Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-07-30
A WRIT OF ERROR
Granted in the Rock Creek Park Case b,
Justice Harlan.

Granted in the Rock Creek Park Case by
Justice Harlan.
The government will not obtain immediate
possession of the Rock Greek Park. That much
was settled this afternoon in a hearing before
Judge Harlan on the application of the counsel
for the Shoemaker property for the allowance
of a writ Of error and supersedeas from the
Supreme Court to the Supreme Court Of the
District of Columbia upon the final Judgment
Of the latter court.
THE WRIT ALLOWED.
The final agreement this afternoon was the
allowing Of the writ by Judge Harlan and the
signing by him Of supersedeas bond and an
arrangement signed by both parties TO ask the
advancement Of the constitutional case at the
beginning of the October term Of the Supreme
Court. Judge Harlan expressed no opin-
ion as to the effect of the SUI
persedeas on the judgment. He suggested
that he thought ii probable the Supreme Court
October, when the whole matter could be
argued out and decided.
BEST AND QUICKEST METHOD.
Counsel on both sides agreed that this was
the best method and the quickest method under
effect was signed. The entire matter will now
be postponed until the October term of the
court, when the validity Of the park will be
finally settled.
MR.. PERRY's ARGUMENT.
There were present today at the hearing Mr..
Ross Perry for the commission, Capt. C. c. Cole
for the United States and Judge Jere Wilson
and A. I. Lambert for the old owners. Mr.
Perry submitted a printed brief for Capt Cole
and himself and also argued the question
briefly. He held that a writ Of error would lie,
h,,t+ lo%, -, L.,
The park act, he claimed. manifestly showed
the intention Of Congress for the government
to take possession in spite Of writs OF error.
This statement was not made in words in the
act, but it was implicitly made throughout the
document. The judicial point in the whole
matter ives the amount of award and that
settled possession should be taken.
THE TITLE OF THE LAND
in this case vested in the government as soon
as compensation was received by the old owners
or as soon as it was paid into court The ques-
ton, he held, was political rather than judicial
The condemnation came from the legis-
lative body, the vesting of title came
from the legislative body and the taking of
possession came from the legislative body
The only point which the Judicial body had
to decide was the amount of compensation.
III possession was granted the commission
could at once proceed with the assessment Of
benefits. 1t would be great hardship to allow
the question of the park to remain in allegiance
for period.
EFFECT OF A sUPERsEDEAs.
supersedeas Of the judgment. he held, would
prevent the vesting Of title and prevent taking
possession.
Judge Harlan asked il in Mr.. Perry's opinion
q supersedeas could be issued against the por-
ton Of the judgment allowing the vesture of
title and letting the rest stand. Mr.. Perry held
Il could not
Judge Harlan asked il in case he should feel
called upon to sign a supersedeas bond Mr..
Perry had any suggestions to make as to the
amount. Mr.. Perry replied that he could not
state how much loss delay would en-
tail. Judge Harlan at this point suggested
that the counsel agree to have the case advanced
at the October term Of the Supreme Court SO
as to have the affair finally settled
II the decision of the court was in
favor Of the commission, he said,
the future would be plain sailing for them.
Every one, said Judge Harlan, was Interested in
knowing whether we had valid park or not and
the quicker il was decided the better il would
be for all parties.
The agreement was then signed and on Mon
day Judge Harlan will sign the sepersedeas
bond, the amount OF which will be settled in
the mea ntime.