Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-01-19
AN INJUNCTION ASKED
Legal Proceedings Against Rock Greek
Park Commission.
Objections by Property Owners to the
Asscssment Of Penefits-Com-
mission Meets Today.

weeks ago that an effort would be made
by one or more Of the land owners inter-
ested and concerned in the proposed as
sessment of benefits by the Rock Creek
Park commission to prevent, by injunc-
ton, the making of such assessments, was
fulfilled this afternoon. The step was
taken by Messrs Lambert. Lambert and
Wilson, attorneys for Mary Van Riswick,
Vavarilla Lambert and Martina Carr. the
widow and the children. and sole heirs of
the late John Van I:tswick, respectively.
The bill Of complaint. comprising thirty
one typewriter pages, names Mrs. Van
Riswick and her children as the complain
ants, the defendants being Gen. T. l..
Casey. District Commissioner Chas. F. Pow
elI Prof Samuel P. Langley. Gen. H. ".
Boynton and Mr.. r. Ross Perry. compris-
ing the temporary park commission, the
body authorized ana directed by the act
of September 27 1890, to make the assess
ment.
The act referred to is set out in the bill,
and the statement is made that the COM
missioners were duly appointed, and, nav
ing qualified, proceeded in the matter of
securing the condemnation and purchase Of
the land embraced in the park.
The cost of the land taken. say the COM
plainants, has long since been fully paid
and satisfied, and that the park having
permanent park commission, the chief OF
engineers of the United States army and
the District Commissioners, to the exclusion
of the defendants (the temporary park
commission). the defendants have ceased to
have or exercise any Office, power or au-
thority whatever under the law, in refer
ence to, regard to or any control over the
said park.
Further Charges.
The complainants then go on to charge
that the defendants claiming to act under
the authority Of the act of September y,
1890, are about to proceed to assess the
benefits alleged to have resulted to ad-
jacent lands from the establishment of the
park.
1t Is stated that the .conmission held an
advertised meeting on the 5th instant, pre-
Iiminary to proceeding in making assess
ment and that upon certain objections
being made at that meeting by the COM
plainants and others to the making of such
assessment Of supposed benefits, the objec-
tions were referred by the commission to
the Attorney General for his opinion.
The Attorney General, the complainants
state has declined to advise the commits
sion in the matter, and they charge that
the commission meet today for the pur-
pose Of proceeding with the assessment OF
the supposed benefits.
1t is further set forth by the complain
ants that the threatened assessment. when
mad, and confirmed by. the District Su7
preme Court, will be lien on the real cs.
tate assessed and may be sold for refusal
or failure to pay the asssssment.
The compliments claim that the defen-
dants are f,incti off iii; that the time for
making the assessment legally has long
since elapsed; that the assessment IS unau-
thoriZed to control the payment of the
amount collected from the assessment;
amount have already been made: that no
benefits have Injured to any land; and that
the property Of the cohnplaihants would
be clouded and they would be subjected TO
u multiplicity OF suits.
Direct Tax.
The complainants also charge that the
assessment would be The levying of di-
rect tax in aid Of a national object, with
out regard to the rules of apportionment
prescribed by the Constitution. They as
sert that if the park is a local concern, the
act of September -, $780, is clearly uncon-
stitutional, because it made an approprla-
ton of $1,20O0OO from the national treas
Try for the benefit and private use and en-
jcyment of small number of the people
of the country.
The complainants charge further that a
few of the people of the District would be
assessed for the pleasure and enjoyment OF
the people of the whole United States. They
say that the park has conferred no bene-
fits upon real estate in the District
The court is therefore asked to en1oln
and restrain the defendants during the
tendency of the suit and forever from
making and levying the proposed assess
nent for any proportion whatever OF the
cost and expense of locating and improving
the said Rock Creek Park.
Commission Meets.
The commission, pursuant to its adjourn
ment. met at Q O'clock this afternoon in
room 81, City Hall, Gen. Casey, Commits
sioner Powell and Mr.. Perry being the only
members present. Calling the meeting to
order Gen. Casey stated that the several
members of the commission had been
served with notice of the filing of :he bill
for an injunction by Mrs. Van Rlswick and
her daughters, and that while no injunction
had yet been granted, the commission was,
nevertheless, in the hands of the law.
''The commission will, therefore" explained
Gen. Casey, adjourn until this hour Sat
urday, February .. At that time we hope
to see all Interested"
The members of the commission subse-
quently held a conference behind closed
doors for the purpose, 1t was supposed, CT
disc ussing the bill filed today. 1t is under
stood that the case will be argued some
time next week, and if the complainants
are defeated in the Equity Court, every ef-
fort, it is said, will be made to carry the
case to the United States Supreme Court.
THE COURTS.