The Portland daily press., 1897-05-25
cHAPELs ON MILITARY RESERVATION
An Exhaustive Opinion Rendered BY At
torney General.

an applic alton by Secretary Alger the
ATTORNEY General has rendered an opin-
ion as to the power OF the war depart
ment to issue licenses for the erection
of religious chapels on military reserva-
tions. The opinion was called forth by
an application for license for the erec-
tion at West Point Of Roman Catholic
chapel. Secretary Lamont issued such
licenses to Archbishop Corrigan, but this
was revoked by Secretary Alger on April
2d last, and new license granted in it's
place. The Attorney General in his opin-
ion made public today, enters into a
careful analysis of all the laws which can
be regarded as having the slightest bear
ing on the subject with the result that
only one, the act of July %, 1852, relative
to leasing unused government property
is found to have any application what
ever and that act limits the life of lease
to i've years. He says: ''It is not nee
essary to determine the character of estate
which can be created under this section,
whether In the nature of an estate upon
condition. 1t seems certain that perma-
nance of right is forbidden by it and
hence it would seem that any OCCUPATION
which contemplates permanency or con-
templates duration longer than five years
is forbidden by it. A church edifice
would seem to contemplate such occupa-
ton. In the instance in case the charac-
ter of such structure which is desired to
be erected certainly does. AS struc-
ture with integrity preserved-it cannot
be removed upon revocation or at the end
of the term.
"It is proposed that the church shall be
the property of the government. The
RnxTQr MT xrrbn L.
offer says:
+" If this permission be granted [ pro-
pose to build neat stone chapel to cost
about $50, 1000, the money to be provided
by me and the plans of the building to
be submitted to the superintendent of
the military academy for his approval or
modification. On its completion the
States government for use in perpetuity
of the Roman Catholics who may reside
at West Point
"This condition cannot be complied
with. 1t is very clear that the Secretary
IF War has no power to accept donation
of property for the goyernment-certainly
not to accept it with the limitation pro-
posed-its use in perpetuity to Roman
Catholics.
'The action of Mr.. Secretary Lamont
did not respond to the offer may be
excludes. Nevertheless there are serious
objections to it. 1t gives not lease hay
ing a specified duration, but license
W ithout limitation of time.
sit is provided by the license that the
chapel will be erected and maintained
at the cost of the licensee and his success.
sors 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. G. G. O'Keefe, rector and his sue
cessors, under the general military CON
troll and supervision of the United States
military academy. The site for the
chapel and its dimensions will be de-
signated by the superintendent and be-
fore any work of building construction
is commenced, the plans and specifica-
tions of the structure will be submitted
to and receive his approval and he will
also assure himself that funds adequate
to the completion of the chapel are avail
able. In case of revocation of this license
the building will be removed within
sixty days and any sum which may have
to be expended in putting any premises
or property hereby authorized to be
occupied or used. in as good condition for
use by the United States as it is at this
date, shall be repaid by the said Right
Rev M. A. Corrigan or his successors,
York, on demand ("
By order of April 2, 1897, the license
was revoked and another granted by
you which has the same general provis-
ions but specifically requires the chapel
to be of stone and of dimensions indi-
Gated upon blue print plan attached
to the license and made part of it. BY
this the dimensions of the chapel will
be 81 feet wide in its narrowest part; So
feet at its widest part with length of
over rs feet. 1t is to be removed with
in six months after notice of revocation
That these licenses transcend the
statute is plain. The statute provides
for definite term with power of even
revoke that. The licenses provide for
no term and really commit the govern
ment to a practical perpetuity. 1t would
be idle to deny this--idle to deny that
you do not expect to exercise it moi is it
expected that you will exercise the power
of revocation except in emergency. In
deed, a contention not without some
authority could be raised that you could
not. At any rate the government would
find itself embarrassed either to endure
a perpetuity of right in the licensee or ex-
ercise an invidious power.
The license should therefore be revoked
and the petitioner remitted to Congress.
BODIES NOT RECOVERED.