The National tribune. [volume] (Washington, D.C.) 1877-1917, 1889-07-18
The Supreme Court Of Pennsylvania Decides IN
Favor Of the 72d Pa.

Favor Of the 5sd Pa.
The Supreme Court has decided the contro-
versy between the survivors Of the I'D Pa,
known as Bakers Zouaves, and the Gettysburg
Battlefield Memorial Association, in favor ofths
former organization. The Baxter's Zouaves
desired to place their memorial on a certain
spot on GettysbuFg's battlefield, but the Me-
mortal Association designated an entirely diff
ferent one. Local proceedings were brought
by Capt. w. w. Ker. counsel for the survivors,
in Adams County, asking for an Injunction to
restrain the Memorial Association from inter-
fering with the I'D Pa. in placing the mOnu-
ment. The court refused the Injunction, and
an appeal was taken to the Supreme Court. and
the decision just rendered sustains the claim Of
the I'D Pa. survivors, who will proceed to
place their monument on the spot selected,
The following is the opinion Of the Court:
Appellants aver in their bill that they represent
the survivors of the I'D Pa that the Gettysburg:
Battlefield Memorial Association was Incorporated
by act Of April 80 1864, to hold and preserve the
backgrounds Of Gettysburg; also. 70 erect and
promote the erection Of structures and works OF
art and taste thereon adapted to designate the spots
OF special interest IL is aVeFTed that from time 60
time large sums Of money have been appropriated
by the Legislature In aid OF the objects above
specified that by act of June IS 1887. the sum OF
sl2l 500 was specifically appropriated for the pur-
pose OF perpefuaiing the participation therein and
marking by suitable memorial tablets Of bronze or
granite the position Of each of the commands Of
PENNSYLVANIA volunteers engaged in the battle -:
that said required the Governor TO appoint five
Commissioners TO select and decide upon the design
and material for monuments to mark the position
of each Pennsylvania command upon the battle
field, etc. that in the discharges Of said duties Tho
Commissioners were required TO cooperate with
five persons representing the survivors Of the
eTal regimental organizations or commands Of this
State engaged in said battle etc.
II Is further aveTred that the said Commissioners
were duly appointed, and appellants were dHly
selected by The survivors of said 72d Pa. to CO..
operate with them IN the discharge Of their duties,
that after appellants and said Commissioners had
Nrr4a rsFa4Fr -
the battlefield, etc, official notice of their action
and conclusion was given TO said Battlefield Me-
mortal Association, and suitable monument 70
mark the spot was procured etc. but said assOeia-
/ ton would not permit its erection Al the place
/ agreed upon by appellants and said Commission
/ ers, but declared the monument should be placed
at point 2sS feet distant therefrom and not repre-
sentiug the position of said regiment the battle
/ field, etc.
The prayer is for a decree declaring that the
power TO select the location OF the monument was
/ vested solely in the five Commissioners appointed
\ by the Governor, cooperating with appellants.
I that the monument be erected at the place chosen
/ by the Commissioners and appellants and that tho
/ Gettysburg Memorial Battlefield Association be-
/ enjoined from preventing the erection OF said
monument at the place so selected, and for further
relief
/ Ills admitted among other things that the Com
/ missioners appointed by the Governor eo-operated
with appellants, the duly constituted representa-
| tiyes OF the I'D Pa, in determining the position
/ of that regiment on the field during the battle Of
4 Gettysburg and also in deciding upon suitable
I monument or memorial tablet OF bronze 20 mark
said position and 10 peTpetate the participation OF
the regiment in said battle IL further admits that
/ the location thus liked by the Commissioners in
conjunction with the appellants accurately repre-
/ senls the true position Of the regiment while
actively engaged in the battle and also that AFTER
/ being officially notified Of such Joint action the
Memorial Association, appellee, refused TO permit
I the erection OF the monument the site desig-
mated and Fixed rs aforesaid.
/ The proceedings OF the Commissioners IS averred
in the bill and admitted by the demurrer, were
clearly within the scope of their authority vested
\ In them by the act 1857. under which they were
appointed. That being the case, the action Of the
/ Memorial Association in refusing TO recognize
/ their authority in the premises only be justi.
/ fed on the ground virtually assumed by counsel
| that the Commonwealth, acting through the
right either TO designate the position where any OF
4 her regiments specially distinguished themselves
during the battle, or, at her own expense 10 mark
\ the same by the erection of a suitable monument.
/ this proposition. On the contrary, think is
is wholly untenable- IL IS not in harmony with
the purposes evidently intended TO be accomplished
/ by and through the Memorial Association as ex-
/ pressed in the act incorporating IL.
The people of this Commonwealth, through
their representatives fit TO appropriate large
sum of money for the purpose of designating, and
/ by suitable monuments marking. spots Of special
/ interest conspieuously occupied by their own
/ regiments while engaged in battle etc. That was
ali clearly in furtherance Of of the very objects
| for which the association, appellee, was iueOr-
/ pornted, and not in any manner in violation Of
any right authority vested or intended TO be ex-
elusively vested in that corporation. Indeed 10 is
expressly made It's duty TO promote the erection,
by vOuntary contributions of works of art adapted
to designate spots Of special interest" etc In view
of this and other facts in regard 20 which there
be no dispute. the act of the association complained
of in the bill was obstructive aud wholly unwaH-
ranted.
In view of the facts presented to us We think the
/ learned Judge erred ia sustaining the demurrer
and djsmissing the bill Decree reversed and bill
/ reinstated And 10 is ordered that the record be
/ RENTED for further proceedings, in accordance
with equity practice costs OF this appeal TO be paid