judiciary committee. There were. how
ever, some matters involved that belonged
properly to this committee. He said the COM
mittee was confronted with the fact that the
lands taken, judged by the awards made. ex-
ceeded in value the appropriation by $500, 900.
de thought this matter belonged to this com
mittee, as it involved not only the immediate
appropriation of $500, 900, but involved the APP
preparation Of several millions in the future.
GEN. HENDERsoNs QUESTION.
Gen. Henderson said he noticed that the
President had the final approval of this mat
ter. and asked whether the property owners
did not still have some recourse at law without
coming to Congress.
MIR. Wilson said he was coming to that. He
took map and pointed out the tracts which
had been purchased by the California syndi-
cate and then the lands taken by the Rock
Creek Payk commission. He said he spoke OF
this to show the situation at the time the bill
was passed. Tho bill. he said, provided the
means for obtainining the property on an APP
pralsement made by commission appointed
by the court. He said the bill gave the prop
erty owners the protection of a review by the
court He knew that this bill as passed had
never been scrutinized by the lawyers of the
House. The bill came in as o conference re-
port
CLAIMS THE LAW Is UNCONSTITUTIONAL
Mr.. Wilson said he represented the largest
land owners in the park, and they complained
they did not want to sell the lands, and they
complained that they had not had the pro-
lection of their rights that they should have.
They had held from the first that the law was
unconstitutional, and they proposed. if they
Supreme Court of the United States. They
hoped to do that if they did not first sc: relief
from Congress-. He read from Justice Cox's
opinion affirming the awards, for the
purpose, he said. of showing the in
cOngruous character Of the law and
proceedings. The law, he said, appointed GER
tain commissioners to make selection of lands.
There was no restriction upon them inside of
1900 acres. Then the law provided that the
cost should not exceed 81, 20O,0 600. Then the
law provided that the commission should de-
termine the values and agree with the owners
If they could. The law, however, restricted
their offers to 81, zoo, 900, even if the land
was worth S2.5O0000. Was that, asked
Mr. Wilson, good and just way TO take the
property Of citizens? When they took the
land they were compelled to make offers that
would come within the appropriations. He
did not know how this commissi on arrived at
the amounts the put in their offerj. He had
seen 1t stated In the newspapers that they had
divided the land into zones and called in the
aid OF two real estate brokers.
SEVERAL ISTERRoGAroRIEs.
Mr.. Breckenridge remarked that the law did
not require that they should take the whole
1900 acres.
Mr.. Wilson said it was stated in the act tina,
when the map was filed the land was held az
condemned.
Gen. Henderson, reading from the act, said
to agree to the prices offered, otherwise they
were not effective.
Mr.. Grout asked if the act would not permi,
the commission to carve out SO much OF the
lard as in their Judgment was worth IL, 200, OOO
Mr.. Wilson said that he did not think So.
Gen. Henderson asked whether MIR. Wilson
contended that in owners did not accept
the prices offered, and then the awards made
by the appraisers exceeded 81 200 600, the
managing commission could not then take SC
much of it as would come within the appro-
priation.
Mr.. Wilson insisted that whenever they had
filed the map they could not go back and read.
Just the boundaries. What had been passing
he said, showed only that they should carefully
scrutinize the act. When they came to discus.
it they would find differences of opinion and
differences Of Interpretation. He asked if thi.
was the kind of legislation upon which they
| should exercise the right of eminent domain.
Mr.. Cogswell. Mr.. Grout and others ques
| toned Mr.. Wilson as to the various provisions
of the bill. Mr.. Circuit remarked that the first
proceedings provided for were not effective q,
all unless the owners consented.
Mr.. Mutchler asked il the grounds taken ex.