Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-03-12
The Rock Greek Park Commission
Enioined.
TIE PARK act EXTREMELY VAGUE
Judge Cox Declares Parts of the
Act to Be Mean n yIess.
AN APPEAL TO BE TAKEN

in law to assess adjoining real estate Tor
benefits arising, or alleged 10 have arisen,
from either the location or Improvement OF
the park. He, therefore, granted the in
junction prayed for by the Van Riswick
heirs, restraining the commission from pro-
ceeding to assess their property, adjacent
to the park, because of such alleged bene-
fits. The case of the Van Riswick heirs
being test case, it will, of course, estop
the commission from assessing all other
real estate concerned.
AS heretofore explained in The Star the
act establishing the park required the COM
mission, when the cost of the park was as
certained, to assess benefits against adj
joining property because of the location
and Improvement of the park. out of which,
if such benefits were found, the govern
nlent was to be reimbursed.
The commission held several meetings
recently, during which it decided, for the
purpose of test case, that the property of
the Van Riswick heirs had been benc-
fitted Judge Cox had previously held that
until the commission had so found he could
not grant the injunction. So when the
commission decided that the property, in
its opinion, had been benefited. the applica-
ton for an injunction was renewed, and
several days ago ii was deliberately ar
gued by Mr. I. A. Lambert on behalf of
the compliments and by Assistant Dis
trict Attorney Hugh T. Taggart on behalf
of the government.
Judge COx's Decision.
In his opinion today, which was COM
paratively brief one, Judge Cox, after stat
ing the points urged by the compliments.
said that in his opinion the sixth section
of the park act, authorizing the assess
ment, was absolutely meaningless and too
vague and uncertain to give the commits
SIGN tie authority claimed by it. 1t eX-
hibited. declared Judge Cox, the most re-
| markable grammar he had ever observed
| in public statute, and he failed to see
where the commission derived any author
ity from it. 1t was perfectly evident to
him, he stated, that no benefits had re-
suited to the property from the location o.
the park, for the beneficial outlook sug-
geSted by the commission the property mad
always enjoyed, and the location of the
park had, therefore, added nothing new to
the outlook from the adjoining property,
giving it nothing it had not always before
enjoyed.
Authority Too Vaguely Stated.
The clause in question, thought Judge
| Cox, had reference only to the location of
| the park but 1t appeared that the commits
sion was proceeding to assess the property
| because of the location ard improvement
of the park. In doing that, he believed,
| the commission was clearly exceeding its
| authority in the matter. Again, as to the
! matter of improvements, the section re-
| ferred to was, said the court, too vague to
authorize the commission to act. No i'm
provements had been made, and no one
| knows, said Judge Cox. the extent or char
acter of those in contemplation. They We're
purely ina Ginative, he declared, and the
commission was, therefore, without a
standard on which to base its estimates of
| the alleged benefits The case was one in
| which no court could compel the commits
sion, by mandamuS to make the assess
| ment, and it was, therefore, certain that
| the commission possessed no authority TO
| make one
| 1t was plain to him. remarked Judge Cox,
! that the condemnation proceedings and the
| assessment of benefits We're intended TO be
| ore continuous act. The cost of the park
| having been determined by the condemna-
| ton proceedings the alleged benefits, said
| Judge Cox, should then have been assess
| ed 1t appeared that the cost of the park
was contemplated by the act to be paid
out of such benefits, ii any there were, eX-
planned Judge Cox, the appropriation made
| by the act, 81 200,O00, only to be used when
| it was ascertaned that the benefits did OF
| wholly or in part cover that amount But,
| said Judge Cox the commission had order
| ed the tract acquired to be paid out of the
appropriated sum, although it appeared to
| him that the appropriation should not have
| been touched until it had been ascertained
that no benefits had resulted. He, there
| fore, was of the opinion that the commits
sion now had no authority to charge adj
| jacent property with the cost of the park.
| Grave Doubts of It's ConstitutfOnaIity.
| 1t might be, said Judge Cox. that Con-
PTeSS mlSut now autFOTlGe an assessment
| of adjoining real estate if no constitutional
| objection prevented, but he had grave
| doubts of the constitutionality of such an
act. He very much doubted whether Con-
gress could assess few real estate own
erS for benefits resulting to many. The
park act, stated Judge Cox. set forth that
| the park was to be established as great
| pleasure ground for the benefit and enjoy
ment of the people of the whole United
States. Therefore, it was not local i'm
provement. and in his opinion, it would be
| not only highly unjust, but also contrary
| to fundamental legal principles to charge a
| few pieces of adjoining real estate for
benefits accruing to the people of not only
| the whole District, but also of the entire
| lard. If that could be done, remarked the
court, people on Louisiana and Indiana
| avenues could just as lawfully be charged
| for the pleasure of looking upon the Lin
coin statue in front of the city hall.
In conclusion, Judge Cox said he was
clearly of the opinion that the commission
| was without legal authority to make the
proposed assessment, and would therefore
grant the prayed for injunction.
| 1t is understood that the government will
| note an appeal to the Court of Appeals
| Meantime, it is said the commission will
| attempt to make no further assessments.
No Money to Send Her Home.
1