Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-05-24
The Attorney General on the Pro-
posed West Point Chapel.
SECRETARY OF WAR Is RESTRICTED
No Right to Authorize the Erection
of a Sectarian Building.
CONGRESS HAS JURISDICTION


recently rendered by Attorney General
McKenna to Secretary of War Alger in re-
gard to the proposed erection of a secta-
rian chapel OH the government reservation
at West Point, N. Y:
You state that the Rev. c. G. O'Keefe
petitioned Col. o. H. Ernst, superintendent
of the United States Military Academy at
West point, for permission to erect Ro-
man Catholic chapel there for the use of
the Roman Catholic cadets, etc. The petit
ton you inclose.
You further state that on the Sd of
March of this year Secretary of War La
mont issued to the Right Rev. M. A. Cor
rigan, Roman Catholic archbishop of the
archdiocese of New York, a revocable IL
cense to erect and maintain a chapel on
the military reservation at West Point,
and that said license was on the I'd of April
revoked by you and new license granted
In its place This license you inclose
A question being raised as to the legality
OF this action. you ask whether granting
licenses Of this character is or is not le-
gal?'
l reply as follows:
west Point is government property, and
hence conveyances of 1t or uses of it can
only be authorized by Congress. Has Con-
gress so authorized? The only direct pro-
visions as to it is section 1881, which reads
as follows:
''fhe supervision eIId charge Of the acad-
envy shall be In the War Department, I'M
der such officer or officers as the Secretary
or war may assign to that duty"
This section has a special and partial
purpose, and gives no authority to dispose
OF the use of property"
There are other provisions more general
anc In report made to Congress by the
secretary of War there is an enumeration
OF cases In which there were granted
licenses for the occupation (of more or less
oufat1on) OF parts of other military reser-
vations. Some of these cases were of
trif1ing moment. but others were important
Hotels were authorized and the erection of
church edlhces for particular denomina-
IONS VI the latter one was to the Episco-
palians at Governors Island, NJ Y; one to
the Catholics at Fort Leavenworth. Kan.
ana one also at Fortress Monroe to the
same denomination.
The Law on the Subject,
The privileges were denominated revoca-
be licenses, and came to be based on sec-
tons 16l and 217 of the Revised Statutes.
The sections are follows:
Sec 16l. THE head of each department
Is authorized to prescribe regulations. not
Inconsistent with law, for the government
OF MS department, the conduct of its Off.
GERS and clerks, the distribution and per-
formance of Its business, and the custody.
use anu preservation of the records pa
pers ana property appertaining to it,
have the custody and charge of all the
DOCKS, records, papers. furniture fixtures
ana other property appertainiIg to the de-
partment."
1t is manifest that thew do not ,uthor;,a
the practice exercised
On July ., 1884, Congress passed an act
OF winch section = is as follows:
me Secretary of War shall have the
authority, In lis discretion, to permit the
extension of state. county and territoriaI
roads across military reservations to per-
mt the landing of ferries the erection of
oliuees thereon, and permit cattle sheep
D. otner stock animals to be driven across
such reservation whenever, in his iudp
ihent the same can be done without injury
u the reservation or Inconvenience to the
ni1itary forces stationed thereon"
inns section is special and needs no COM
nient except that at least part of it was nm
necessary if the practice of the War Dc
pertinent was legal. To permit the tenn
pofar. trespass OF passing cattle was sure
!! WITHIN a power which could grant
incense to build church or hotel r.
therefore MAJ. be regarded as certain that
~ was the view of Congress that an ex-
t plicll au'hority was necessary for even a
I. dhsieht occupation of military reservo-
.ion Ior other than it's special purpose. and
II was natural when more durable interests
were authorized by the act of july ~ 1872
'nry were precisely guarded and limited.
Inc act of July % is as follows:
That authority be- and is hereby o.,,.,,
70 !ne secretary of War. when in his dis
ereuon 1t will be for the public good 10
and 1e, lop period not exceeding five years,
anu refocable at any time, such propertv
OF the United States under his contro,
as Lay not for the time be required for
public Use and for the leasing of which
o oneIe s Is no authority under existing law,
anu sich leases shall be reported annually
10 Congress: Provided, That nothing II,
whlch act contained shall be held to annIv
July -, 1922 N,pp-o'eu
fn afn
acter OF estate which can be created under
thls section, whether one strictly at will
ara revocable by both parties or whether
IN Il. . .ne nature OF an estate upon condition.
~ seems certain that permanence of right
Is 1orbidcen by it. and hence it would seem
that an occupation which contempIates per-
maheney or oontemplates duration longer
e ci,an nve years Is forbidden by it. A
Church edlhce would seem to CONTEMPLATE
such occupation. In the instance case thu
character of structure which is desired IN
De erected certainly does. AS structure
WITH integrity preserved-it cannot be re-
noVeu upon revocation or at the end oe
the term.
The Proposed Donation.
1t is proposed that the church shall be
the property of the government The rev.
erend gentleman who makes the offer savs.
II this permission be granted 1 propose
TO build neat stone chapel to cost about
s9o.Oco. the money to be provided by me
and the plans of the building to be SUBJ
United to the superintendent of the Military
academy for his approval or modification.
On Its completion the chapel will be hand
ed over to the United States government
Tor use in perpetuity of the Roman Cath
ollcs who may reside at West Point"
This condition cannot be complied with
IL is very clear that the Secretary of War
has no power to accept donation of prop
erty for the government-certainly not to
accept II with the limitation proposedSits
use IN perpetuity to Roman Catholics
Tne action Of Mr.. Secretary Lamont did
not respond to the offer-may be excludes
It. Nevertheless, there are serious objec-
lions to 1t. 1t gives not a lease having a
specihed duration, but license without
limitation of time.
1t Is provided by the license that The
chapel Will be erected and maintained at
the cost OF the licensee and his successors
and used for the religious worship of the
Roman Catholics at West Point. During
construction and thereafter the chapel shall
be In the local custody of Rev. c. G.
Okeefe. rector, and his successors, under
the general military control and super
vision of the superintendent of the United
States Military Academy. The site for the
chapel and Its dimensions will be desig-
mated by the superintendent and before
any work of building construction fs coro