The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-28
TWO OBJECTIONS FILED.
Neither Party Satisfied with the Report OF
the battle-ground Appraisers.
Mr.. HABERMEHL WANTS SEVEN THOUSAND
mi. Amount 5000 IN Excess" OF
what the state Can faS-o
May Never BE Tried.

Tho unexpected happened in the san
Jacirto battle-ground case yesterday ~ne.
me State of Texas and NJ. T. Habefmeh'
and wife, the two parties to the recent ooD
domination proceedings, each tiieu III 'n0
county court an objection to the report
made by Messrs. c. lombard, 5. M Nc"
Ashan ard George l.. Porter, the appraisers
amounted TO fix value on the SO 80 acres
owned by Mr.. Habermeh, which the state
seeks to acquire as part OF the oaV''e-
field tract. This action was taken accoru-
ing to the provisions Of articles 44os anu
44ge. Revised Statutes, the texts oil whicn
were published in The Post OF the l''h
instant. On the same date an interview
with Judge S. j. Hendrck, one OF the COM
missionets. was printed, in which that gen.
tleman stated that the fixing OF the vaiue
of the property in dispute at SS''oo per
acre by the appraisers, had put an enectual
auietus on tho efforts being made by inc
State to acquire $50 acres out OF the battie-
field tract and convert II into park.
Judge Hendrick also stated that, although
the commissioners and others who were
working in the interests of the movement
were more than sorry that the negotiations
had been brought to such an abrupt end
no effort could likely be maze to secure
an increased appropriation and that, SO far
as his knowledge extended the State would
not take advantage OF the law which gave
1t the privilege OF filing an objection to
the report of the appraisers within ten
days after the latter instrument had been
placed before the county judge.
1t seems, however from the occurrences
OF yesterday, that the parties interested
have changed their minds. The case VIII
be set for trial on the first day of the
November term of the court, but it is ru-
mored from certain reliable quarters that
the matter Will be dismissed before its
merits are ever brought before the court.
As has been previously pointed out, it
would seem that the State has but little
chance to win as, in addition to the testi-
mony of the witnesses who testified before
The appraisers thar the property in ques-
ton was worth more than the amount the
State is willing TO pay, there would be the
evidence OF the appraisers themselves who,
having reported that, 10 the best OF their
knowledge ard belief the property was
worth s37 so per acre, would necessarily be
compelled to uphold this view if the case
ever went to trial.
The objection filed by the State is as
follows:
The State of Texas VS.. NJ. T. Haber-
mehl ct al; in recondemnation OF San ia
cinto battle ground. To the Hon. w. n.
Shaw. judge of the county court in and
for the county of Harris: Now comes
tho State OF Texas, by its commissioners in
The above entitled cause, the same being a
proceeding upon the part of the State to
condemn CO &c acres out OF Tie NJ. +.
Habermehl 100-acre survey In the Arthur
Mccormick league, situated In Harris coun-
~, Texas, the same being part of the San
Jscinto battle ground. and respectfully
represents to the court: That the award of
the appraisers heretofore, to-wit, on the
18th day OF October, 1898, filed with the
clerk OF tho county court in and for the
county Of Harris, assesses the value of said
above described land at s3T so per acre,
which saiA award is in excess OF the ap-
preparation made by the State and in ex-
cess OF the market value Of said land in the
opinion of said commissioners; therefore,
as required by said act of the Twenty
fifth legislature to acquire by purchase. or
condemnation, the above described land,
your said commissioners hereby give notice
OF their objection to said award, as by
statute duly made and provided.
S. j Henirick.
James M. HILL
Waller T. Burns,
Commission
The objection filed by the defendants,
through their counsel, Brashear & DAN
nenbaum, is as follows;
State of Texas vs.. NJ. T. Habermehl and
Mary Habermehl; in the county court OF
Harris county. Texas. Now come the De-
fehdants Nj. T. Habermehl and Mary Hab-
eimehl and represent to the court that they
are not satisfied with the decision of the
commissioners filed in this case on the -
day OF October, 1898. In which said COM
mssioners fix the value OF the land herein
sought to be condemned and the damages
TO OTHER property at S37 80 per acre, or the