Evening star., 1898-01-04
ASSESSMENT OF BENEFITS
Effects Of Decision of q. s. Supreme Court in
Van Riswick Case.
Rock Creek Park COmmissiOn EN-.
The Taking of Testimony.

The decision of the United States Su-
preme Court, which was published in yes
terdays Star, determining the action
brought by the Van Riswick heirs against
the Rcck Creek Park commission in favor
Of the latter, is of considerable Importance
to the owners of property located in the
vicinity Of the park. In accordance with
this decision, the commission has now the
authority to continue it's operations from
the point where it was interrupted by the
proceedings in the Van Riswick case, which
was instituted some two years ago. At
that time the commission had acquired the
land for the park. extending from the
northern boundary of the National Zoolog-
ical Park to the District line, and on either
side of Rock creek. amounting to 1.6O6
acres. at total cost of 81. liz, 600, half of
which is payable by the District. .
The commission proceeded, under section
OF the act of Congress providing for the
acquisition of the park to assess benefits
upon the property in the vicinity of the
park growing out of the establishment Of
that public reserve. 1t was the decision of
the commission that, generally speaking,
land lying within a quarter Of a mile of
the bounds of the park on either side
should be considered in assessing benefits
In the performance Of its duty tn. COM
mission took evidence in regard to the ben
ents which the property owned by the Van
wick heirs vas supposed to derive from
the location of the park, the land in ques-
ton being situated at the northeastern ex-
tremity of the reservation. A bill of com
plaint was then filed in the Supreme Court
of the District of Columbia against the
commission ty the Van Riswick heirs,
seeking to restrain the commission from
assessing benefits, and a decree was rem
dered by the court as prayed for in the bill
An appeal was then taken to the Court of
Appeals OF the District, and the action of
the Supreme Court of the District was af-
firmed
Action Set Aside.
In the decision rendered yesterday by the
United States Supreme Court the action of
the lower courts was set aside, the court
holding that the sixth section of the act is
constitutional. and that the Rock Creek
Park commission proceeded properly in first
acquiring the land before assessing benefits
instead of assessing benefits at the time the
land was purchased, as maintained by the
complainants.
The commission, as indicated above, will
now resume the work which was interrupt
ed by these proceedings. The personnel of
the commission is as follows: Gen. John
NJ. Wilson, chief of engineers; Capt VIII
liam M. Black, Engineer Commissioner of
Smithsonian Institution; Gen. H. " Boyn-
ton and Mr. r. Ross Perry, Capt Beach
one of the assistants of the engineer Com
missioner of the District is the executive
officer of the commission.
Will Take Testimony.
After the decision of the Supreme Court
shall have been handed down, as the phrase
goes. which will be in about thirty days, it
is expected that the commission will begin
the taking of testimony. The purpose will
be to determine the benefits which the land
within quarter of mile, generally speak
ing. of the present bounds of the park de-
rives from the location of the park or in
other words, the influence of the proximity
OF the park upon the market value of the
land within the area stated.
1t is understood to be the intention of the
commission TO proceed as 1t was doing when
the suit was instituted, and to hear the
testimony submitted by owners of proper
ty, as well as by those summoned for the
government, as to the benefits to the prop
erty. The members of the commission will
also personally inspect the various pieces
of property.
Statement by Mr.. Perry.
In conversation with a Star reporter to-
cay Mr. r. Ross Perry. a member of the
Rock Creek Park commission, stated that
at the expiration of thirty days the COM
mission will resume its duties, in view Of
the opinion of the Supreme Court
During the two years that the matter
has been in litigation the commission has
course, has not attempted to make any as
sessments. When the mandate of the Su-
preme Court of the United States is re-
ceived by the lower courts, it Is under
stood, no further obstacles will remain in
the path of the commission.