Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-01-05
OBJECTIONS WERE FILED
Rock Creek Park Commission Commences
Assessing Benefits.
Property Owners Appear and Make
known Their Reasons for Opposing
the Proposed Assessment.

Agreeably to the notice published In The
Star for the past several days, the mem
bers of the temporary Rock Creek Park
commission met in room 81, City Hall, at
o'clock this afternoon, for the purpose OF
inaugurating proceedings In connection
with ths assessment of the benefits result
ing from ths making of the park. Fhe
commission con: lists of Col. Casey. chief OF
engineers, United States army; Capt. Pow
ell, District Engineer Commissioner; Prof.
Saml. P. Langley, secretary Of the Smith
sonian Institution; Gen. H. v. Boynton and
Mr.. K. Ross Perry.
=, As, herstoflase- explained in The Star. this
commission or a majority OF them, are au-
thortzed and directed by the act. providing
for the establishment of the park, that of
September -, 1880, to, ascertain whether
property adjacent TO the park has been
benefited by the making of the park, and,
il so, to assess such property tofthe amount
the commission finds the property SO bene-
fitted. " &
= In conversation with a Star reporter
previous to the meeting tof the commission
this afternoon Mr. X. Ross Perry stated
that the commissions hoped to begin hearing
testimony today. 1t is the purpose of the
commission to conclude It's work at the
earliest practicable day. but all interested,
he said, will be given the fullest opportuni-
ty to be heard. and everything done 10
give the utmost satisfaction to every one
the benefits. Mr.. Perry stated that neither
as to the extent of benefits nor to the ter
ritory probably hensiitea had he expressed
any opinion. -.--s.-
. ObjectfDn. Filled.
Promptly at 2 O'Clock, when about fifteen
landowners and their counsel were present,
Gen. Casey, the president Of the commits
sion, called the commission to order, all
being present hut Prof.. Langley,and direct
ed the secretary of the commission. Capt.
Fiebeger, to read the notice of the. meet
irg and the proof Of the publication. That
done, the sixt,: section of the act OF Sep
tember %, 1890, was also read, winch sec
tion defines the duties OF the commission
in making til, assessment of benefits, and
the duties of the District Supreme Court in
confirming or rejecting the assessment.
Gen. Casey explained that the law au-
thorizing the assessment having been read
the commission would be pleased to hear
from those interested
Mr.. T. A. Lambert stated that he ap-
peared as the representative of the heirs
of the late John Van Riswick, and desired
to file on their behalf an objection to the
commission proceeding in the matter OF
the proposed assessment. Mr.. Lambert
then read long statement to the effect
that his clients possessed land adjacent TO
the park, and that the assessing of that
land for the purpose of rsimbursing the
United States for one-ha1f of the cost or
the park would be illegal and unconstitu-
tional. ..
The petitioners also contended that the
period in which the assessment could nave
Eeen, legally made has, elapsed, also that
the length of time since the making Of the
park has demonstrated that no benentS
have accrued to the property.
The paper was filed, and Mr. Calderon
Carlisle read objection OF l.. +. and
Francis u. Shoemaker to the proposed as
sessment, being similar to that filed by
Mr.. Lambert. That paper was also filed.
Jurisdiction Denied.
Mr. John Ridout, on behalf of Sheldon
Jackson, filed an objection denying the
jurisdiction OF the commission; denying
that any benefits have accrued, and COM
planning that the assessment would fall
upon the people Of the District, whereas
the park was established for the benefit Of
the people Of the whole United States.
Leave to File Objections.
Mr.. Chaplin Brown. representing land
owners in Inglcside, reserved the right to
file objections for them. Mr.. Brown also
stated that he appeared as chairman of a
ct mmittee appointed by the Mt Pleasant
Citizens Association. Leave was granted
to Mr.. Brown to later ME objections on
Such leave was granted also to several
other parties and then Gen. Casey ex-
planned that all legal questions raised
WOULD pe reIeTieO 10 lho @''oi hSJ NeiiSi oi
for his advice.
MIR. Mattingly's Suggestion.
Mr.. VIM. F. Mattingly stated that he did
not suppose that the commission would
decide against its power 10 make the as
sessment, and he therefore imagined that
the commission would first proceed to de-
termine what property. 'if~any, has been
benefited. ..
He believed that 1t was incumbent
upon the commission to affirma lively prove
that property had been benefited, and then
it would be incunS,ent upon landowners to
prove that no beneN IS lad occurred to their
respective properties. For himself he be-
leyed that no land whatever had been
benefited. certainly none east of the park.
Mr.. .Mattngly ALSO suggested that the COM
mission could not take Into consideration
possible improvements to be made by Con-
gress by future appropriations.
Death Of Mr.. Alfred Ray.