U B :-NRLF SB 72 hll O CO CJ GIFT OF Regulations FOR THE National Military Parks And the Statutes under which they were Organized and are Administered 1914 WASHINGTON GOVERNMENT PRINTING OFFICE 1914 ; ' WAR DEPARTMENT, Washington, July 1, 19H* The following regulations for the national military parks under the jurisdiction of this department are published for the information and guidance of all concerned, and all regulations heretofore issued which are inconsistent therewith are hereby revoked. They will be strictly observed and enforced by the officers and employees of the several parks. HENRY BRECKINRIDGE, Assistant Secretary of War. (3) 345911 REGULATIONS. (5) EEGULATIONS. OFFICE ADMINISTRATION. The chairman of each of the several national military park com- missions shall act as the chief executive officer thereof, except when specific directions to the contrary in any particular case have been issued or shall be issued by the Secretary of War. He shall sign all official communications on behalf of the commission and shall ap- prove all accounts and vouchers for expenditures which are submitted to the department for payment. He shall deposit to the credit of the Treasurer of the United States, at the close of each month, all moneys received during the month from rents, fines, and other mis- cellaneous sources, and shall forward an itemized account thereof to the Secretary of War, showing the source or sources from which such moneys were received, supporting all expenditures, if any, made from such receipts by vouchers therefor. MONUMENTS, MARKERS, AND TABLETS. 1. Statements of the proposed dimensions, designs, inscriptions upon and material for all monuments, markers, and tablets shall be submitted in duplicate to the commissioners of the parks in which they are to be erected, and, in the case of monuments, plans and elevations showing exact measurements and a careful estimate of weight shall also be submitted. The commissioners will report the cases submitted, with their recommendations, to the Secretary of War, and upon his approval such monuments, markers, or tablets may be erected, but not until such approval shall have been given. 2. Monuments, markers, and other permanent memorials in the several parks shall be constructed of bronze or of granite or such other durable stone as, after investigation by the park commis- sioners, shall be recommended by them to and be approved by the Secretary of War. The number of markers shall be limited to such as, in the judgment of the Secretary of War, shall be necessary to desig- nate important positions. 3. Inscriptions upon monuments, tablets, and other memorials in any park to commands or individuals must be purely historical and (7) 8 must be confined Co the campaign or battle which the park com- memorates. They must be based upon and conform to the official reports of the campaign or battle as contained in the records of the War Department and must be submitted through the chairman of the park commission to the Secretary of War for his approval before being adopted or placed within the park. Monuments, tablets, or other memorials erected in honor of individuals may have placed thereon in each case an additional and separate inscription containing the dates of birth and death and a brief statement of the military his- tory of the individual commemorated, to be located in such position as to avoid confusion with the main inscription relating to the indi- vidual's participation in the campaign or battle, such additional inscription to be in accordance with the official records and subject to the approval of the Secretary of War. Hereafter inscriptions upon monuments, tablets, or other memorials shall not contain any reference to or description of the donors. 4. The location proposed for each monument, marker, or other permanent memorial in any park shall be submitted to the Secretary of War, through the park commissioners, for his approval. No such memorial shall be erected until the approval of its location shall have been obtained. 5. Regimental monuments shall be placed on brigade lines on ground where the regiments did notable fighting. If, however, a regiment became separated from its own brigade and distinguished itself particularly, while alone or attached to another brigade, its monument may be so placed as to show that fact. Memorial monu- ments erected by the States must be located on the ground upon which some of the troops of the State erecting the monuments were engaged. Where troops fought outside the limits of the park their monuments may be placed at such points within the park as the com- missioners of the park may designate. 6. Brigades, divisions, and corps may be designated, in inscrip- tions, by their numbers where that method was used, or by the names of their respective commanders, or by both. 7. No monument, marker, or tablet shall be moved, changed, cleaned, or repaired in any park except by the commission of said park or under its special authority in writing. 8. Contractors for the erection of monuments in any of the na- tional military parks shall notify the park engineer or superintend- ent of the time when and place where they propose to begin work, and will receive from him a written permit specifying the monuments to be erected. After the completion of the work the contractors must clear the ground of all rubbish which they may have accumulated and leave it in as good condition as at the commencement of the work. 9 9. No work upon monuments or other markers or tablets within any one of the several parks or approaches thereto shall be permitted on Sunday. ROADS. 10. The width of the tires of all mounted trucks or other vehicles carrying loads weighing 2,500 pounds or more over the roads of the several parks shall, with respect to the weight of the loads carried, be not less than those specified in the following table : Tires (inches). 2,500 to 3,000 pounds 2* 3,000 to 4,000 pounds w 3 4,000 to 5,000 pounds 4 5,000 to 15,000 pounds 4 15,000 to 25,000 pounds 5 25,000 to 35,000 pounds 6 For loads exceeding 35,000 pounds 1 inch additional width of tire for each additional 5,000 pounds of load. No hauling of heavy monuments will be permitted in wet weather. No monument truck wagon or vehicle of any kind shall be driven on any of the avenues or roads of the several parks with locked wheels. It shall be the duty of the commissioners of the several parks to forbid and prevent the erection of any monuments or markers which shall have been hauled in violation of these regulations. 11. All persons, in traveling by vehicles or on horseback over the roads of a'ny of the parks, shall confine their course to the roads con- structed for such purpose and to the right-hand side of such roads, and in passing a vehicle going in the same direction they shall turn to the left. No person shall willfully or knowingly use, for riding or driving over such roads, animals not broken or under control. Automobiles and motor cycles to be used on the roads of the parks must be equipped with horns and with accurate and reliable speedom- eters, and shall not be run at a speed exceeding the rate of 12 miles per hour, or 8 miles per hour in approaching and rounding curves, at which time also the horns must be sounded. LEASES OF GOVERNMENT PROPERTY. 12. Hereafter all leases of Government property within the several national military parks shall be executed by the Secretary of War on behalf of the United States as lessor and by the lessees. Such leases shall be executed in triplicate, one copy to be delivered to the lessee, one copy to be retained in the office files of the park within which the property is situated, and one copy to be returned to the Secretary of War for file in the office of the Judge Advocate General with the deeds and other title papers pertaining to said park. 5402514 2 10 MISCELLANEOUS PROVISIONS. 13. The removal, destruction, mutilation, injuring, or defacement of any mounment, statue, marker, guidepost, or other structure, or of any fence, railing, inclosure, or other work for ornament or pro- tection in any park is prohibited. 14. Removing, destroying, breaking down, or otherwise injuring any tree, shrub, or plant growing upon any park is prohibited. 15. Hunting with dog, gun, or trap, or interfering with birds or their nests within the limits of any park is prohibited. 16. Parties are prohibited from camping within any park with- out the consent of the commissioners or superintendent thereof and then only upon such grounds as these officers may designate. Such parties will be held responsible for fires or other damages caused by them. 17. The purchase or sale of intoxicating liquor within the limits of any park is prohibited. 18. The throwing of stones or other missiles within the limits of any park is prohibited. 19. The discharge of firearms, fireworks, or other explosives in any park without the consent of the Secretary of War or of the commissioners or superintendent of said park is prohibited. 20. Photographs or other views or pictures shall not be taken in any park without the permission of the Secretary of War or of the commissioners or superintendent of said park. 21. The soliciting of alms, contributions, or subscriptions in any park is prohibited. 22. Advertisements or private notices shall not be posted or dis- played within any park or along the public roads leading thereto over which jurisdiction has been ceded to the United States. 23. No live stock of any kind shall be permitted to graze or roam at large in any park except under such restrictions and regulations as may be approved by the Secretary of War in the case of any particular park. 24. Dogs shall not be allowed within the limits of any park unless accompanied by their owners. 25. No persons other than authorized employees shall be permitted to reside permanently or engage in any business in any park except by authority of the Secretary of War, provided that the sale of refreshments and souvenirs by persons not employees may be per- mitted by the commissioners or superintendents of the several parks on special public occasions. Employees of the parks shall not be permitted to engage in any occupation or private business such as farming, gardening, or merchandising except by authority of the commissioners or superintendent of the park in which employed. 11 26. No persons shall be permitted to offer their services or to act as guides in any park unless licensed for that purpose by the com- missioners or superintendent thereof. They shall be furnished with official badges as evidence of their authority, which shall remain the property of the United States and be returned to the park authorities upon revocation of their licenses. 27. Employees of parks are required at all times to be courteous to visitors. Visitors are expected to be orderly. They are invited to report in writing to the authorities in charge of any park any incivility or neglect on the part of any employees or guides thereof. STATUTES (13 INDEX TO STATUTES. Paragraph. General 1_12 Use for maneuvers : 1 Same 2 Same, regulations 3 Destruction of or injury to monuments, trees, etc 4 Trespassing for the purpose of hunting, shooting, etc 5 Superintendents, etc., may make arrests 6 Entry upon a reservation for a purpose prohibited by law . 7 Cutting or injuring trees, etc 8 Cutting and chipping trees to secure pitch, etc 9 Breaking fences, driving cattle, etc., upon reservations 10 Ejectment of lessees , 11 Vacancies in offices of commissioners not to be filled 12 Chickamauga and Chattanooga National Military Park 13-36 Extent 13 Designation, boundaries, and area 14 Supervision of Secretary of War 15 Agreements before purchase with owners for future occupation and use of lands held by them 16 Commissioners, appointment L. 17 Same, where located 18 Same, duties 19 Same, shall mark locations of troops and lines of battle 20 Secretary of War shall make regulations 21 Appropriation for preliminary work 22 Reduction of area 23 Purchases 24 Same 25 Same 26 Purchase of sites for monuments in Lookout Valley 27 States authorized to mark lines of battle, erect monuments, etc 28 States authorized to take and use stone, gravel, etc., found within the park for foundations 29 Location of monuments 30 Same, State memorials 31 Leases . 32 Donation of land for roads 33 Marking locations with condemned cannon and cannon balls 34 Destruction of or injury to monuments, fences, trees, etc 35 Right of way to Chattanooga Rapid Transit Co 36 Gettysburg National Park 37-50 Acquisition of lands from the Gettysburg Battlefield Memorial Association 37 Designation 38 (15) 16 Gettysburg National Park Continued. Paragraph. Commissioners, compensation, duties 39 Acquisition of additional lands 40 Same, condemnation 41 Disbursements to be approved by the Secretary of War and reported annually to Congress 42 Marking positions with tablets, opening and improving avenues, etc__ 43 Same, continuation of work 44 Improvement and maintenance of public roads 45 Specimens of arms, uniforms, etc., used in battle to be preserved for historical purposes in museum on field 46 Leases 47 Erection of tablet to contain President Lincoln's Gettysburg address. 48 Destruction of or injury to monuments, fences, trees, etc., and hunt- ing within the park 49 Regulations 50 Shiloh National Military Park _ 51-61 Extent, designation 51 Acquisition of lands 52 Commissioners, appointment, compensation 53 Same, duties 54 Same, location of office ; limitation upon cost of lands 55 States authorized to mark lines of battle by monuments, tablets, etc 56 Leases 57 Destruction of or injury to monuments, fences, trees, etc 58 Disbursements to be approved by the Secretary of War and reported annually to Congress 59 Condemned cannon, cannon balls, etc 60 Same 61 Vicksburg National Military Park 62-69 Establishment, extent 62 Acquisition of lands 63 Leases 64 Commissioners, appointment, compensation 65 Same, duties 66 States authorized to mark lines of battle by monuments, tablets, etc 67 Destruction of or injury to monuments, fences, trees, etc., and hunt- ing within the park 68 Disbursements to be approved by the Secretary of War and reported annually to Congress 69 STATUTES. GENERAL. 1. USE FOR MANEUVERS. In order to obtain practical benefits of great value to the country from the establishment of national mili- tary parks, said parks and their approaches are hereby declared to be national fields for military maneuvers for the Eegular Army of the United States and the National Guard or Militia of the States: Provided, That the said parks shall be opened for such purposes only in the discretion of the Secretary of War, and under such regulations as he may prescribe. 1 Act of May 15,1896 (29 S tat. ,1%0). 2. SAME. The Secretary of War is hereby authorized, within the limits of appropriations which may from time to time be available for such purpose, to assemble, at his discretion, in camp at such season of the year and for such period as he may designate, at such field of military maneuvers, such portions of the military forces of the United States as he may think best, to receive military instruc- tion there. Sec. 2, id. 3. SAME, REGULATIONS. The Secretary of War is further author- ized to make and publish regulations governing the assembling of the National Guard or Militia of the several States upon the maneu- vering grounds, and he may detail instructors from the Regular Army for such forces during their exercises. Sec. 2, id. 4. DESTRUCTION OF OR INJURY TO MONUMENTS, TREES, ETC. Every person who willfully destroys, mutilates, defaces, injures, or removes any monument, statue, marker, guidepost, or other structure, or who willfully destroys, cuts, breaks, injures, or removes any tree, shrub, or plant within the limits of any national parks, shall be deemed guilty of a misdemeanor, punishable by a fine of not less than ten dollars nor more than one thousand dollars for each monument, 1 Section 35 of the act of Feb 2, 1901 (31 Stat., 757), contained a provision that " the Secretary of War be, and he is hereby, authorized and directed to cause pre- liminary examinations and surveys to be made for the purpose of selecting four sites with a view to the establishment of permanent camp grounds for instruction of troops of the Regular Army and National Guard, with estimates of the cost of the sites and their equipment, with all modern appliances, and for this purpose is authorized to detail such officers of the Army as may be necessary to carry on the preliminary work ; and the sum of ten thousand dollars is hereby appropriated for the necessary expense of such work, to be disbursed under the direction of the Secretary of War : Provided, That the Secretary of War shall report to Congress the result of such examination and surveys ; and no contract for said sites shall be made nor any obligations incurred until Congress shall approve such selections and appropriate the money therefor." 5402514 3 (17) 18 statue, marker, guidepost, or other structure, tree, shrub,' or plant destroyed, defaced, injured, cut, or removed, or by imprisonment for not less than fifteen days and not more than one year, or by both fine and imprisonment. Act of March 3, 1897 (%9 Stat., 621). 5. TRESPASSING FOR THE PURPOSE OF HUNTING, SHOOTING, ETC. Every person who shall trespass upon any national parks for the purpose of hunting or shooting, or who shall hunt any kind of game thereon with gun or dog, or shall set trap or net or other device whatsoever thereon for the purpose of hunting or catching game of any kind, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars or by imprisonment for not less than five days or more than thirty days, or by both fine and impris- 'onment. Sec. 2, id. 6. SUPERINTENDENTS, ETC.., MAY MAKE ARRESTS. The superintend- ent or any guardian of such park is authorized to arrest forthwith any person engaged or who may have been engaged in committing any misdemeanor named in this act. and shall bring such person before any United States commissioner or judge of any district or circuit court of the United States within either of the districts within which the park is situated, and in the district within which the misdemeanor has been committed, for the purpose of holding him to answer for such misdemeanor, and then and there shall make complaint in due form. 1 Sec. 3, id. 7. ENTRY UPON A RESERVATION FOR A PURPOSE PROHIBITED BY LAW. Whoever shall go upon any military reservation, Army post, fort, or arsenal for any purpose prohibited by law or military regulation made in pursuance of law, or whoever shall reenter or be found within any such reservation, post, fort, or arsenal after having been removed therefrom or ordered not to reenter by any officer or person in command or charge thereof, shall be fined not more than five hun- dred dollars or imprisoned not more than six months, or both. Sec. 45, act of March 4, 1909, Criminal Code (35 Stat., 1097}. 8. CUTTING OR INJURING TREES, ETC. Whoever shall unlawfully cut, or aid in unlawfully cutting, or shall wantonly injure or destroy, or procure to be wantonly injured or destroyed, any tree grooving, standing, or being upon any land of the United States which, in pursuance of law, has been reserved or purchased by the United States for any public use, or upon any Indian reservation, or lands belonging to or occupied by any tribe of Indians under the author- ity of the United States, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both. Sec. 50, id. 9. CUTTING AND CHIPPING TREES TO SECURE PITCH, ETC. Whoever shall cut, chip, chop, or box any tree upon any lands belonging to 1 For other statutes respecting the punishment of offenses committed in national mili- tary parks, see pars. 7, 8, 9, 10, 35, 49, 58, and 68, post. 19 the United States or upon any lands covered by or embraced in any unperfected settlement, application, filing, entry, selection, or location, made under any law of the United States, for the purpose of obtaining from such tree any pitch, turpentine, or other substance, or shall knowingly encourage, cause, procure, or aid in the cutting, chipping, chopping, or boxing of any such tree, or shall buy, trade for, or in any manner acquire any pitch, turpentine, or other sub- stance, or any article or commodity made from any such pitch, tur- pentine, or other substance, when he has knowledge that the same has been so unlawfully obtained from such trees, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both. Sec. 51, id. 10. BREAKING FENCES, DRIVING CATTLE, ETC., UPON RESERVATIONS. Whoever shall knowingly and unlawfully break, open, or destroy any gate, fence, hedge, or wall inclosing any lands of the United States which, in pursuance of any law, have been reserved or purchased by the United States for any public use; or whoever shall drive any cattle, horses, hogs, or other live stock upon any such lands for the purpose of destroying the grass or trees on said lands, or where they may destroy the said grass or trees ; or whoever shall knowingly permit his cattle, horses, hogs, or other live stock, to enter through any such inclosure upon any such lands of the United States, where such cattle, horses, hogs, or other live stock may or can destroy the grass or trees or other property of the United States on the said lands, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both: Provided, That nothing in this section shall be construed to apply to unreserved public lands. Sec. 56, id. 11. EJECTMENT OF LESSEES. Any person to whom land lying within any national parks may have been leased, who refuses to give up possession of the same to the United States after the termination of the said lease, and after possession has been demanded for the United States by any park commissioner or the park superintendent, or any person retaining possession of land lying within the boundary of said park which he or she may have sold to the United States for park purposes and have received payment therefor, after possession of the same has been demanded for the United States by any park commissioner or the park superintendent, shall be deemed guilty of trespass, and the United States may maintain an action for the recovery of the possession of the premises so withheld in the courts of the United States, according to the statutes or code of practice of the State in which the park may be situated. 1 Sec. 4, id. 12. VACANCIES IN OFFICES OF COMMISSIONERS NOT TO BE FILLED. Hereafter vacancies occurring by death or resignation in the mem- 1 For enactments juitliorizing lenses of land included within the limits of national military parks, see pars. 32, 47, 57, and 64, post. 20 bership of the several commissions in charge of national military parks shall not be filled, and the duties of the offices thus vacated shall devolve upon the remaining commissioners or commissioner for each of said parks : Provided, That as vacancies occur hereunder the Secretary of War shall become ex officio a member of the commis- sion effected with full authority to act with the remaining commis- sioners or commissioner, and in case of the vacation of all the offices of commissioner in any one park hereunder the duties of such com- mission shall thereafter be performed under the direction of the Secretary of War. Act of Aug. % 1912 (37 Stat., CHICKAMAUGA AND CHATTANOOGA NATIONAL MILITARY PARK. 13. EXTENT. For the purpose of preserving and suitably marking for historical and professional military study the fields of some of the most remarkable maneuvers and most brilliant fighting in the War of the Rebellion, and upon the ceding of jurisdiction to the United States by the States of Tennessee and Georgia, respectively, and the report of the Attorney General of the United States that the title to the lands thus ceded is perfect, the following described highways in those States are hereby declared to be approaches to and parts of the Chicknmauga and Chattanooga National Military Park as established by the second section of this act. to wit: First, the Missionary Ridge Crest road from Sherman Heights at the north end of Missionary Ridge, in Tennessee, where the said road enters upon the ground occupied by the Army of the Tennessee un- der Major General William T. Sherman, in the military operations of November twenty-fourth and twenty-fifth, eighteen hundred and sixty-three; thence along said road through the positions occupied by the army of General Braxton Bragg on November. twenty-fifth, eighteen hundred and sixty-three, and which were assaulted by the Army of the Cumberland under Major General George H. Thomas on that date, to where the said road crosses the southern boundary of the State of Tennessee, near Rossville Gap, Georgia, upon the ground occupied by the troops of Major General Joseph Hooker, from the Army of the Potomac, and thence in the State of Georgia to the junction of said road with the Chattanooga and Lafayette or State road at Rossville Gap; second, the Lafayette or State road from Rossville, Georgia, to Lee and Gordon's Mills, Georgia; third, the road from Lee and Gordon's Mills, Georgia, to Crawfish Springs. Georgia; fourth, the road from Crawfish Springs, Georgia, to the crossing of the Chickamauga at Glass' Mills, Georgia ; fifth, the Dry Valley road from Rossville, Georgia, to the southern limits of Mc- Farland's Gap in Missionary Ridge; sixth, the Dry Valley and Crawfish Springs road from McFarland's Gap to the intersection of the road from Crawfish Springs to Lee and Gordon's Mills; 21 seventh, the road from Kino-old, Georgia, to Reed's Bridge on the Ohickamauga River; eighth, the roads from the crossing of Lookout Creek across the northern slope of Lookout Mountain and thence to the old Summertown road and to the valley on the east slope of the said mountain and thence by the route of General Joseph Hooker's troops to Rossville, Georgia, and each and all of these herein described roads shall, after the passage of this act, remain open as free public highways, and all rights of way now existing through the grounds of the said park and its approaches shall be continued. Act of August 19, 1890 (26 Stat., 333). 14. DESIGNATION, BOUNDARIES, AND AREA. Upon the ceding of jurisdiction by the legislature of the State of Georgia, and the report of the Attorney General of the United States that a perfect title has been secured under the provisions of the act approved August first, eighteen hundred and eighty-eight, entitled "An act to authorize condemnation of land for sites for public buildings, and for other purposes," the lands and roads embraced in the area bounded as herein described, together with the roads described in section one of this act, are hereby declared to be a national park, to be known as the Chickamauga and Chattanooga National Park; that is to say, the area inclosed by a line beginning on the Lafayette or State road, in Georgia, at a point where the bottom of the ravine next north of the house known on the field of Chickamauga as the Cloud House, and being about six hundred yards north of said house, due east to the Chickamauga River and due west to the intersection of the Dry Val- ley road at McFarlands Gap ; thence along the west side of the Dry Valley and Crawfish Springs roads to the south side of the road from Crawfish Springs to Lee and Gordons Mills; thence along the south side of the last-named road to Lee and Gordons Mills; thence along the channel of the Chickamauga River to the line forming the north- ern boundary of the park as hereinbefore described, containing seven thousand six hundred acres, more or less. Sec. 2, id. 15. SUPERVISION OF SECRETARY or WAR. The said Chickamauga and Chattanooga National Park, and the approaches thereto, shall be under the control of the Secretary of War, and it shall be his duty, immediately after the passage of this act, to notify the Attor- ney General of the purpose of the United States to acquire title to the roads and lands described in the previous sections of this act under the provisions of the act of August first, eighteen hundred and eighty-eight; and the said Secretary, upon receiving notice from the Attorney General of the United States that perfect titles have been secured to the said lands and roads, shall at once proceed to establish and substantially mark the boundaries of the said park. Sec. 3, id. 16. AGREEMENTS BEFORE PURCHASE WITH OWNERS FOR FUTURE OCCU- PATION AND USE OF LANDS HELD BY THEM. The Secretary of War is 22 hereby authorized to enter into agreements, upon such nominal terms as he may prescribe, with such present owners of the land as may desire to remain upon it, to occupy and cultiAnte their present holdings, upon condition that they will preserve the present build- ings and roads, and the present outlines of field and forest, and that they will only cut trees or underbrush under such regulations as the Secretary may prescribe, and that they will assist in caring for and protecting all tablets, monuments, . or such other artificial works as may from time to time be erected by proper authority. Sec. 4, id. 17. COMMISSIONERS, APPOINTMENT. The affairs of the Chicka- mauga and Chattanooga National Park shall, subject to the super- vision and direction of the Secretary of War, be in charge of three commissioners, each of whom shall have actively participated in the Battle of Chickamauga or one of the battles about Chattanooga, two to be appointed from civil life by the Secretary of War, and a third, who shall be detailed by the Secretary of War from among those officers of the Army best acquainted with the details of the battles of Chickamauga and Chattanooga, who shall act as secretary of the commission. The said commissioners and secretary shall have an office in the War Department Building, and while on actual duty shall be paid such compensation, out of the appropriation provided in this act, as the Secretary of War shall deem reasonable and just Sec. &, id. IS. SAME, WHERE LOCATED. The affairs of the Chickamauga and Chattanooga National Military. Park shall, subject to the supervision and direction of the Secretary of War, be in charge of three commis- sioners, to be appointed by the Secretary of War, each of whom shall have actively participated in the Battle of Chickamauga, or in one of the battles about Chattanooga; one of whom, upon desig- nation by the Secretary of War, shall act as chairman, and another as secretary of the commission. The said commissioners shall have an office in Chattanooga, Tennessee, and shall receive compensation at the rate of three hundred dollars per month. Act of April 8. 1910 (36 Stat., 293.} 19. SAME DUTIES. It shall be the duty of the commissioners named in the preceding section, under the direction of the Secretary of War, to superintend the opening of such roads as may be necessary to the purposes of the park, and the repair of the roads of the same, and to ascertain and definitely mark the lines of battle of all troops engaged in the battles of Chickamauga and Chattanooga, so far as the same shall fall within the lines of the park as defined in the previous sections of this act, and, for the purpose of assisting them in their duties and in ascertaining these lines, the Secretary of War shall have authority to employ, at such compensation as he may 23 deem reasonable and just, to be paid out of the appropriation made by this act, some person recognized as well informed in regard to the details of the battles of Chickamauga and Chattanooga, and who shall have actively participated in one of those battles, and it shall be the duty of the Secretary of War from and after the passage of this act, through the commissioners, and their assistant in historical work, and under the act approved August first, eighteen hundred and eighty-eight, regulating the condemnation of land for public- uses, to proceed with the preliminary work of establishing the park and its approaches as the same are defined in this act, and the expenses thus incurred shall be paid out of the appropriation pro vided by this act. 1 Sec. , id. 20. SAME, SHALL, MARK LOCATIONS or TROOPS AND LINES OF BATTLE. It shall be the duty of the commissioners, acting under the direction of the Secretary of War, to ascertain and substantially mark the locations of the regular troops, both infantry and artillery, within the boundaries of the park, and to erect monuments upon those posi- tions as Congress may provide the necessary appropriations ; and the Secretary of War in the same way may ascertain and mark all lines of battle within the boundaries of the park and erect plain and sub- stantial historical tablets at such points in the vicinity of the park and its approaches as he may deem fitting and necessary to clearly designate positions and movements, which, although without the limits of the park, were directly connected with the battles of Chicka- mauga and Chattanooga. Sec. 7, id. 21. SECRETARY OF AAR SHALL MAKE REGULATIONS. The Secretary of War, subject to the approval of the President of the United States, shall have the power to make, and shall make, all needed regulations for the care of the park and for the establishment and marking of the lines of battle and other historical features of the park. Sec. 9, id. 22. APPROPRIATION FOR PRELIMINARY WORK. To enable the Secre- tary of War to begin to 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 dol- lars, or such portion thereof as may be necessary, is hereby appro- priated out of any moneys in the Treasury not otherwise appro- priated, 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, id. 1 AU vouchers in support of disbursements under the act of Aug. 19, 1890 (26 Stat., 833 ) , providing for the Chickamauga and Chattanooga National Military Park, and the acts supplementary thereto, require the approval of the Secretary of War. (9 Comp. Dec., 446.) 24 23. REDUCTION OF AREA. The Secretary of War. upon the recom- mendation 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 by 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 direc- tion in accordance with the methods prescribed in sections four, five, and six of the act approved February twenty-second, eighteen hun- dred and sixty-seven, entitled "An act to establish and protect na- tional cemeteries," which procurement of title shall be held to be a compliance with the act establishing the said park, and the Secre- tary 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., 978). 24. PURCHASES. To enable the Secretary of War to complete the establishment of the Chickamauga and Chattanooga National Mili- tary Park according to the terms of existing laws, including surveys, maps, models in relief, the purchase of Orchard Knob and Sher- man's Earthworks, and for observation towers and the purchase of sites for two of them, one hundred and fifty thousand dollars. Act of August 5, 1892 (27 Stat., 376). 25. SAME. To enable the Secretary of War to complete the estab- lishment of the Chickamauga and Chattanooga National Military Park, according to the terms of existing law r s, including the con- struction 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, 1 and for widening roads, for bronze historical tablets, repairs to bridges, one observation tower on Orchard Knob ; 2 * * * in all, one hundred thousand dollars. Act of March 3,1893 (27 Stat., 376). 26. SAME.-^TO * * * complete the establishment of the park, * * * including road construction, foundations for State monuments, the purchase of the north end of Missionary Eidge, and monument sites in the vicinity of Glass's Mills in all, seventy-five thousand dollars. Act of August 18, 1894 ($ Stat., 40-3). ir The act of July 1, 1890 (30 Stat., 629), contains provision for the completion of this purchase. 2 The term " or other public building of any kind whatever," used in sec. 355, Rev. Stats., field to include the " observation towers," for the erection of which in the Chicka- mauga and Chattanooga National Park appropriations were made in the acts of Aug. 5, 1892, and Mar. 3, 1893. Consent by the legislature of the State to the purchase of the land by the United States is therefore requisite before the appropriation can legally be expended. (Dig. Opin. J. A. G., 940 G. 1.) 25 27. PURCHASE OF SITES FOR MONUMENTS IN LOOKOUT VALLEY. To complete the establishment of the * * * park, * * * including road work, memorial gateway and designs therefor^ * land the purchase 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., 945}. 28. STATES AUTHORIZED TO MARK LINES OF BATTLE, ERECT MONU- MENTS, ETC. It shall be lawful for the authorities of any State hav- ing troops engaged either at Chattanooga or Chickamauga, and for the officers and directors of the Chickamauga Memorial Association,, a corporation chartered under the laws of Georgia, to enter upon, the lands and approaches of the Chickamauga and Chattanooga National 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 other- wise shall be submitted to the Secretary of War, and shall first receive the written approval of the Secretary, which approval shall be based upon formal written reports, which must be made to him in each case by the commissioners of the park. Sec. 8, act of August 19, 1890 (26 Stat., 333}. 29. STATES AUTHORIZED TO TAKE AND USE STONE, GRAVEL, ETC., FOUND WITHIN THE PARK FOR FOUNDATIONS. The said board of commis- sioners 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 national commission may direct, such stone and other ma- terial, including sand and gravel, as may be necessary to construct the foundation for any such monuments, and which may be found within the territory of said national park, and the roads and high- ways leading thereto. Joint resolution No. 8, October 2, 1893 (28 Stat., 12}. 30. LOCATION OF. MONUMENTS. 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., 21}. 26 31. SAME, STATE MEMORIALS. State memorials shall be placed on brigade lines of battle under the direction of the park commission. Act of June 4, 1897 (30 Stat., 43}. 32. LEASES. 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. 1 Act of August 5, 1892 (27 Stat., 376}. 33. DONATION OF LAND FOR ROAD. The Secretary of War is hereby authorized to accept on behalf of the United States donations of Jand for road purposes. Act of March 3, 1893 (27 Stat., 599}. 34. MARKING LOCATIONS WITH CONDEMNED CANNON AND CANNON BALLS. The Secretary of War and the Secretary of the Navy are hereby authorized to deliver to the Commissioners of the Chicka- rnauga and Chattanooga National Military Park, 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 mark- ing location on the battlefields of Chickamauga, Missionary Ridge, and Lookout Mountain. Act of August 5, 1892 (27 Stat., 376}. 35. DESTRUCTION OF OR INJURY TO MONUMENTS, FENCES, TREES, ETC. If any person shall willfully destroy, mutilate, deface, injure, or remove any monument, column, statues, 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 orna- ment of said park, or any portion thereof, or shall willfully de- stroy, 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 breastworks, earthworks, walls, or other defenses or shelter, or any part thereof, constructed by the armies formerly engaged in the battles on the lands or ap- proaches 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 for- feit 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 igee also section 4, act of Aug. 19, 1890 (26 Stat., 333), par. 16, ante. manner as debts of like nature are now by law recoverable in the several counties where the offense may be committed. 1 Sec. 10, id. 36. RIGHT OF WAY TO CHATTANOOGA RAPID TRANSIT COMPANY. The Secretary of War is hereby authorized, at his discretion, and upon the favorable recommendation of the Chickamauga and Chat- tanooga National Park Commission, to grant a right of way to the Chattanooga Rapid Transit Company to lay a single track across the Dry Valley Road at such point or place thereon as said commis- sion may determine upon; and also, upon like recommendation of said commission, may grant such other concessions as may be neces- sary to permit the said Chattanooga Rapid Transit Company to extend its lines to the Chickamauga and Chattanooga National Park : Provided, That such grant or grants shall only become or be opera- tive on the condition that the track and tracks and roadbed of said company and the right of way for any and all extensions of its road to said park from the point of crossing said Dry Valley road shall first be definitely fixed and located upon a line or lines which shall be satisfactory to and approved by said commission ; and no part of said line or lines of road, after being so located, established, built, or constructed shall be changed, moved, or extended without the con- sent in writing of said commission thereto being first had and ob- tained, and upon the further condition that an agreement satisfac- tory to said commission and approved by it shall be entered into on the part of said company for the proper maintenance of the crossing of said Dry Valley road, and at all times keeping the same in proper repair and condition. A ct of May 7, 1898 (30 Stat., 399). GETTYSBURG NATIONAL MILITARY PARK. 37. ACQUISITION or LANDS FROM THE GETTYSBURG BATTLEFIELD ME- MORIAL ASSOCIATION. The Secretary of War is hereby authorized to receive from the Gettysburg Battlefield Memorial Association, a cor- poration chartered by the State of Pennsylvania, a deed of convey- ance to the United States of all the lands belonging to said associa- tion, embracing about eight hundred acres, more or less, and being a considerable part of the battlefield of Gettysburg, together with all rights of way over avenues through said lands acquired by said asso- ciation, 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 dol- lars, 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 ap- propriated out of any money in the Treasury not otherwise appro- 1 For general provisions on this subject, see act of Mar. 3, 1897 (29 Stat., 621), pars. 4 to 11, ante. 28 priated to meet and defray such charges. Act of February 11 , 1895 (%8 Stat.,651). 38. DESIGNATION. 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 condemna- tion proceedings; and the lands aforesaid shall be designated and known as the " Gettysburg National Park." 1 Sec. 8, id. 39. COMMISSIONERS, COMPENSATION, DUTIES. The Gettysburg Na- tional Park shall, subject 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 appropriation provided in this act as the Secretary of War shall deem reasonable and just. And it shall be the duty of the 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. 2 Sec. 3, id. 40. ACQUISITION or ADDITIONAL LANDS. The Secretary of War is hereby authorized 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 exceed- ing in area the parcels shown on the map prepared 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 1 Where certain land, part of the battle field of Gettysburg, was in danger of being so cut up and altered by the construction of an electric railroad as to cause the oblitera- tion 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 pro- ceedings 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 proceedings. (Dig. Opin. J. A. G., 91 3c.) 2 Any act of Congress which plainly and directly tends to enhance the respect and love of the citizen for the institutions of his country and to quicken and strengthen his motives to defend them, and which is germane to and intimately connected with and appropriate to the exercise of some one or all of the powers granted by Congress, must be valid, and the proposed use in this case comes within such description. (U. S. v. Gettysburg Electric Railway Co., 160 U. S., 668.) 29 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. h id. 41. SAME, CONDEMNATION. For the purpose of acquiring the lands designated and described in the foregoing section not already ac- quired 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 author- ized 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 pro- ceedings may be taken pursuant to the act of Congress approved August first, eighteen hundred and eighty-eight, regulating the con- demnation of land for public uses, or the joint resolution authoriz- ing the purchase or condemnation of land in the vicinity of Gettys- burg, Pennsylvania, approved June fifth, eighteen hundred and ninety-four. Sec. 5, id. 42. DISBURSEMENTS TO BE APPROVED BY THE SECRETARY OF WAR AND REPORTED ANNUALLY TO CONGRESS. To enable the Secretary of War to carry out the purposes of this act, including the purchase or con- demnation of the land described in sections four and five of this act, opening, improving, and repairing necessary roads and avenues, providing surveys and maps, * * * seventy-five thousand dol- lars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated; and all disbursements made under this act shall require the approval of the Secretary of War, who shall make annual report of the same to Congress. Sec. 9, id. 43. MARKING POSITIONS WITH TABLETS, OPENING AND IMPROVING AVENUES, ETC. For the purpose of preserving the lines of battle at Gettysburg, Pennsylvania, and for properly marking with tablets the positions occupied by the various commands of the Armies of the Potomac and of Northern Virginia on that field, and for opening and improving avenues along the positions occupied by troops upon those lines, and for fencing the same, and for determining the leading tactical positions of batteries, regiments, brigades, divisions, corps, and other organizations with reference to the study and correct un- derstanding of the battle, and to mark the same with suitable tablets, 30 each bearing a brief historical legend, compiled without praise and without censure, the sum of twenty-five thousand dollars, to be ex- pended under the direction of the Secretary of War. 1 Act of March 3, 1893 (27 Stat., 599) . 44. SAME, CONTINUATION OF WORK. For continuing the work of surveying, locating, and preserving the lines of battle at Gettysburg, Pennsylvania, and for purchasing, opening, constructing, and im- proving avenues along the portions occupied by the various commands of the Armies of the Potomac and Northern Virginia on that field, and for fencing the same; and for the purchase, at private sale or by condemnation, of such parcels of land as the Secretary of War may deem necessary for the sites of tablets, and for the construction of the said avenues ; for determining the leading tactical positions and properly marking the same with tablets of batteries, regiments, brigades, divisions, corps, and other organizations with reference to the study and correct understanding of the battle, each tablet bear- ing a brief historical legend, compiled without praise and without censure ; fifty thousand dollars, to be expended under the direction of the Secretary of War. 2 Act of August 18, 1894 ($9 Stat., 405). 45. IMPROVEMENT AND MAINTENANCE OF PUBLIC ROADS. The Sec- retary of War is hereby authorized in his discretion to improve and maintain the public roads within the limits of the national park at Gettysburg, Pennsylvania, over which jurisdiction has been or may hereafter be ceded to the United States: 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. Act of June 10, 1896 (29 Stat., 384). 46. SPECIMENS OF ARMS, UNIFORMS, ETC., USED IN BATTLE TO BE PRESERVED FOR HISTORICAL PURPOSES IN MUSEUM ON FIELD. - The 1 This statute was held to be constitutional and within the power of Congress by the decision of the Supreme Court of the United States in the case of the United States v. The Gettysburg Electric Railway Co. (160 U. S., 668). But see U. S. v.- Tract of Land, etc. (70 Fed. Rep., 940). 2 The appropriations for the Gettysburg National Park, made in the acts of Aug. 18, 1894, and Feb. 11, 1895, to the extent that they provide for objects common to both, are cumulative, while each is available for certain objects not provided for in the other. (2 Compt. Dec., 59.) The act of June 9, 1880 (21 Stat, 170), contained the following provision: "That the sum of fifty thousand dollars, or so much thereof as may be necessary, is hereby appro- priated, out of any money in the Treasury not otherwise appropriated, to complete the survey of the Gettysburg battle field ; also, to provide for the compilation of all available data used in locating troops on the engineer maps of that battle ; also, to provide diagrams showing the changing movements and positions during the engagement ; the whole to be done by or under the direction of Mr. John B. Bachelder, author of the posi- tion plates of the Government maps of that battle, under the direction of the Secretary of War : Provided, That no part of said sum shall be disbursed by the Secretary of War except for work actually performed or for materials furnished for the objects heretofore named ; and that all the maps, data, and materials prepared for, or used for, the work contemplated by this act shall be the property of the Government, to be deposited in the Department of War : And provided further, That the sum hereby appropriated shall be in full satisfaction for all work done and all material collected by the said John B. Bachelder." 31 retary of War is hereby authorized and directed to deliver to the Gettysburg Battlefield Memorial Association, at Gettysburg, Penn- sylvania, specimens of the arms, equipments, projectiles, uniforms, and other material of war used by the armies in that battle (so far as may be practicable), for the purpose of exhibiting and preserv- ing them for historical purposes in the museum at the house used by Major General Meade for headquarters, now owned by the said association, or at such other place as the directors of the association may deem proper. And that the transportation to Gettysburg be furnished by the Quartermaster's Department of the United States from the appropriation for the transportation of Army supplies. Act of July 27, 1892 (27 Stat., 276). 47. LEASES. 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, through the proper disbursing officer, to the maintenance of the park. 1 Act of June 4, 1897 (30 Stat., 44). 48. ERECTION OF TABLET TO CONTAIN PRESIDENT LINCOLN'S GETTYS- BURG ADDRESS. The Secretary of War is hereby authorized and di- rected to cause to be made a suitable bronze tablet, containing on it the address delivered by Abraham Lincoln, President of the United States, at Gettysburg, on the nineteenth day of November, eighteen hundred and sixty-three, on the occasion of the dedication of the national cemetery at that place, and such tablet, having on it be- sides the address a medallion likeness of President Lincoln, shall be erected on the most suitable site within the limits of said park, which said address was in the following words, to wit : " Four score and seven years ago our fathers brought forth on this continent a new nation, conceived in liberty and dedi- cated to the proposition that all men are created equal. " Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. We are met on a great battlefield of that war. We have come to dedicate a portion of that field as a final resting place for those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do this. " But, in a larger sense, we can not dedicate, we can not con- secrate, we can not hallow this ground. The brave men, liv- ing and dead, who struggled here have consecrated it far above our poor power to add or detract. The world will 1 The requirement of the act of June 4, 1897, which authorizes the Secretary of War to lease the lands of the Gettysburg National Military Park for agricultural purposes that " the proceeds are to be applied * * * to the maintenance of the park," relates only to the proceeds of leases so made, and not to other proceeds of the lands. (4 Comp. Dec., 343.) 32 little note, nor long remember, what we say here; but it can never forget what they did here. It is for us, the living, rather to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us ; that from these honored dead we take increased de- votion to that cause for which they gave the last full measure of devotion ; that we here highly resolve that these dead shall not have died in vain ; that this nation, under God, shall have a new birth of freedom, and that government of the people, by the people, for the people, shall not perish from the earth." And the sum of five thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to pay the cost of said tablet and medal- lion and pedestal. See. 8, act of February 11, 1895 (28 Stat., 651}. 49. DESTRUCTION or OR INJURY TO MONUMENTS, FENCES, TREES, ETC., AND HUNTING WITHIN THE PARK. If imy person shall destroy, muti- late, deface, injure, or remove, except by permission of the Secretary of War, any column, statue, memorial structure, 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, 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 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 land or approaches to the park, or shall violate any regula- tion made and published by the Secretary of War for the government of visitors within the limits of said 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 five hundred dollars, one-half for the use of the park and the other half to the informer, to be enforced and recov- ered before such justice in like manner as debts of like nature are now by law recoverable in the county where the offense may be com- mitted. 1 /^. 7, act of February 11, 1895 (28 Stat., 651}. 50. REGULATIONS. It shall be the duty of the Secretary of War to establish and enforce proper regulations for the custody, preserva- 1 For general statutes imposing penalties for offenses committed in national military parks, see act of Mar. 3, 1897 (29 Stat., 621), pars. 4 to 11, ante. tion, and care of the monuments now erected or which may be here- after 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 author- ized by the Secretary of War. Sec. 6, act of February 11, 1895 (28 Stat., 651). SHILOH NATIONAL MILITARY PARK. 51. EXTENT, DESIGNATION. In order that the armies of the South- west which served in the Civil War, like their comrades of the East- ern armies at Gettysburg and those of the Central West at Chicka- mauga, may have the history of one of their memorable battles pre- served on the ground where they fought, the battlefield of Shiloh, in the State of Tennessee, is hereby declared to be a national military park, whenever title to the same shall have been acquired by the United States and the usual jurisdiction over the lands and roads of the same shall have been granted to the United States by the State of Tennessee ; that is to say, the area inclosed by the following lines, or so much thereof as the commissioners of the park may deem necessary, to wit: Beginning at low-water mark on the north bank of Snake Creek where it empties into the Tennessee River; thence westwardly in a straight line to the point where the river road to Crumps Landing, Tennessee, crosses Snake Creek; thence along the channel of Snake Creek to Owl Creek; thence along the channel of Owl Creek to the crossing of the road to Purdy, Tennessee; thence southwardly in a straight line to the intersection of an east and west line drawn from the point where the road to Hamburg, Tennessee, crosses Lick Creek, near the mouth of the latter; thence eastward along the said east and west line to the point where the Hamburg road crosses Lick Creek ; thence along the channel of Lick Creek to the Tennessee River; thence along low-water mark of the Tennessee River to the point of beginning, containing three thousand acres, more or less, and the area thus inclosed shall be known as the Shiloh National Military Park: Provided, That the boundaries of the land authorized to be acquired may be changed by the said commis- sioners. Sec. 1, act of December 27, 1894 (%$ Stat., 597). 52. ACQUISITION OF LANDS. The establishment of the Shiloh Na- tional Military Park shall be carried forward under the control and direction of the Secretary of War, who, upon the passage of this act, shall proceed to acquire title to the same either under the act approved August first, eighteen hundred and eighty-eight, entitled "An act to authorize the condemnation of land for sites of public buildings, and for other purposes," or under the act approved Feb- ruary twenty-seventh, eighteen hundred and sixty-seven, entitled 34 "An act to establish and protect national cemeteries," as he may select, and as title is procured to any portion of the lands and roads within the legal boundaries of the park he may proceed with the establishment of the park upon such portions as may thus be acquired. Sec. 2, id. 53. COMMISSIONERS, APPOINTMENT, COMPENSATION. The affairs of the Shiloh National Military Park shall, subject to the supervision and direction of the Secretary of War, be in charge of three com- missioners, to be appointed by the Secretary of War, each of whom shall have served at the time of the battle in one of the armies en- gaged therein, one of whom shall have served in the Army of the Tennessee, commanded by General IT. S. Grant, who shall be chair- man of the commission; one in the Army of the Ohio, commanded by General D. C. Buell; and one in the Army of the Mississippi, commanded by General A. S. Johnston. The said commissioners shall have an office in the War Department Building, and while on actual duty shall be paid such compensation out of the appropria- tions provided by this act as the Secretary of War shall deem reason- able and just ; and, for the purpose of assisting them in their duties and in ascertaining the lines of battle of all troops engaged and the history of their movements in the battle, the Secretary of War shall have authority to employ, at such compensation as he may deem reasonable, to be paid out of the appropriations made by this act, some person recognized as well informed concerning the history of the several armies engaged at Shiloh, and who shall also act as sec- retary of the commission. Sec. 4, id- 54. SAME, DUTIES. It shall be the duty of the commission named in the preceding section, under the direction of the Secretary of War, to open or repair such roads as may be necessary to the purposes of the park, and to ascertain and mark with historical tablets or other- wise, as the Secretary of War may determine, all lines of battle of the troops engaged in the Battle of Shiloh and other historical points of interest pertaining to the battle within the park or its vicinity, and the said commission in establishing this military park shall also have authority, under the direction of the Secretary of War, to em- ploy such labor and services and to obtain such supplies and material as may be necessary to the establishment of the said park under such regulations as he may consider best for the interest of the Govern- ment, and the Secretary of War shall make and enforce all needed regulations for the care of the park. Sec. 5, id. 55. SAME, LOCATION OF OFFICE; LIMITATION UPON COST OF LANDS. The commissioners appointed under the act of Congress approved December twenty-seventh, eighteen hundred and ninety-four, to have charge, under the Secretary of War, of the affairs of the Shiloh Na- tional Military Park, shall have their office at Pittsburg Landing, 35 Tennessee, or at such other point convenient to the battlefield of Shiloh, Tennessee, as the Secretary of War may direct; and the limit of cost of all the lands to be embraced in the said park is hereby fixed at not to exceed fifty thousand dollars. 1 Act of March 2, 1895 (28 Stat., 945). 56. STATES AUTHORIZED TO MARK LINES or BATTLE BY MONUMENTS, TABLETS, ETC. It shall be lawful for any State that had troops en- gaged in the battle of Shiloh to enter upon the lands of the Shiloh National Military Park for the purpose of ascertaining and marking the lines of battle of its troops engaged therein : Provided, That be- fore any such lines are permanently designated the position of the lines and the proposed methods of marking them by monuments, tab- lets, or otherwise shall be submitted to and approved by the Secre- tary of War, and all such lines, designs, and inscriptions for the same shall receive the written approval of the Secretary, which ap- proval shall be based upon formal written reports, which must 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. 6, act of December 87, 1894 (88 Stat., 597). 57. LEASES. The Secretary of War is hereby authorized to enter into agreements whereby he may lease, upon such terms as he may prescribe, with such present owners or tenants of the lands as may desire to remain upon it, to occupy and cultivate their present hold- ings upon condition that they will preserve the present buildings and roads and the present outlines of field and forest, and that they only will cut trees or underbrush under such regulations as the Sec- retary may prescribe, and that they will assist in caring for and pro- tecting all tablets, monuments, or such other artificial works as may from time to time be erected by proper authority. Sec. 3, id. 58. DESTRUCTION OF OR INJURY TO MONUMENTS, FENCES, TREES, ETC. 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 destoy, 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 said park, or hunt within the limits of the park, or shall remove or destroy any breastworks, earthworks, walls, act of June 4, 1897 (30 Stat., 43), contained the requirement that "the limit of cost of all the lands to be embraced in the said park is hereby increased to not to exceed fifty thousand dollars." 36 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 aggravation of the offense, of not less than five nor more than fifty dollars, 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 com- mitted. 1 Sec. 7, id. 59. DISBURSEMENTS TO BE APPROVED BY THE SECRETARY OF WAR AND REPORTED ANNUALLY TO CONGRESS. To enable the Secretary of War to begin to carry out the purpose of this act, including the con- demnation or purchase of the necessary land, marking the bound- aries of the park, opening or repairing necessary roads, restoring the field to its condition at the time of the battle, maps and surveys, and the pay and expenses of the commissioners and their assistant, the sum of seventy-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. #, id. 60. CONDEMNED CANNON, CANNON BALLS, ETC. The Secretary of War and the Secretary of the Navy are hereby authorized to deliver to the Commissioners of the Shiloh National Military Park, at the park, upon the requisition of said commissioners, such condemned cannon, cannon balls, and shells as may be needed for the purposes of the park. Act of June 11, 1896 (29 Stat., 44%). 61. SAME. The Secretary of War and the Secretary of the Navy are hereby authorized to deliver to the Commissioners of the Shiloh National Military Park, at the park, upon the requisition of the commissioners, such condemned cannon, cannon balls, and shells as may be needed for the purposes of the park. Act of February 26 ', 1898 (29 Stat., 44)- VICKSBURG NATIONAL MILITARY PARK. 62. ESTABLISHMENT, EXTENT. In order to commemorate the cam- paign and siege and defense of Vicksburg, and to preserve the his- tory of the battles and operations of the siege and defense on the ground where they were fought and were carried on, the battlefield of Vicksburg, in the State of Mississippi, is hereby declared to be a national military park whenever the title to the same shall have 1 For general statutes in respect to offenses in national military parks, see the act of Mar. 3, 1897 (39 Stat., 621), pars. 4 to 11, ante. 37 been acquired by the United States and the usual jurisdiction over the lands and roads of the same shall have been granted to the United States by the State of Mississippi; that is to say, the area inclosed by the following lines, or so much thereof as the commis- sioners of the park may deem necessary, to wit : Beginning near the point where the graveyard road, now know as the City Cemetery road, crosses the line of the Confederate earthworks; thence north about eighty rods ; thence in an easterly direction about one hundred and twenty rods; thence in a southerly direction, and keeping as far from the line of the Confederate earthworks as the purposes of the park may require and as the park commission, to be herein- after named, may determine, but not distant from the nearest point on said line of Confederate earthworks more than one hundred and sixty rods at any part, to a point about forty rods south and from eighty to one hundred and sixty rods east of Fort Garrott, also known as the " Square Fort " ; thence in a westerly direction to a point in the rear of said Fort Garrott ; thence in a northerly direc- tion across the line of the Confederate earthworks and to a point about two hundred feet in the rear of the said line of Confederate earthworks; thence in a general northerly direction, and at an approximate distance of about two hundred feet in the rear of the line of Confederate earthworks as the conformation of the ground may require, to the place of beginning. This to constitute the main body of the park. In addition thereto alstrip of land about two hundred and sixty- four feet in width, along and including the remaining parts of the Confederate earthworks, namely, from the north part of said main body of the park to and including Fort Hill or Fort Nogales on the high hill overlooking the national cemetery, and from the south part of said main body of the park to the edge of the bluff at the river below the city of Vicksburg; and also in addition thereto a strip of land about two hundred and sixty-four feet in width, as near as may be, along and including the Federal lines opposed to the Confederate lines herein and above named and not included in the main body of the park; and in further addition thereto such points of interest as the commission may deem neces- sary for the purposes of the park and the Secretary of War may approve; the whole containing about one thousand two hundred acres, and costing not to exceed forty thousand dollars. 1 Act of Feb- ruary 21, 1899 (30 Stat., 841). J The act of February 9, 1900 (31 Stat., 12), contains the requirement that "the sum of five thousand dollars, or so much of said amount as may be necessary, may be expended, with the approval of the Secretary of War, in addition to the amount author- ized by section one of the act approved February twenty-first, eighteen hundred and ninety-nine, in the purchase of lands to be used as a part of the site of said park." This clause operates to increase the limit of expenditure for land from $40,000 to $45,000. By the act of June 6, 1900 (31 id. 625), the additional amount of $6,000 was appropriated for the purchase of lands. 38 63. ACQUISITION OF LANDS. The establishment of the Vicksburg National Military Park shall be carried forward under the control and direction of the Secretary of War; and the Secretary of War shall, upon the passage of this act, proceed to acquire title to the same by voluntary conveyance or under the act approved August first, eighteen hundred and eighty-eight, entitled "An act to author- ize the condemnation of land for sites of public buildings, and for other purposes," or under act approved February twenty-second, eighteen hundred and sixty-seven, entitled "An act to establish and protect national cemeteries," as he may elect or deem practicable; and when title is procured to all of the lands and roads within the boundaries of the proposed park, as described in section one of this act, he may proceed with the establishment of the park, and he shall detail an officer of the Engineer Corps of the Army to assist the commissioners in establishing the park. Sec. #, id. 64. LEASES. The Secretary of War is hereby authorized to enter into agreements of leasing, upon such terms as he may prescribe, with such occupants or tenants of the lands as may desire to remain upon it, to occupy and cultivate their present holdings upon condi- tion that they will preserve the present buildings and roads and the present outlines of field and forest, and that they will only cut trees or underbrush under such regulations as the Secretary of War may prescribe, and that they will assist in caring for and protecting all tablets, monuments, or such other artificial works as may from time to time be erected by proper authority : Provided, That the United States shall at all times have and retain full right, power, and authority to take possession of any and all parts or portions of said premises and to remove and expel therefrom any such occupant, tenant, or other person or persons found thereon whenever the Sec- retary of War or the commissioners shall deem it proper or neces- sary; and such right, power, and authority shall be reserved in ex- press terms in all leases and agreements giving or granting such occupant or tenant the right to remain in possession as herein con- templated; and thereupon said occupant or tenant or other persons who may be required to vacate said premises shall each and all at once surrender and deliver up the possession thereof. Sec. 3, id. 65. COMMISSIONERS, APPOINTMENT, COMPENSATION. The affairs of the Yicksburg National Military Park shall, subject to the supervi- sion and direction of the Secretary of War, be in charge of three commissioners, to be appointed by the Secretary of War, each of whom shall have served at the time of the siege and defense in one of the armies engaged therein, two of whom shall .have served in the Army commanded by General Grant and one in the Army com- manded by General Pemberton. The commissioners shall elect one 39 of their number chairman; they shall also elect, subject to the ap- proval of the Secretary of War, a secretary, who shall also be his- torian, and who shall possess the requisite qualifications of a com- missioner, and they and the secretary shall have an office in the city of Vicksburg, Mississippi, or on the grounds of the park, and be paid such compensation as the Secretary of War shall deem reason- able and just. Sec. 4? id. 66. SAME, DUTIES. It shall be the duty of the commissioners named in the preceding section, under the direction of the Secretary of War, to restore the forts and the lines of fortification, the paral- lels and the approaches of the two armies, or so much thereof as may be necessary to the purposes of this park ; to open and construct and to repair such roads as may be necessary to said purposes, and to ascertain and mark with historical tablets, or otherwise, as the Sec- retary of War may determine, the lines of battle of the troops en- gaged in the assaults, and the lines held by the troops during the siege and defense of Vicksburg, the headquarters of General Grant and of General Pemberton, and other historical points of interest per- taining to the siege and defense of Vicksburg within the park or its vicinity; and the said commissioners in establishing this military park shall also have authority under the direction of the Secretary of War to do all things necessary to the purposes of the park, and for its establishment under such regulations as he may consider best for the interest of the Government, and the Secretary of War shall make and enforce all needful regulations for the care of the park. 1 Sec. 6, id. 67. STATES AUTHORIZED TO MARK LINES or BATTLE BY MONUMENTS, TABLETS, ETC. It shall be lawful for any State that had troops en- gaged in the siege and defense of Vicksburg to enter upon the lands of the Vicksburg National Military Park for the purpose of ascer- taining and marking the lines of battle of its 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 shall be submitted to and approved by the Secretary of War, and all such lines, designs, and inscriptions for the same shall first receive the written approval of the Secretary of War, which approval shall be based upon formal written reports which must be made to him in each case by the commissioners of the park ; and no monument, tablet, or other designating indication shall 1 The employment of persons to aid the Vicksburg Military Park Commission in pre- paring abstracts of title to and conveyances of lands to be purchased for park purposes is not the employment of " attorneys or counsel," within the meaning of section 189, Revised Statutes, which provides that " no head of a department shall employ attorneys or counsel." The employment of such persons is authorized, and compensation for such services may be made from the appropriation made in section 8 of the act of February 21, 1899 (30 Stat., 841; 6 Comp. Dec., 133). 40 be erected or placed within said park or vicinity without such writ- ten authority of the Secretary of War: Provided, That no discrimi- nation shall be made against any State as to the manner of designat- ing lines, but any grant made to any State by the Secretary of War may be used by any other State. The provisions of this section shall also apply to organizations and persons; and as the Vicksburg Na- tional Cemetery is on ground partly occupied by Federal lines dur- ing the siege of Vicksburg, the provisions of this section, as far as may be practicable, shall apply to monuments or tablets designating such lines within the limits of that cemetery. Sec. 6, id. 68. DESTRUCTION or OR INJURY TO MONUMENTS, FENCES, TREES, ETC., HUNTING WITHIN THE PARK. If any person shall, except by permis- sion of the Secretary of War, destroy, mutilate, deface, injure, or remove any monument, column, statue, memorial structure, tablet, 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 intended for the protection or orna- mentation of said park or any portion thereof, or shall destroy, cut, hack, bark, break down, or otherwise injure any tree, bush, or shrub 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 breastworks, earthworks, walls, or other defenses or shelter on any part thereof constructed by the armies formerly en- gaged in the battles on the lands or approaches to the park, any person so offending and found guilty thereof, before any United States commissioner or court, justice of the peace of the county in which the offense may be committeed, or any court of competent jurisdiction, shall for each and every such offense forfeit and pay a fine in the discretion of the said commissioner or court of the United States or justice of the peace, according to the aggravation of the offense, of not less than five nor more than five hundred dol- lars, one-half for the use of the park and the other half to the informant, to be enforced and recovered before such United States commissioner or court or justice of the peace or other court in like manner as debts of like nature are now by law recoverable in the several counties where the offense may be committed. 1 Sec. 7. id. 2 69. DISBURSEMENTS TO BE APPROVED BY THE SECRETARY OF WAR AND REPORTED ANNUALLY TO CONGRESS. To enable the Secretary of War to begin to carry out the purpose of this act, including the condem- !The share in the fine offered by section 7 of the act of Feb. 21, 1899 (30 Stat., 841), was apparently meant as a reward to the informant, and any other reward offered for final conviction would be an additional amount for the same service, the payment of which would be unauthorized. (14 Comp. Dec., 732.) 2 For general statutes in respect to offenses in national military parks, see the act of Mar. 3, 1897 (39 Stat., 621), pars. 4 to 11, ante. 41 nation or purchase of the necessary land, marking the boundaries of the park, opening or repairing necessary roads, restoring the field to its condition at the time of the battle, maps and surveys, mate- rial, labor, clerical and all other necessary assistants, and the pay and expenses of the commissioners and their secretary and assist- ants, the sum of sixty-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. 8, id. o \ Syracuse, **. PAL JAN. 21 ,1908 YC 63069 <( ad u s. UNIVERSITY OF CALIFORNIA LIBRARY