The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-01-27
GAVE HIM HALF HE ASKED.
AN AWARD IN FAVOR OF JACOB
RAUERs FOR 100000.

Governments Condemnation for
Lighthouse Purposes at 100000.
The Case VIII Go on to the Court
of Appeals.
The appraisers, appointed to pass upon
the value of the land the government pro-
poses to condemn on st. GATHERINGS Island
for light house purposes have made up
their report to the United States Court.
It was placed in Judge Speer's hands yes
terday morning, copies being furnished
District Attorney Erwin and Assistant
District Attorney Leaken.
The appraisers place the damages that
Mr.. Jacob Rauers, owner of st. Cathe-
rine's Island would sustain, at 100000.
The district attorney declined to dis
cuss the matter, when seen by Morning
News reporter, but 1t was stated in ad-
vance that in the event of any such dam
ages the representatives of the govern
ment would decline to accept the award,
and would carry the case up to the Court
of Appeals and the United States Supreme
Court if necessary
The report of the appraisers follows:
The undersigned, appointed to appraise
and value the property proposed to be
condemned in the above stated case, re-
specttully report that, pursuant to the
order of this honorable court after hav-
ing taken the cath in such cases provid-
ed, they proceeded to ST. GATHERINGS Is
land, accompanied by the representative
Of the United States, B. B. Smith, and by
the defendant, Jacob Rauers; that they
carefully viewed the premises, and as far
as seemed necessary the whole property
from which said premises are proposed
to be taken, and heard such statements
and explanations as were submitted by
the parties respectively; that on the thir-
tieth day of December 1898, having first
sworn George II. Richter TO the faithful
performance of his duty as stenogTapher,
they proceeded to the hearing of the case,
including the taking of evidence and the
arguments of counsel, and after careful
consideration of the facts, as known to
themselves and of all the evidence sub
mitted, and in pursuance of the instruc-
lions of this honorable court, the apprais-
ers beg leave to report:
First. That the land and easements pro-
posed to be condemned are held and own
ed solely by the defendant, who absolute
ly refuses to sell; that no title can be pro-
cured to said land and easements except
through judicial condemnation; that the
evidence on the part of both the United
States and the defendant develops failure
or refusal to name any actual present
cash value for the said land and ease
ments, and the same being incapable of
physical separation or of purchase for pc
cuniary consideration, it is the judgment
of the appraisers that said land and ease
ments are in fact incapable of any actual
present cash value.
Second. That the property proposed to
be appropriated by the United States for
a light house site is lot or parcel of five
acres of land lying and being toward st.
GATHERINGS sound, in the northeastern sec
ton of St. GATHERINGS Island, and also
the right of way in part over a certain
road leading from Waldburg creek east
ward across the width of said island to
said lot or parcel of land, said right of
way to be twenty feet in width and COM
puted as embracing two and one-half
acres, making the proposed appropriation
by the United States seven and one-half
acres in all; that said st. Catherine
Island including McQuesn's and other
hammocks attached and accessible to it
by firm overland communication, en-
braces as claimed by the defendant, %, 900
acres of high land.
OF these, 1900 acres are ariable land of
which 5000 acres were cleared and cult
waited in former times, but are now vir-
tually abandoned to nature; that said
island is bounded on the east by the At
lantic ocean, on the north by st. Cathe-
rine's sound, across which to the nearest
firm land, to wit, Ossabaw Island the dis
lance is about one mile and half, on the
south by Sapelo sound, the distance across
which to the nearest firm land, to wit
Blackboard Island, is about one mile and
quarter; on the west by Waldburg and
ct ~,
at low tide, the area beyond the western
shore of said creeks to the high land of the
main, several miles distant, being covered
by salt marshes. intersected by numerous
creeks, and by broad, navigable rivers
that these conspicuous and peculiar geo
graphical characteristics, surrounding the
said island, create a natural barrier vir-
tually sufficient to confine wild animals,
other than birds and fishes, especially
deer, within the boundaries of said island.
That no migratory disposition has been
known among these wild animals; that the
food naturally produced on the said island
being adapted TO their needs, and the ma
ture of the country affording the retreats
demanded by their habits they are pro-
tected from reckless disturbance and de-
struction by the single ownership of the
soil by the defendant; that these condi-
tions combined with those above
serve of peculiar and extraordinary
value: That obviously, the conditions of
single ownership and its attaching ex-
elusive privileges and powers would be
broken by the esta blishment of govern
mental light house on said island, with its
necessary attendants and their families
with the right of way to and fro across
the full width of said island for them
selves, for their visitors and for any op-
eratiVes of the government, while there
would be no guaranty whatever that all
other passengers on said right of wav
could for legitimate reasons claim its use
The testimony of the defendant shows
that he is not only unwilling, but refuses
to part with the land and easements
sought to be appropriated, as a grave in
Jury to the remainder of his property. He
is. sustained in this by the testimony of
witnesses of high character, familiar with
other such property and its value, and
with ST GATHERINGS Island in particular.
who affirm its extraordinary market
value and the extraordinary depreciation
of that value, if the island were deprived
of exclusive ownership by laying the re-
mainder of the property open to constant