HEARING BEFORE THE U.S. Conquees. House 1 COMMITTEE ON MILITARY AFFAIRS SIXTY-EIGHTH CONGRESS FIRST SESSION ON H. R. 8521 TO ESTABLISH A NATIONAL MILITARY PARK AT THURSDAY, MAY 8, 1924 WASHINGTON: GOVERNMENT PRINTING OFFICE 1924. YORKTOWN BATTLE GROUND PARK COMMITTEE ON MILITARY AFFAIRS, The committee met at 10 o'clock a. m., Hon. W. Frank James presiding. Mr. JAMES. Gentlemen of the committee, we have set for to-day hearings on H. R. 8521. We have a report from the War Department on the bill, and if there is no objection we will include the bill and the report as part of the hearing. (The bill and report are as follows:) [H. R. 8521, Sixty-eighth Congress, first session] A BILL To establish a national military park at the battle field of Yorktown Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to commemorate the campaign and seige of Yorktown in the fall of 1781 and to preserve for historical purposes the breastworks, earthworks, walls, or other defenses or shelters used by the armies therein, the battle field at Yorktown, in the State of Virginia, is hereby declared a national military park whenever the title to the same shall have been acquired by the United States and exclusive jurisdiction over the lands and roads of the same shall have been ceded to the United States by the State of Virginia; that is to say, one thousand one hundred and forty-seven acres or so much thereof as the Secretary of War may deem necessary in and about the city of Yorktown, State of Virginia. SEC. 2. The Secretary of War is hereby authorized to cause condemnation proceedings to be instituted in the name of the United States under the provisions of the act of August 1, 1888, entitled "An act to authorize condemnation of lands for sites for public buildings, and for other purposes" (Twenty-fifth Statutes, page three hundred and fifty-seven), to acquire title to the lands, interests therein, or rights pertaining thereto within the said Yorktown National Military Park, and the United States shall be entitled to immediate possession upon the filing of the petition in condemnation in the United States District Court for the Eastern District of Virginia: Provded, That when the owner of such lands, interests therein, or rights pertaining thereto shall fix a price for the same which, in the opinion of the commission hereinafter referred to, and the Secretary of War, shall be reasonable the Secretary may purchase the same without further delay: Provided further, That the Secetary of War is hereby authorized to accept on behalf of the United States, donations of lands, interests therein, or rights pertaining thereto required for the Yorktown National Military Park: And provided further, That no public money shall be expended for title to any lands until a written opinion of the Attorney General shall be had in favor of the validity of title thereto. SEC. 3. The Secretary of War is hereby authorized to enter into leases with the owners of such of the lands, works, defenses, and buildings thereon within the Yorktown National Military Park as in his discretion it is unnecessary to forthwith acquire title to, and such leases shall be on such terms and conditions as the Secretary of War may prescribe and may contain options to purchase, subject to later acceptance if in the judgment of the Secretary of War it is as economical to purchase as condemn title to the property: Provided, That the Secretary of War may enter into agreements, upon such nominal 1 terms as he may prescribe, permitting the present owners or their tenants to occupy or cultivate their present holdings, upon condition that they will preserve the present breast works, earthworks, walls, defenses, shelters, buildings and roads, and the present outlines of the battle field, and they will only cut trees or underbrush or disturb or remove the soil under such regulations as the Secretary of War may prescribe, and that they will assist in caring for and protecting al Itablets, monuments, or such other artificial works as may from time to time be erected by proper authority: Provided further, That if such agreements to lease cover any lands the title to which shall have been acquired by the United States, the proceeds from such agreements shall be applied by the Secretary of War toward the maintenace of the park. SEC. 4. The affairs of the Yorktown National Military Park shall, subject to the supervision and direction of the Secretary of War, be in charge of three commissioners, consisting of Army officers, civilians, or both, to be appointed by the Secretary of War, one of whom shall be designated as chairman and another as secretary of the commission. SEC. 5. It shall be the duties of the commissioners, under the direction of the Secretary of War, to superintend the opening or repair of such roads as may be necessary to the purposes of the park and to ascertain and mark with historical tablets or otherwise, as the Secretary of War may determine, all breastworks, earthworks, walls, or other defenses or shelters, lines of battle, location of troops, buildings, and other historical points of interest within the park or in its vicinity; and the said commission in establishing the park shall have authority, under the direction of the Secretary of War to employ such labor and services, at rates to be fixed by the Secretary of War, and to obtain such supplies and materials as may be necessary to carry out the provisions of this act. SEC. 6 The commission, acting through the Secretary of War, is authorized to receive gifts and contributions from States, Territories, societies, organizations, and individuals for the Yorktown National Military Park: Provided, That all contributions of money received shall be deposited in the Treasury of the United States and credited to a fund to be designated "Yorktown National Military Park Fund," which fund shall be applied to and expended under the direction of the Secretary of War for carrying out the provisions of this act. SEC. 7. It shall be lawful for the authorities of any State having had troops engaged at Yorktown, to enter upon the lands and approaches of the Yorktown National Military Park for the purpose of ascertaining and marking the lines of battle of troops engaged therein: Provided, That before any such lines are permanently designated, the position of the lines and the proposed methods of marking them by monuments, tablets, or otherwise, including the design and inscription for the same, shall be submitted to the Secretary of War and shall first receive written approval of the Secretary, which approval shall be based upon formal written reports to be made to him in each case by the commissioners of the park: Provided, That no discrimination shall be made against any State as to the manner of designating lines, but any grant made to any State by the Secretary of War may be used by any other State. SEC. 8. If any person shall, except by permission of the Secretary of War, destroy, mutilate, deface, injure, or remove any monument, column, statues, memorial structures, or work of art that shall be erected or placed upon the grounds of the park by lawful authority, or shall destroy or remove any fence, railing, inclosure, or other work for the protection or ornament of said park, or any portion thereof, or shall destroy, cut, hack, bark, break down, or otherwise injure any tree, brush, or shrubbery that may be growing upon said park, or shall cut down or fell or remove any timber, battle relic, tree or trees growing or being upon said park, or hunt within the limits of the park, or shall remove or destroy any breast works, earthworks, walls, or other defenses or shelter or any part thereof constructed by the armies formerly engaged in the battles on the lands or approaches to the park, any person so offending and found guilty thereof, before any justice of the peace of the county in which the offense may be committed, or any court of competent jurisdiction, shall for each and every such offense forfeit and pay a fine, in the discretion of the justice, according to the aggregation of the offense, of not less than $5 nor more than $50, one half for the use of the park and the other half to the informer, to be enforced and recovered before such justice in like manner as debts of like nature are now by law recoverable in the several counties where the offense may be committed. SEC. 9. The Secretary of War, subject to the approval of the President, shall have the power to make and shall make all needful rules and regulations for the care of the park, and for the establishment and marking of lines of battle and other historical features of the park. SEC. 10. Upon completion of the acquisition of the land and the work of the commission, the Secretary of War shall render a report thereon to Congress, and thereafter the park shall be placed in charge of a superintendent at a salary to be fixed by the Secretary of War and paid out of the appropriation available for the maintenance of the park. SEC. 11. To enable the Secretary of War to begin to carry out the provisions of this act, including the condemnation, purchase or lease of the necessary land, surveys, maps, marking the boundaries of the park, opening, constructing, or repairing necessary roads, pay and expenses of commissioners, salaries for labor and services, traveling expenses, supplies and materials, the sum of $100,000 is hereby authorized to be appropriated out of any moneys in the Treasury not otherwise appropriated to remain available until expended, and disbursements under this act shall be annually reported by the Secretary of War to Congress. The CHAIRMAN, COMMITTEE ON MILITARY AFFAIRS, WAR DEPARTMENT, Washington, April 4, 1924. House of Representatives, Washington, D. C. SIR: I am transmitting herewith for the consideration of your committee my report to Congress upon an investigation to determine the feasibility of establishing a military park in and about Yorktown, in the State of Virginia, and copies of a proposed act to establish a military park at Yorktown. Respectfully, JOHN W. WEEKS, REPORT OF THE SECRETARY OF WAR TO CONGRESS UPON AN INVESTIGATION TO DETERMINE THE FEASIBILITY OF ESTABLISHING A NATIONAL MILITARY PARK IN AND ABOUT YORKTOWN, STATE OF VIRGINIA, PURSUANT TO THE ACT APPROVED MARCH 2, 1923, ENTITLED “AN ACT IN REFERENCE TO A NATIONAL MILITARY PARK AT YORKTOWN" (42 STAT. 1430) AUTHORITY FOR INVESTIGATION The act approved March 2, 1923, entitled "An act in reference to a national military park at Yorktown (42 Stat. 1430), directed the Secretary of War to investigate the feasibility of establishing a national military park in and about Yorktown, State of Virginia, as follows: "That the Secretary of War be, and he is hereby, directed to investigate the feasibility of establishing a national military park in and about Yorktown, in the State of Virginia, for the purpose of commemorating the campaign and siege of Yorktown in the fall of 1781 and the preservation of said battle field for historical purposes, and to prepare plans of such park and an estimate of the cost of establishing and acquiring the same and obtain such further information as may enable Congress to act upon the matter after be ng fully advised. To aid and assist him in this undertaking, the Secretary of War is authorized to appoint a commission of not to exceed three persons, who shall serve without compensation or expense to the Government. SEC. 2. That the expense of the investigation herein directed to be made shall be paid from the appropriation * Contingencies of the Army.'" APPOINTMENT OF COMMISSION Pursuant to the provisions of said act, the following persons were appointed by me as members of a commission to investigate and report on the establishment of the Yorktown National Military Park: Mr. Seward W. Jones, Boston, Mass., chairman; Mr. J. Kerr Branch, Richmond. Va.. member; Mrs. James T. Morris, Minneapolis, Minn., member. The United States district engineer at Norfolk, Va., was detained as secretary to the commission. The commission made inspections of all points of historical interest in and around Yorktown, interviewed interested parties, and also conducted a public meeting, and the result of its investigation is contained in the attached report of the commission dated January 14, 1924. |