The morning news., 1898-12-31
RUINED 1T AS A PRESERVE.
so MIR. RAUERs ASKS 100000 FOR
DAMAGES TO ST. CATHERINE.

TO Absolute Ownership in wild
Game ana Questions Mr.. Raucrs'
Contention as TO the Damage Done
Him-St. CRthcrine's Once Bought
as a Headquarters for Cuban Fill
Oustcrs--Hcnring Witnesses i'm the
Condemnation Case.
The assessors appointed to pass upon
the damages sustained by Mr. Jacob
Rauers from the condemnation of land by
the government for lighthouse on St
GATHERINGS Island, began the taking of
testimony yesterday. They sat for several
hours and received the evidence Of all the
government witnesses and of Messrs.
Rauers, Minis and Shearson for the plain
tiff.
The assessors are to pass upon three
questions, what is the actual cash value
of the land the government wants and of
the right of way across the. island to it;
what damages, if any, result to the ad-
jacents lands and in what these damages
consist, and what benefits, if any, accrue
to the island from the use Of the govern
ment of part of 1t for lighthouse purposes.
1t is distinctly stated that no remote or
speculative damages are to be considered
by the assessors.
The government is seeking to show that
Mr.. Rauers' claim for heavy damages is
of this remote character and that his
claim for extraordinary damages because
the island is reserved by him for game
preserve is not tenable. The interesting
questions as to who owns wild animals
was one that was under discussion yester-
day The government holds that there
is no absolute private ownership of wild
game, that they are the property of the
state which legislates for their protection,
and that Mr.. Rauers has but a qualifying
interest in such of them as may be on 81.
GATHERINGS Island. The island is his prop
erty and he has the right to deny people
the right to hunt on it, but he can only
prosecute them for trespass and not for
the theft of any game which they may
shoot or trap as the ownership of the
game is not his to such an extent
The government is not inclined to
acknowledge the right to heavy
damages for alleged injury to the
island as game preserve.
but is contending for an assessment of
the land it desires and of the use of the
right of way on the basis of their actual
value. In pursuance of this it put up wit
nesses to show what lands somewhat sim
narly situated have been sold for Mr..
Mckee testified that he sold forty acres
on Hunting Island, off the coast of
South Carolina, also game pre-
serve, for - an acre and that its use for
a light house did not affect the value of
the remainder for gaming purposes. Maj.
Smith of Charleston testified as to the sale
OF land to- the government onAnastasia
Island, off EtssAugustne; on Bulls Bay
Island off South Carolina, and on Hilton
Head, for from So to $40 an acre. In these
instances. though, the islands had been
owned by several parties, whereas st.
GATHERINGS Island is owned entirely by
Mr.. Rauers and this, Mr. Rauers main
tains, increases its value for the purpose
to which he has devoted it. Cumberland
Island. il was stated, had been sold to
Mrs. Carnegie al from SO to Sill an acre
and Jekyl Island containing about 1900
acres. is reported as having been sold for
Sl25,OOO.
on St GATHERINGS Island there are, Mr.
Rauers stated, $1,000 acres of high land
and 1900 acres of marsh, or 1000 acres
in all The government desires five acres
for lighthouse purposes and the privilege
of a road across the island to the light
house for the landing of supplies and the
use of the keeper and others having bust
ness with the light house. Mr. Rauers
regards the island as of the value of $780,
900 and while he believes that it would be
damaged to the extent of one-half of its
value by the proposed use of it by the gov
ernment. was willing to accept 100000 for
the acreage desired by the government
and The right of way referred to. Mr. j.
f. Minis testified in this connection that If
he we're the owner of the island he would
he unwilling to part with 1t for $3.50 O0O as
he regarded il as the finest game preserve
in the world. Mr.. Shearson was of the
opinion that the island was at least worth
s200OOO as a game preserve They both
believed that its value as a game preserve
was much impaired by the entrance of the
government upon it in the contemplated
way
The interesting fact was brought out
during the hearing that the Roderiquez
from whom Mr.. Rauers bought the island
was Cuban patriot and bought IL largely,
if not solely. for the purpose of using Il
az q. rendezvous for the insurgents dur
ing the rebellion prior to the recent one
He Is said to have bought it for 100000
and to have sold It for $4,000. There are
other witnesses to be heard on the side
of Mr. Rauers.
The government does not call into ques-
ton the fact that ST. GATHERINGS Island
is one of the finest natural game preserves
in this country The result Of the case
will be awaited with much interest by all
who are devoted 20 hunting.
Snvnnnnh's Commissioners in Cubn.
4hoA cs.----..--t