Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-06-04
A DELAY OF A WEEK.
The Attorney General Secures a Post.
ponement of the Park Case.
WHAT HAPPENED TO-DAY.
Commissioners Perry Says the Secretary Of
the Treasury Desires no Further Delay
The Department of Justice Takes Hand
Some Interesting Proceedings in Court.

IN tne court In General Term this morning a
number Of those interested in the Rock Creek
Park case assembled anticipating some pro-
ceedings in regard to the rule issued on the
Secretary Of the Treasury to show cause why
the order of court directing payment of the
| Rock Creek Park awards had not been obeyed.
The order was returnable yesterday and it was
generally understood that the Secretary .
| answer was ready to be submitted to court.
There was some surprise, however, when q rep
resentative Of the Attorney General appeared in
court this morning and asked for delay, pro-
ceeding which. it appears, was stated In court,
was not taken at the instance of the Secretary of
the Treasury.
Mr.. Perry said: desire, if your honor
please, to call the attention of the court to the
rule issued in the Rock Creek Park case few
DAYS ago upon the Secretary of the Treasury on
petition OF the park commission. see that
Mr.. Maury is here, l suppose, representing the
Attorney General and it would be in order,
suppose, to first hear what he may have to say
III regard to the return of the Secretary of the
Treasury.
MR.. MAURY WANTS TINE.
Mr.. Maury-May it please your honors, I
came here this morning to explain to the court
why it was that there was no appearance here
on yesterday in behal: of the Secretary of the
Treasury, yesterday being return day of the
rule, which was laid upon the Secretary
on last Monday--at least the rule issued on that
day, although not actually served, as the Secre-
tary had not returned to the city.
these papers relating to this matter Of an
Application, l suppose, for a mandamus-
although the writ or the process which is asked
Tor In the petition has not that technical desig-
nation, indeed has no technical designation, but
simply asks that the court put the Secretary
OF the Treasury under some order or under
some judicial process-these papers were
placed in my hands on yesterday evening
or afternoon by the Attorney General, too late
to make any application to the court for a day or
an extension of the time to enable an answer to
be prepared responsive TO this rule, and my mis-
sion here this morning is simply totsk the court
that We may have convenient time in which to
answer the exigency of this rule. That is all
that have to say in reference to the rule.
The Chief Justice-Whnt time do you think
Will be necessary?
Mr.. Maury-In the first place, as am a
stranger to all these proceedings which have
been going on, except so far AZ the public has
been advised about them through the nows-
papers. should like to have a few days to en-
able me to examine this law with some care and
to look into other matters of law of facts.
and l presume that there will be no diff
ficulty in my friend, Mr.. Perry, and
myself coming to an agreement to the
time. Then, if it should be necessary to enter
upon discussion of this matter. if the return
which shall be made to the rule by the Secre-
tary of the Treasury should call for discussion
before your hands, why perhaps the time should
be liberal enough to enable the government
not only to prepare an answer to the
pule, but also to prepare a brief for
the convenience and information Of the court
as to the points upon which the government
will proceed. In matter of this magnitude,
this importance. suppose thot 1t will be ex-
pected by your honors that it should be pre-
sented in an orderly and well digested manner
certainly rs well digested could be expected
from 80 humble parsonage as myself.
MR.. PERRY's REMARKS.
Mr.. Perry-I will ask your honors to permit
me statement before any action shall be taken
on this request. If it were personal matter
between Mr.. Maury and me there would be no
difficulty IN coming to an understanding. But
feel satisfied that this request for delay is not
on the part of the Secretary of the Treasury
and that he does not desire any delay in this
matter.
1t is useless for me to say anything in regard
to the history Of these proceedings, because
they are fresh in the minds of every member of
the court. Suffice it to say that on the 9Th of
February last this court passed an order the
consequence Of which was to affirm the findings
OF the appraisers heretofore appointed by the
court to fix the values of the several tracts of
land upon the map of Rock Greek Park. After
ward, in due course Of law, as the park act
itself provided. application was made
by the park commissioner to the President to
determine under the provisions of the law
whether or not the values so fixed by the ap-
praisers were reasonable. 1t had been urged
by me before the court and it was urged BY me
before the Attorney General to whom the Presi-
dent referred this matter. that his de-
termination under the law would not
impose any financial liability upon the
United States, and would not have
any effect whatever in settling the limits of this
park. 1t seemed to me, and 30 argued, that
the only thing which would determine the
limits Of this park would be the act of the park
commission in electing under the law what
parcels should be taken.
THE ACTION OF THE PRESIDENT.
The Attorney General, before whom the mat
ter was argued. did not agree with the position
had assumed, and on the Sd Of March. 1892,
the then solicito: general, Mr.. Taft, in an
opinion, which was approved by the present At
tOrney General, said to the President of the
United States follows: 1T is now definitely as
certained what the parcels selected by the COM
mission under the first three sections Of the act
will cost. Their cost exceeds the amount pro-
tidcd in the provision of the first section. Upon
the decision of the President that the prices are
reasonable the law contemplates that the money
therefor shall become Immediately payable to
the owners OF the property. There is no dis
SiStou NCctCo IA my oNc dltcT your dCtlOn
(the action Of the President) with reference
to the payment Of the money for the prices
which you shall decide to be reasonable. Your
decision is the last act necessary to show a de-
termination on the part of the government to
take the property. In my opinion, if the aggre-
gate of these expenses and assessments were
within the requirements of the act your decision
would vest in each property owner right Of
action for the value of his property taken"
ACTION OF THE COMMISSION.
''Thereupon the park commission held meeting
and proceeded to fix upon the limits of the park
within provisions Of law. Then the President
was asked to decide that those values we're rea-
sonable. Then on the - it does not seem to
be entered ON the minutes: but il
was some time in March, the 18th day
of March, if do not mistake.
when the President approved the values Of
such parcels the Rock Creek Park commits
sion had taken under the law for the park; the
commission prepared petition directed to this
court asking for permission to pay into
court the values 30 D., decided BY the
President to be reasonable. That petition was
heard, and early in April there was an order
directing all these values to be paid into court.
But the operation of that order was sus-
pended as to the Shoemaker and Truesdeil
tracts, in order that they might be allowed
to file some further papers When the motion
for permission to file them was heard. the court
refused to allow those further papers to be filed
and directed that the suspended values-H 1
mn IN faru, -ho voii into