Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-05-25
STILL IN EXISTENCE
OPINION REGARDING ROCK
CREEK PARK COMMISSION.
Is Charged With the Duties for Which
It Was Apprenticeship.
Duvall's View.

According to an opinion rendered today to
the District Commissioners by the corpora
ton counsel, A. b. Duvall, the Rock Creek
Park commission, appointed number of
years ago, and consisting of Messrs Sam
uel P. Langley, Henry V. Boynton and Rich
ard Weightman, who were to serve In con-
nection with the chief OF engineers of the
United States army is still in exis .ence.
The question as to the existence of the
commission came up in letter of inquiry
from Mr. Thomas Ryan,. first assistant sec
retary of the interior, who stated that the
department had no record as to the COM
missions completion of its duties, and was
also without knowledge as to its continu-
ance 1t was desired that the status of the
commission be fixed prior to the issue of a
new registry of officers, the appointment of
the commission having been under the In
terror Department.
In his opinion Mr.. Duvall recounts the ap-
pointment of the commission and details its
work He says the act OF 1870 calling for
the appointment of the commission provided
that after it's members had ascertained the
value of the land proposed to be taken for
the park should assess such proportion of
the cost upon the lands, lots and blocks
specially benefited by reason of the location
might be in proportion to the benefits re-
Sulting to such real estate.
"One-haIf of the cost of Rock Creek Park
was charged upon the revenues of the Dis
trict of Columbia, and made payable in
four equal annual installments with inter-
est at the rate of per centunn per annum.
The park thus established was placed
under the joint control of the Commission
ers of the District of Columbia and the chief
of engineers of the United States army.
Legislative Provision.
1.-The act of Congress having directed
that all proceedings for the condemna tion
etc, should be in the name of the United
States and managed by the commission, the
Commissioners, en- May 90 1891, filed their
petition in the Supreme Court of the Dis
trict of Columbia; by appropriate proceed
ings the appraisers were appointed by the
court and the value of the land appraised
by them duly paid.
Thereafter the commission, having CIV
en- public notice, heard testimony respect
ing the assessment of benefits. and on De-
cember 8, 1893, filed their report in said
cause stating. among other things, that
they do determine such benefits to be in
appreciable at this time and not sufficient
to be indicated by money value On
April II, 1898, the commission gave public
notice of the filing of their report, and that
on April 25, 1899, they would apply to the
court for appropriate actien thereon. No
action. however. was taken by the court
upon the report of the commission, and no
IuTtHeT pfOCeeuiHS dppNdiS u ietoiu III
said cause. 4
1.-The act of Congress for the establish
ment of Rock Creek Park, by which the
board of commissioners is appointed and
charged with the duty concerning the
sessment for benefits by reason of the loca-
ton and improvement of the park, makes
no provision for the dissolution or discharge
of said board. The duty imposed appears
to be a continuing duty; apparently that
duty would not have been finally met even
if the commission had in the first instance
made an assessment and reported 1t to the
court for confirmation for the court was
empowered to order a new assessment, in
whole or in part
II am therefore of the opinion that I'M
der said act of Congress the Rock Creek
Park commission continues in existence,
charged with the duty of assessing benefits
upon such land as Is specially benefited by
reason of the location and Improvement of
the park"
The opinion has been approved by the
District Commissioners, and will be for
Warded to the first assistant secretary of
the interior.