Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-05-31

This morning, in the Court in General Term,
the motion of counsel for Messrs. H. L. Page,
Frederick Bex, Jas. E. Green and Elmer E
Gist for a rule on the Rock Greek Park
commission to show cause why said COM
mission have failed to pay into the registry
Of the court the sums severally awarded to
them under the condemnation proceedings
had under the Rock Greek Park act was called
up, the commission having been cited to an
swer on this day. The commission, through
its counsel, Mr.. R. Ross Perry and District At
torney Cole, filed answer to the rule and also
formal petition in the matter,
and the court set the hearing for tomorrow, it
being understood that it would be heard imme-
diately after the motion for a writ Of habeas
corpus in behalf of William d. Cross, the COL
ored wife murderer, had been disposed of.
THE ANSWER OF THE COMMISSION.
The answer of the commission recited the
fact that on the 9th Of May, 1892, they were
ordered by the court to pay into the registry Of
the court the values appraised by it of all Of
the tracts upon the recorded map of Rock
Creek Park which had been heretofore de-
cided by the President to be reasonable, save
the values appraised for the tracts owned by
the Shoemaker heirs or some Of them, and by
Cornelia o. Truesdell, among which first
named tracts were those Of the said Page Bex
Green and Gist; that on the same day the COM
mission met and drew their warrant upon the
Secretary of the Treasury for the sum Of $780,
l02. Is, which warrant together with q certified
copy Of the order of the court. was on the same
day delivered to the Secretary in person. and
that up to this date the Secretary Of the Treas
ury has failed to pay the said sum or to issue
the said warrant, the commission having no
official information to why he has SO failed
or as to when he will so paw.
ASKING AN ORDER ON THE SECRETARY
The petition filed by the commission, after
reciting the facts mentioned in their answer.
also recited that on the oath of May, 1892, the
court ordered the commission to paw into the
registry Of the court the suspended
values mentioned in its answer;
that in pursuance of said order
Of the court the commission drew O warrant
upon the Secretary of the Treasury for the
sum of S347 1870; that the said warrant or
requisition was sent by mail on the same day to
the Secretarya certified copy of said order being
mailed to him two days later; that up to this
date the Secretary has failed to pay either of tine
said sums or any sum whatever, the commission
having no official knowledge as to why he has 30
failed or rs to when he will so pay; That the
commission are informed and believe that when
said warrants or acquisitions were respectively
presented there were then and now are
In the treasury Of the United States and under
the control Of the Secretary of the Treasury
and to the credit of the commission moneys not
otherwise appropriated exceeding the total sum
OF the said warrants or: requisitions; and
that the commission are advised that
the duties Of the Secretary Of the
Treasury in the premises were and are
ministerial only, and that it was and is his
duty to pay the said sums according to the
tenor of the said warrants and acquisitions. The
commission therefore pray that this court will
require the said Secretary Of the Treasury to
pay forthwith the said sums according to
the tenor OF the said warrants acquisitions.
and that the commission may have such other
and further relief as the nature of their case
may require.
SIGNED By ALL EXCEPT GEN. CASEY.
The petition Of the commission was signed
by all the members Of the commission except
Gen. Casey, who, it is understood, voted
against the petition.