The Washington times., 1895-01-06
ROCK CREEK PARK huDDLE.
Commissioners Hear Argument from
Counsel for Interested Parties.

Commiss toner's Hear Argument from
Counsel for Interested Parties.
The Rock Creek Park commission, in room
81 OF the City Hall, yesterday afternoon heard
attorneys representing half million dollars
worth of property, in arguments against as
sessments for special benefits by the location
and Improvement of the park.
After argument Gen. Casey announced that
questions raised would be referred to At
torney General Olney, and the commission
would meet az ain for further consideration
of the subject at 2 p. m. Saturday, January 10.
Mr.. Calderon Carlisle, as attorney for
Louis ?. and Francis d. Shoemaker, read q
brief in their behalf and in the interest of the
general public. Ii was the expression OF the
sentiment OF the meeting at Mr.. Carlisle S
Office on January 3.
He said it seemed TO be the commission g
duty to show the existence of special bene-
fits to some particular property. If no such
benefit exists the. e is no further duty for the
commission than so to report TO the court.
Such report would save much time and
expense both public and private. But even
if they can show the existence of special
benefits the private citizen interested may
then direct his efforts to disproving the al
legged benefits and the discussion will be mar
rowed to reasonable limits.
But if the commission will not proceed in
the manner indicated, the following facts are
presented TO show that no special benefits do
in fact exist. Some time before the act es-
tablis hing the park was passed, the decided
tendency OF improvement here was TO The
northwest. and this march of Improvement
was already completely established, includ-
ing in its line the land now in the PARK, as
well as contiguous, so that one OF the avowed
purposes of locating the park at that time
was to withdraw the land before activity in
real estate should lead to its subdivision and
the destruction Of its natural beauties.
Within the park priva @ enterprise has been
absolutely interdicted and as to lands cut off
from the city by the park the march OF i'm
provement has been interrupted.
The history Of the Soldiers Home Park,
which in spite OF its beauty and remarkable
improvement has failed TO benefit neighbor-
ing lands by attracting investment or other
wise, shows there is no benefit at Rock Greek
Congress has already provided that the
citizens and property of the District must pay
half the cost OF the park and its improve
ments, although it is pleasure ground for
all the people OF the United States, and if
there are any special benefits by the location
OF the park il viii be noticed in the regular
assessments Of District property for taxation.
Ex-senator Henderson, OF Missouri, said If
this act could be carried out he did not see
the establishment of the post-office. Why not
entirely abandon the plan of taxation, he
asked, and rely upon the assessment Of
special benefits. He could understand why
man who owned ground in the center of a
city lot or farm off the road might be made
to pay for special benefit if an alley or road
were made for his individual use. But even
then the benefit must be so plainly special that
not only an attorney but any one even
child, could be made to understand it, But
this was no such case. Always, too, he urged,
the assessment of benefits should take place
at tie same time as the estimation of dam
ages.
AS to benefits by improvements. there had
been no improvements. The commission
must consider the present condition. and
that showed that values around the park are
from 90 to 25 per cent. lower than they were
when the park was established. This might
be due TO hard times, but it was fact. and
must be considered by the commission.
Speculative benefits must not be considered,
but present conditions.
Messrs. John Ridout, T. A. Lambert, and
William T. Mattingly made addresses for
clients. Mr.. Chaplin Brown, for Mount
Pleasant Citizens Association and for Ingle-
side property-owners, was given permission to
file objections later