Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-07-10
THE GETTYSBURG FIELD.
Opinion of the Attorney General as to the
Governments Power.
The Secretary of War Can Commence Con-
domination Proceedings and Enjoin
the Trolley Company.

The following is the text Of the letter of the
Attorney General to the Secretary Of War in
regard to the Gettysburg battlefield:
BY the act of March 8, 1898, making appro-
pristions for sundry civil expenses Of the gov
eminent for the fiscal year ending June 80,
1894. and for other purposes" it ia, among
other things, provided as follows:
monuments and tablets at Gettysburg: For
the purpose Of preserving the lines Of battle at
Gettysburg, Pa, and for properly marking
with tablets the positions occupied by the vari-
Gus commands Of the armies of the Potomac
and Of Northern Virginia on that field, and for
opening and improving avenues along the posi-
tons occupied by troops upon those lines, and
for fencing the same. and for determining the
leading tactical positions of batteries, regi-
ments, brigades. divisions, corps and other or
CARNATIONS with reference to the study and
correct understanding Of the battle, and to
mark the same with suitable tablets, each bear
ing u brief historical legend. compiled without
praise and without censure the sum Of s25, 900,
to be expended under the direction Of the
Secretary Of War.
TIE CONDITION OF THINGS.
upon taking steps to carry out the provisions
of this act, you say that you find q company
known as The Trolley Company a corpora
ton under the laws Of Pennsylvania, already
feld, constructing a railroad along and across
some OF the most important lines of battle and
through some Of the most hotly contested por-
lions Of the field, removing boulders. trees and
other well-known and historic marks; that the
said company has secured a right Of way on
certain streets inside and certain roads out
side of Gettysburg and the fee and right Of
way to the lands over which the railroad is be-
ing constructed. and that the construction OF
this road where and in the manner ii is being
1sNr0A -. -
struction to the work contemplated by the act
OF Congress, and you submit the following
questions:
II. Whether there is any legal remedy or
means to prevent the further construction and
operation of the railroad; and il so. what?
- Whether the government can proceed to
condemn the land which said railroad
Is being constructed and take possession Of the
same under condemnation proceedings. or OF
the portion Of the said land where the construc-
ton Of the railroad is the most seriously inter-
fering with the carrying out OF the act Of Con-
gress.
THE REMEDY.
by an act OF the general assembly OF the
commonwealth of Pennsylvania, approved May
.. 1889, the consent of the commonwealth Of
Pennsylvania is given to the acquisition by the
United States of sucn pieces and tracts Of land
situated upon and in the neighborhood of the
battlefield Of Gettysburg as NAV be selected by
direct. for the proper marking of the positions
Of each of the several commands of the army
Of the United States in the battle of Gettys-
burg. for opening and constructing roads and
avenues in connection with the positions occu-
pied by the federal and confederate forces en-
gagged in said battle. for the preservation of the
grounds covered by said battlefield for histori-
cal and other purposes, and for making such
other improvements in connection with said
battlefield the government Of the United
States may from time to time deem proper.
The act cedes jurisdiction to the United States
over any lands that NAV be acquired by it
under the act, and provides for the condemna-
ton of lands that cannot be acquired.
The provisions Of law seem to be ample to
enable you by condemnation proceedings to
quire such property and rights may be neces-
sary to carry out the act Of Congress. II you
commence such proceedings you would be JUS
titled in applying to the court for injunction
TO prevent further construction and operation
of the railroad pending the condemnation The
proceedings should be had in the United States
court. under the provisions Of the act Of Au-
gust I. 1888
"(Signed) LAWRENCE MAXWELL, JR.,
.'Acting Attorney General"