The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-17
AN imp RTANT CASE.

Mr.. Justice peckham Of New York an
nounced his first decision In the supreme
court of the United States on Monday,
TIL case In which this decNion was rem
dered is one of much public Importance.
1t relates to a new application OF whas
lawyers call the power of eminent domain.
This power is exercised by the governments
of the United States, or the government OF
n state, whom IL takes tho lands of private
persons In order TO devote such lands to
some public use. Such taking Is only pos
sible under the federal md state govern
ments, upon making compensation to the
owners, and, as n rule, the purpose for
which the property is Acquired must be
public-that IL Co say, one in which a con-
siderable portion Of tho community Is in
terestcd.
Some time ago congress passed an act
empowering the national government to
acquire lands at Gettysburg in order TO
establish and preserve a military park
there, which should perpctuate the MEM
DRY of the great battle in 1868. The con-
stitutionality pf this legislation was at
tackled In the circuit court of tho United
States i'm Pennsylvania. Circuit Judge
Dallas held that the law was unoonstitu-
tional, but District Judge Butler thought
otherwise and wrote "A dissenting opinion,
saying:
"In my judgment, this Is n legitimate
public use OF tho land The battle was a
great lesson in military science, the great
est ever taught on this continent at least,
n most important illustration In strategy
and the art of war. That IL may be fully
understood and appreciated hereafter, IL
Is necessary TO do just what is proposed
preserve tho battlefield In its original con.
dition, mark the positions and movements
of the troops and a. different arms Of the
service at the various stages Of the battle,
go that IL MAJ be seen, as upon n great
chart, precisely how tho ba.tlo was fought.
The government proposes to perpetuate
and secure this lesson for the sake Of what
Il may teach 20 those who ut present con
stitute It's armies as well as 20 those who
will hereafter constitute them. In my
judgment, this Is "a legitimate purpose,
n 10 can only be accomplished by taking
the land. The power to take IL Is, | be-
liove, embraced In tho power TO maintain
armies and teach them military science. "
The supreme court OF tho United states,
speaking through Mr.. Justice Pcckbam,
o%yorrulCs Judgo Dallas aud agrees with
Judge Butler. Not only on principle, but
In the light q the p~rocedcnts, there Is no
difficulty In approving this decision. u
snyolvos at most only n slight extension
of the power OF eminent domain, which
has already repeatedly been exercised by
the United states, with the approval Of
the courts, over property within tho SOW.
oral aNtcs which the general government
sought 20 DcqGir fer military purposes.
To tho ipnamornblo pilgrims who yisl,
Gettysburg tho decision will insure the
continued opportunity, which they could
not otherwise enjoy, 81 seeing tho battle.
Hold as nearly as possible rs 10 appeared
10 the contcnding armies In 1868. 49,
LOO lHtl Asa 4i D.. sitOn, the CTippiC
Crock mining ~millioheire. ~ now cstimai.
al az slhe,0o0 % mcnth. 70 an comcs from
Tho Independence miro, which lao once
uied W sell In vain for sloo, 900.