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2357. Upon the ceding of jurisdiction by the legislature Condemnation of the State of Georgia, and the report of the Attorney-rosec: 2, ibid. 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 Name, etc. 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 Valley road at McFarland's 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 Gordon's Mills; thence along the south side of the last-named road to Lee and Gordon's Mills; thence along the channel of the Chickamauga River to the line forming the northern boundary of the park as hereinbefore described, containing seven thousand six hundred acres, more or less. Sec. 2, ibid.
2358. The said Chickamauga and Chattanooga National Parkeande apa Park, and the approaches thereto, shall be under the con- under control of trol of the Secretary of War, and it shall be his duty, immediately after the passage of this act, to notify the condemnntion. Attorney-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 AttorneyGeneral 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, ibid.
2359. The Secretary of War is hereby authorized to enter into agreements, upon such nominal terms as he land owners to may prescribe, with such present owners of the land as may desire to remain upon it, to occupy and cultivate their present holdings, upon condition that they will pre- conditions of serve the present buildings and roads, and the present
Agreements with present
Sec. 4, ibid.
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, ibid.
Park commis. sioners,
Sec. 5, ibid.
Duties of commission,
Sec, 6. ibid.
2360. The affairs of the Chickamauga and Chattanooga National Park shall, subject to the supervision 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 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 Secre. tary of War shall deem reasonable and just. Sec. 5, ibil.
2361. 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 Employment lines, the Secretary of War shall have authority to emplor, of
at such compensation as he may 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
V. 25, p. 357.
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 Location of regunder the direction of the Secretary of War, to ascertain Sec. 7, ibid. 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 Lines of battle 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. , ibid.
Erection of his torical tablets.
2363. The Secretary of War, subject to the approval of Care of park the President of the United States, shall have the power Sec. 9, ibid. 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.
etc., of cominis.
2364. To enable the Secretary of War to begin to carry for prestminar out the purposes of this act, including the condemnation work and pay. and purchase of the necessary land, marking the bounda- sion, etc
Sec. 11, ibid. 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.
2 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 Chickamanga and Chattanooga National Park, without direction or indication as to the terms of such purchase. Deeds
Mar. 3, 1891, v. 26, p. 978.
2365. The Secretary of War, upon the recommendation of the Chickamauga Park Commissioners, may contine 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, tive, and six of the act approved February twenty-second, eighteen hundred and sixty-seven, entitled “An act to establish and protect national cemeteries," which procurement of title shall be held to be a compliance with the act establishing the said park, and the Secretary of War shall proceed with the establishment of the park as rapidly as jurisdiction over the roads of the park and its approaches and title to the separate parcels of land which compose it may be obtained from the United States. Act of March 3, 1891 (26 Stat. L., 978).
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).
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
Aug. 5, 1892, 1. 27, p. 376.
Mar. 3, 1893, V. 27, p. 376.
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. Diy. Opin. J. A. G., par. 2304.
? The act of July 1, 1890 (30 Stat. L., 629), contains provision for the completion of this purchase.
* 28, p. 403.
on Orchard Knob;1
in all, one hundred thousand dollars. Act of March 3, 1893 (27 Stut. L., 376). 2368. To complete the establishment of the The same
Aug. 18. 1894, v. park,
including road construction, foundations for State monuments, the purchase of the north end of Missionary Ridge, and monument sites in the vicinity of Glass's Mill,
in all, seventy-five thousand dollars. act of lugust 18, 1894 (28 Stat. L., 40.3). 2369. To
complete the establishment of the The same. park,
* including road work, memorial 28, p. 945. 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 Varch 2, 1895 (28 Stat. L., 947).
Mar. 2. 1895, v.
Certain States, etc., may ascer
Aug. 19, 1890, s.
2370. It shall be lawful for the authorities of any State having troops engaged either at Chattanooga or Chickamauga, hains and pure 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 Chickamanga and Chattanooga National Park for the purpose of ascertaining and marking the lines of battle of troops engaged therein: Prorided, 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, ete. 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. Ser. 8, act of August 19, 1890 (26 Stat. L., 333).
2371. The said Board of Commissioners heretofore Erection of appointed pursuant to the statute creating said park is IRS Oct, 2, hereby empowered to authorize the boards or representatives of the several States building monuments upon said
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 l'nited States is therefore requisite before the appropriation can legally be expended. Dig. Opin. J. A. G., par. 681.
2 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 establishment.