The Savannah morning news., 1902-05-14
THE CASE Is SETTLED.
GOVERNMENT PKECLUDED FROM
CONCERNING ST. GATHERINGS.

So Says Jacob Rauers, Its Owner, In
a Petition Filed i'm the United
states Circuit COurt-COndemnn-
ton Proceedings of 1899 and Their
Result, Bind the Government Now.
Must Pay 100000 for the Land Ii
Claims to Need, or Else Hold Its
Peace-No other Courses Open-Mr.
Rauers Declares He Doesn't Want
to Sell Anyhow.
The answer of Jacob Rauers to the
condemnation proceedings fled by the
government, the purpose of which is
to condemn a portion of st. GATHERINGS
Island for the erection of a lighthouse,
was filed yesterday in the office of the
clerk of the United States Circuit
Court. At the same time a plea of
res adjudicata was filed.
Mr.. Rauers contends that the ques-
ton at issue between the government
and himself was determined in 1899,
when at the governments instance
proceedings looking to the condemna-
ton of the identical piece of property,
to be applied to the identical purpose,
were begun. At that time the
gov eminent named John R. Young as
its assessor, Mr.. Rauers appointed the
late John Screven and they selected
as the arbitrator John X. Garnett.
The report of this board found that
the island was Of the value of 100000
and that its value, springing largely
f#-r cor farsG
be diminished, one-half by the erection
of the lighthouse.
MIR. Rauers' Claim.
To this award which was filed in
court Mr.. Rauers contends that no
proper exceptions were ever made by
the government The law prescribes
that exceptions shall be filed within
ten days, and though the government
afterwards secured an extension OF
fifteen days and during this later pc
riod dismissed the proceedings, he de-
clares that in both cases the order
of the court was granted without no
tice to him and without an oppOr-
tunity allowed him to file his eXcep-
tions.
1t is contended. therefore, that at
the end of the period of ten days
from the time of the filing of the as
SCISSORS award in court it became the
courts final judgment by its own
force, and that now the only legal
method by which the government can
secure possession of the land it seeks
is to pay him the 100000 that award
allowed 1t is averred that no pay
ment or tender of this amount or
any part thereof has ever been made.
Annoyed by Uncle Sam.
Mr.. Rauers. says he is weary of the
constant efforts of the government to
annoy and harass him and in parlia-
mentary language suggests that 1t is
at once the part of wisdom and pro-
priety for the government either to
give him the sum he has been
awarded, in a proceeding he neither
sought nor instituted, and take the land
it claims to need, or else forever after
hold its peace
AS a matter of fact. says Mr.. Rauers
in his answer, the government does not
need the land for the erection of a
lighthouse or for any other purpose
whatever. A lighthouse, he says can
just as we'll be erected on some neigh
boring island or the mainland, which
will answer every possible purpose that
could be served by light on st. Cath
crimes.
Land for the purpose can be obtained
elsewhere for less money than he
thinks land on st. GATHERINGS is worth,
and if the government doesn't want to
pay his price its course in the premises
is clear. He doesn't want to sell any
how. The answer and plea were flied.
on behalf of Mr.. Rauers. by w. w.
Gordon, Ir., and Adams, Freeman,
Denmark and Adams.