and its approaches as the same are defined in this act, and the expenses thus incurred shall be paid out of the appropriation provided by this act. Sec. 6, ibid. 2362. 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 positions 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 substantial 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 Chickamauga and Chattanooga. Sec. 7, ibid. STATE MONUMENTS. Location of reg. ular troops. Sec. 7, ibid. Lines of battle. Erection of his torical tablets. etc. Sec. 9, ibid. etc. 2363. The Secretary of War, subject to the approval of Care of park the President of the United States, shall have the power to make, and shall make, all needed regulations for the Regulations, care of the park and for the establishment and marking of the lines of battle and other historical features of the park. Sec. 9, ibid. MISCELLANEOUS PROVISIONS. Appropriation etc., of commis Sec. 11, ibid. 2364. To enable the Secretary of War to begin to carry for preliminary out the purposes of this act, including the condemnation work and pay. and purchase of the necessary land, marking the bounda- sion, etc. ries 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 19, 1900 (26 Stat. L., 336). 1 All vouchers in support of disbursements under the act of August 19, 1890 (26 Stat. L., 333), providing for the Chickamauga and Chattanooga National Military Park, and the acts supplementary thereto, require the approval of the Secretary of War. II Compt. Dec., 331. The act of Congress of August 19, 1890, vested in the Secretary of War a simple authority to purchase land for the purposes of the Chickamauga and Chattanooga National Park, without direction or indication as to the terms of such purchase. Deeds Reduced area. Mar. 3, 1891, v. 26, p. 978. Aug. 5, 1892, v. 27, p. 376. 2365. 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 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 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. 3, 1891 (26 Stat. L., 978). Act of March Purchases. 2366. To enable the Secretary of War to complete the establishment of the Chickamauga and Chattanooga National Military Park according to the terms of existing 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. Act of August 5, 1892 (27 Stat. L., 376). The same. Mar. 3, 1893, v. 27, p. 376. 2367. To enable the Secretary of War to complete the establishment of the Chickamauga and Chattanooga National Military Park, according to the terms of existing 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 were offered by its owners containing two conditions-first, a condition subsequent to the effect that unless certain improvements should be made the grant should become null and void; second, a proviso that in case the United States should at any future time condemn other land of the grantor, he should then be paid for the same an amount to be measured by the value, determined by appraisement, of the lands conveyed by the present deed, an arrangement which would be equivalent to giving him a claim on the United States for an unliquidated amount. Held, that such conditional conveyances could not legally be accepted by the Secretary of War, no authority being given him by the statute to bind the Government by conditions or stipulations in regard to the title or purchase. Dig. Opin. J. A. G., par. 2304. The act of July 1, 1890 (30 Stat. L., 629), contains provision for the completion of this purchase. on Orchard Knob;1 in all, one hundred thousand dollars. Act of March 3, 1893 (27 Stat. L., 376). Aug. 18, 1894, v. * complete the establishment of the The same. including road construction, * * * * 28, p. 403. foundations for State monuments, the purchase of the * 2369. To *** 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). STATE MONUMENTS. Mar. 2, 1895, v. The same. p. 945. etc., may ascer Aug. 19, 1890, s. 2370. It shall be lawful for the authorities of any State hav-Certain States, ing troops engaged either at Chattanooga or Chickamauga, tain and mark and for the officers and directors of the Chickamauga Me- etc. morial Association, a corporation chartered under the laws 8. v. 26, p. 333. 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 otherwise shall be submitted to the Secretary Secretary of of War, and shall first receive the written approval of the prove lines, etc. 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. L., 333). 2371. 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 War to first ap Erection of monuments. J. R. 8, Oct. 2, 1893, v. 28, p. 12. "The term "or other public building of any kind whatever," used in sec. 355, Rev. Sts., held to include the "observation towers," for the erection of which in the Chickamauga and Chattanooga National Park appropriations were made in the acts of August 5, 1892, and March 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., par. 681. The act of February 26, 1896 (29 Stat. L., 21), makes the unexpended balance of the appropriation for dedication ceremonies available for the current work of establish ment. for State monu ized. battlefield to take and use, under such rules and regula Use of material tions and upon such terms as said National Commission ments author- may direct, such stone and other material, 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 highways leading thereto.' Joint resolution No. 8, October 2, 1893 (28 Stat. L., 12). Restriction on erection of mon uments. Feb. 26, 1896, v. 29, p. 21. Location of State monuments. June 4, 1897, v. 30, p. 43. Leases. Aug. 5, 1892, v. 27, p. 376. Donations land for roads. 27, p. 599. 2372. 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). 2373. State memorials shall be placed on brigade lines of battle under the direction of the Park Commission. Act of June 4, 1897 (30 Stat. L., 43). LEASES. 2374. 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. Act of August 5, 1892 (27 Stat. L., 376). 2 DONATIONS. of 2375. The Secretary of War is hereby authorized to Mar. 3, 1893, v. accept on behalf of the United States donations of land for road purposes. Act of March 3, 1893 (27 Stat. L.. 599). Donations cannon, etc. of 2376. The Secretary of War and the Secretary of the Aug. 5, 1892, v. Navy are hereby authorized to deliver to the Commis 27, p. 376. 1See also paragraph 2363, ante. See also section 4, act of August 19, 1890 (26 Stat. L., 333), paragraph 2359, ante. sioners of the Chickamauga 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 marking location on the battlefields of Chickmauga, Missionary Ridge, and Lookout Mountain. Act of August 5, 1892 (27 Stat. L., 376). INJURIES TO MONUMENTS, TREES, ETC. to Punishment monuments, Sec. 10, ibid. 2377. If any person shall willfully destroy, mutilate, for injury, etc. deface, injure, or remove any monument, column, statues, etc. 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, 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, 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.1 Sec. 10, ibid. RIGHT OF WAY TO CHATTANOOGA RAPID TRANSIT COMPANY. 2378. The Secretary of War is hereby authorized, at his discretion, and upon the favorable recommendation of the Chickamauga and Chattanooga 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 commission may Right of way. 30, p. 399. May 7, 1898, v See for general provisions on this subject the act of March 3. 1897 (29 Stat. L., 621), par. 2352, ante. |