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for injury, etc.,

Punishment 1792. That if any person shall willfully destroy, mutilate, to monuments, deface, injure, or remove any monument, column, statues,

etc.

Sec. 10, ibid.

Appropriation

etc., of commis

sion, etc.

Sec. 11, ibid.

memorial structure, or work of art that shall be erected or placed upon the grounds of the park by lawful authority, or shall willfully destroy or remove any fence, railing, inclosure, or other work for the protection or ornament of said park, or any portion thereof, or shall willfully destroy, cut, hack, bark, break down, or otherwise injure any tree, bush, 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 such park, except by permission of the Secretary of War, or shall willfully remove or destroy any breast-works, earth works, walls, or other defenses or shelter, on 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, shall for each and every such offense forfeit and pay a fine, in the discretion of the justice, according to the aggravation of the offense, of not less than five nor more than fifty dollars, one-half to 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. 10, ibid.

for preliminary 1793. That to enable the Secretary of War to begin to work and pay carry out the purposes of this act, including the condemnation and purchase of the necessary land, marking the boundaries of the park, opening or repairing necessary roads, maps and surveys, and the pay and expenses of the commissioners and their assistant, the sum of one hundred and twenty-five thousand dollars, or such portion thereof as may be necessary, is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, and disbursements under this act shall require the approval of the Secretary of War, and he shall make annual report of the same to Congress. Sec. 11, act of August 1, 1890 (26 Stat. L., 333).

Reduced area. Mar. 3, 1891, v. 26, p. 978.

1794. That the Secretary of War, upon the recommendation of the Chickamauga Park Commissioners, may confine the limits of the park to such reduced area, within the bounds fixed by the said act, as may be sufficient for the purposes of the said act, and the acquisition of title for the United States to such reduced area shall be held to be a compliance with the terms of said act, and such title

shall be procured by the Secretary of War and under his direction in accordance with the methods prescribed in sections four, five, and six of the act approved February twenty-second, eighteen hundred and sixty seven, entitled "An act to establish and protect national cemeteries," which procurement of title shall be held to be a compliance with the act establishing the said Park, and the Secretary of War shall proceed with the establishment of the park as rapidly as jurisdiction over the roads of the park and its approaches and title to the separate parcels of land which compose it may be obtained from the United States. Act of March 3, 1891 (26 Stat. L., 978).

1795. To enable the Secretary of War to complete the Lease of lands. establishment of the Chickamauga and Chattanooga National Military Park according to the terms of existing Aug. 5, 1892, v. 27, p. 376. laws, including surveys, maps, models in relief, the purchase of Orchard Knob and Sherman's Earthworks, and for observation towers and the purchase of sites for two of them, one hundred and fifty thousand dollars: Provided, That the Secretary of War may lease the lands of the park at his discretion, either to former owners or other persons, for agricultural purposes, the proceeds to be applied by the Secretary of War to the repairs of roads and the care of the park; and from this appropriation the Secretary of War is authorized to pay the disbursing officer of the War Department the sum of five hundred dollars for disbursing this and former appropriations for said Park.

condemned

can

Mar. 3, 1893, v.

That the Secretary of War and the Secretary of the Navy Donation of are hereby authorized to deliver to the Commissioners of non, etc. the Chickamauga and Chattanooga National Military Park, 27, p. 598. at the park, such number of condemned cannon and cannon balls as their judgment may approve, for the purpose of their work of indication and marking location on the battlefields of Chickamauga, Missionary Ridge and Lookout Mountain. Act of August 5, 1892 (27 Stat. L., 376).

land.

1796. To enable the Secretary of War to complete the Donations of establishment of the Chickamauga and Chattanooga National Military Park, according to the terms of existing Mar. 3, 1893, v. 27, p. 376. laws, including the construction of roads, surveys, maps, iron gun carriages, administration building, the purchase of land within the legal area of the park and the north point of Lookout Mountain, and for widening roads, for bronze historical tablets, repairs to bridges, one observation tower on Orchard Knob; in all, one hundred thousand dollars. And the Secretary of War is hereby authorized to accept on behalf of the United States donations of land for road purposes. Act of March 3, 1893 (27 Stat. L., 376).

[blocks in formation]

28, p. 403.

complete the establishment of the including road construction,

foundations for State monuments, the purchase of the

Purchase of north end of Missionary Ridge, and monument sites in the vicinity of Glass's Mill,

sites.

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1798. To

in all, seventy-five

thousand dollars. Act of August 18, 1894 (28 Stat. L., 403). complete the establishment of the including road work, memorial land the purchase

park,

gateway and designs therefor,

of which has heretofore been authorized by law, sites for monuments in Lookout Valley, not to exceed three hundred dollars in all; in all, seventy-five thousand dollars. Act of March 2, 1895 (28 Stat. L., 945). That the said Board of Commissioners heretofore appointed pursuant to the statute creating said park, is hereby empowered to authorize the boards or representatives of the several States building monuments upon said battlefield, to take and use, under such rules and regulations, and upon such terms as said Use of material National Commission may direct, such stone and other ments author material, including sand and gravel, as may be necessary J. R. 8. Oct. 2, to construct the foundation for any such monuments, and 1893, v. 28, p. 12. which may be found within the territory of said National Park, and the roads and highways leading thereto. Joint resolution No. 8, October 2, 1893 (28 Stat. L., 12).

for State monu

ized.

Restriction on erection of monuments.

Feb. 26, 1896, v. 29, p. 21.

tional Park.

land from Battle

Association.

1799. That no monuments or memorials shall be erected upon any lands of the park, or remain upon any lands which may be purchased for the park, except upon ground actually occupied in the course of the battle by troops of the State which the proposed monuments are intended to commemorate, except upon those sections of the park set apart for memorials to troops which were engaged in the campaigns, but operated outside of the legal limits of the park; and the regulations of the commissioners of the park, as approved by the Secretary of War, promulgated December fourteenth, eighteen hundred and ninety-five, are hereby affirmed. Act of February 26, 1896 (29 Stat. L., 21).

THE GETTYSBURG NATIONAL PARK AT GETTYSBURG, PA.

Gettysburg Na- 1800. That the Secretary of War is hereby authorized to Acceptance of receive from the Gettysburg Battlefield Memorial Associafield Memorial tion, a corporation chartered by the State of Pennsylvania, Feb. 11, 1895, v. a deed of conveyance to the United States of all the lands 28, p. 651. belonging to said association, embracing about eight hundred acres, more or less, and being a considerable part of the battlefield of Gettysburg, together with all rights

Designation.

Sec. 2, ibid.

of way over avenues through said lands acquired by said association, and all improvements made by it in and upon the same. Upon the due execution and delivery to the Secretary of War of such deed of conveyance, the Secretary of War is authorized to pay to the said Battlefield Memorial Association the sum of two thousand dollars, or so much thereof as may be necessary to discharge the debts of said association, the amount of such debts to be verified by the officers thereof, and the sum of two thousand dollars is hereby appropriated out of any money in the Treasury not otherwise appropriated to meet and defray such charges. Act of February 11, 1895 (28 Stat. L., 651). 1801. That as soon as the lands aforesaid shall be conveyed to the United States the Secretary of War shall take possession of the same, and such other lands on the battlefield as the United States have acquired, or shall hereafter acquire, by purchase or condemnation proceedings; and the lands aforesaid, shall be designated and known as the "Gettysburg National Park." Sec. 2, ibid. 1802. That the Gettysburg national park shall, subject Commissioners. to the supervision and direction of the Secretary of War, be in charge of the commissioners heretofore appointed by the Secretary of War for the location and acquisition of lands at Gettysburg, and their successors; the said commissioners shall have their office at Gettysburg, and while on duty shall be paid such compensation out of the appro- Compensation. priation provided in this act as the Secretary of War shall deem reasonable and just. And it shall be the duty of the Duty. said commissioners, under the direction of the Secretary of War, to superintend the opening of such additional roads as may be necessary for the purposes of the park and for the improvement of the avenues heretofore laid out therein, and to properly mark the boundaries of the said park, and to ascertain and definitely mark the lines of battle of all troops engaged in the battle of Gettysburg, so far as the same shall fall within the limits of the park. Sec. 3, ibid. 1803. That the Secretary of War is hereby authorized Acquiring ad and directed to acquire, at such times and in such manner as he may deem best calculated to serve the public interest, such lands in the vicinity of Gettysburg, Pennsylvania, not exceeding in area the parcels shown on the map pre

Where certain land, part of the battlefield of Gettysburg, was in danger of being so cut up and altered by the construction of an electric railroad as to cause the obliteration of important tactical positions occupied by the different commands engaged in the battle, advised that the Attorney-General be requested to have initiated the proper proceedings for the condemnation of the land so that the United States may acquire the fee, and for an injunction restraining the railroad company from constructing or operating its road upon the land pending the condemnation proceed. ings. (Dig. Opin. J. Ä. Gen., 466, par. 3.)

Sec. 3, ibid.

ditional land, etc. Sec. 4, ibid.

Commissioners to acquire lands designated. Sec. 5, ibid.

Condemnation proceedings V. 25, p. 357.

Regulations,

etc.

Sec. 6, ibid.

Penalty for destroying columns, etc. Sec. 7, ibid.

pared by Major-General Daniel E. Sickles, United States Army, and now on file in the office of the Secretary of War, which were occupied by the infantry, cavalry, and artillery on the first, second and third days of July, eighteen hundred and sixty-three, and such other adjacent lands as he may deem necessary to preserve the important topographical features of the battlefield: Provided, That nothing contained in this Act shall be deemed and held to prejudice the rights acquired by any State or by any military organization to the ground on which its monuments or markers are placed, nor the right of way to the same. Sec. 4, ibid.

1804. That for the purpose of acquiring the lands desig nated and described in the foregoing section not already acquired and owned by the United States, and such other adjacent land as may be deemed necessary by the Secretary of War for the preservation and marking of the lines of battle of the Union and Confederate armies at Gettysburg, the Secretary of War is authorized to employ the services of the commissioners heretofore appointed by him for the location, who shall proceed, in conformity with his instructions and subject in all things to his approval, to acquire such lands by purchase, or by condemnation proceedings, to be taken by the Attorney-General in behalf of the United States, in any case in which it shall be ascertained that the same can not be purchased at prices deemed reasonable and just by the said commissioners and approved by the Secretary of War. And such condemnation proceedings may be taken pursuant to the Act of Congress approved August first, eighteen hundred and eighty-eight, regulating the condemnation of land for public uses, or the Joint Resolution authorizing the purchase or condemnation of land in the vicinity of Gettysburg, Pennsylvania, approved June fifth, eighteen hundred and ninety-four. Sec. 5, ibid.

1805. That it shall be the duty of the Secretary of War to establish and enforce proper regulations for the custody, preservation, and care of the monuments now erected or which may be hereafter erected within the limits of the said national military park; and such rules shall provide for convenient access by visitors to all such monuments within the park, and the ground included therein, on such days and within such hours as may be designated and authorized by the Secretary of War. Sec. 6, ibid.

1806. That if any person shall destroy, mutilate, deface, injure, or remove, except by permission of the Secretary of War, any column, statue, memorial structure, or work of

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