Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-02-19
ME- PERRY's REPLY.

sion then spoke. He said the Law vas not as
Mr.. Wilson represented. He referred 10 the
general provisions Of the law made at the time
the act providing for the condemnation of the
government printing Office was passed He
sketched rapidly the state OF the law here re-
speeding condemnations. The supreme Court
of the District had no revisory power as 70 the
values found by juries. When the printing
Office act of August, 1891, WAS passed u was
then provided that always thereafter
in such proceedings the court and then the
President should approve. So the criticisms
passed here we're virtually criticisms of the
general scheme provided by Congress This
resolution asked this committee TO SIT
judlcially on matters that had been adjudicatec
In court Mr.. Perry gave a rapid survey OF the
operations and proceedings under the ROCK
Creek Park act. Congress had said that they
could take SO much of 1000 acres As
81. 100000 would buy. The commission had
enlightened its judgement in various ways.
They had consulted auctioneers. Consulted
sales and in other ways obtained all the infor-
nation they could. Their judgment as to
values had been indicated in the fact that AL
through the park there were owners willing to
accept their offers-in some cases there being
advances. but not exceeding IS per cent The
commission had bought in all 800 acres out OF
!, $50 acres.
NoyEr PAID OUT ALREADY.
In reply to questions as to the amounts paid
Capt. Febiger said that they had paid out
Sl96, 647.25 for land, and had contracted 10 pay
S2S, zoe. Is more for grounds the titles Of which
were being examined Assuming that the cost
Of the appralsing proceedings would be $50. 900
the expenditures 30 far involved amounted TO
S274,3l9l6
Mr.. Perry. proceeding, said that from the
time OF filing the petition for condemnation
proceedings these owners had exhausted every
means and every conceivable appeal to the
courts to delay the proceedings. Every objec-
ton that could be urged to the constitution
alIty OF the act had been urged and oyerruled.
Then the next step was the appointment Of tho
appraisers.
SOME QUESTIONS ANSWERED.
In reply to Mr.. Compton MIR. Perry said that
the gross offers made by the managing CON-
mission came between 100000 and S9Oo, 200,
which was within the appropriation.
In reply to other questions Mr.. Perry said
that the appraisers awarded In round numbers
about sl.lO0.OO0. making tho wholo amount
equal TO 81, 100000 instead of q, SOC. 900.
Under what provision of the law do you ex-
coed II, 2oO.0OOf' asked Gov. Sayre.
I'VE have not gone beyond 1t, sir" said Mr..
Perry. Il will come to that"
Mr.. Livingston asked what authority the
commission had to buy these lots scattered
through the park, without taking all
Mr.. Perry reviewed again the provisions of
the law directing the commission to map the
haio anu tnei W purchase from tuose owners
who would accept the offers made.
Mr. Livingston inquired why they had not
| taken 100 acres instead OF | $50 after they had
found the offers were not accepted.
Mr.. Perry said 1t because they had no
authority and there was no necessity for it.
HAD NOT EXCEEDED THE APPROXIMATION.
Mr.. Perry then proceeded with his view of
the law, saying that he had never for a moment
believed they could take one cents worth
more of the land than the money appropriated
would pay for. There WAS 10 obligation ON
the government to do so even after the Presi-
dent had approved the awards. The Rock
Creek Park commission could not put Its hands
on one acre of that ground until II had paid
for 1t and not then until the court had made
Its order, The commission had never had an
idea thatit could exceed the appropriation.
Mr.. Perry said that he believed the commits
sion must begin at the kllngle Ford bridge and
60 north, taking as much ground as it could.
Mr.. Breckenridge of Kentucky asked what
became of the land already purchased.
Mr.. Perry said if they did not fall within the
limits finally taken they would have to remain
as segregated tracts.
Judge Bradley asked Mr.. Perry what became
of the title Of the owner while all these things
were going on.
Mr.. Perry said that the owner rested there
with the same cloud upon his title as rested
the title Of any ground against which condem-
A CLEAR EXPOSITION OF THE LAW.
Mr.. Perry proceeded giving a very clear ex-
position of the law, insisting that the property
owners had had and had availed themselves of
| every opportunity for the consideration of
theic legal rights. He said the contention of
the other side reduced itself to the absurdity
that Congress intended that in case the ap-
pralsers should award 10 cents more than the
appropriation for the lands selected by the
commission the whole proceedings should fail
Mr. Perrys time having expired the hearing
closed.
Mr. Holman said that the committee would
like the commission to submit; to il the state
ment of expenditures up to the present time
Mr.. Circuit asked what had been done about
the assessment TOR benefits upon adjacent prop
erty.
THE ASSESSMENT OF BENEFITS.
Mr.. Perry said he had carefully examined
the act, and in his opinion it was divided into
two distinct parts. The second part could not
be entered upon until the proceedings de-
| scribed in the first part had been completed.
The second part provided for the assessment Of
benefits. The park had to be completed before
IT could be known what lands were benefited.
The commission had no idea that il
could enter upon that until the first
part was completed. 1t had not even thought
OF the matter. In reply to other questions Mr.
cernec they unquestionably had to be paid into
the treasury Of the United States. Certainly
the commission had 10 control over it.
Mr.. Wilson said that Mr.. Lambert and Mr..
Coleman representing interests in the park,
would like TO be heard.
Mr.. Holman said that il the committee de-
| clded to extend the preliminary hearing fur
| Their the persons interested would be notified.
Mr.. j. A. Iruesdell, one of the owners asked
that the commission be requested to submit to
the committee a statement Of the offers made
and the prices paid. He thought it would be
shown that the percentages of advances had
| not been stated accurately
Gen. Henderson suggested that if it were de-
cided to have an investigation ali these mat
tiers would be asked for. The committee then
| went into private session. The committee took
| no action on the Rock Creek resolution today.
County Clerk Emans yindicated.
Judge Cullen, in New York yesterday after.
noon handed down a decision in the action