The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1905-08-31
VALLEY FORGE
To 30 Taken in Charge by Park Commission

In the Montgomery County
Court Judge Swartz handed down
an opinion refusing to grant a pre-
liminary injunction restraining the
Valley Forge Park Commission
from proceeding to condemn Wash
ington' s headquarters and four acres
Of land at Valley Forge The pro.
perty has been owned for twenty
seven years by the Centennial and
Memorial Association of Valley
Forge who sought to retain the
historic possessions by appealing to
the Court, by which the association
was granted perpetual charter on
July S, 1873.
When the injunction was argued
two weeks ago the association con-
tended that the taking of the pro.
perty was not for public use with.
in the meaning of the State Consti.
tuition; that such taking was de-
structive of the associations fran
chise and in violation of the Consti-
tuition OF the United States, which
forbids til. impairment of the
obligation of a contract of any State;
also that the association already
preserves the grounds for the EN-
joyment of the public. and that the
legislation under which the Park
Commission proposes to act was
special legislation.
"Under the law and admitted facts
we cannot sustain anv one of the
four propositions advanced" said
Judge Swartz. THAT the State is
taking property for public use when
itappropriates the hallowed ground
of Valley Forge as public place or
park, to be preserved for the en-
Joyment of the people ofthe State,
connot be admitted of doubt. BY
such Use of the sacred grounds the
State impresses upon the hearts of
her people the value of the sacrifice
made by the suffering soldiers in
the establishing of our republic. By
this park we show proper recogni.
tion OF the great things that were
done III the momentous days of the
winter of I777-7S. The action of
the State teaches our children the
love and veneration due to the
heroic sacrifices made for our lber
ties. 1t is not only the right, but
the duty of the State to kindle
spirit OF patriotism in the heart of
every citizen.
Where all act of Assembly is
passed and approved, we must
assume that all the necessary for
malities were complied with. Unless
the failure to give public notice is
IS admitted, we cannot assume that
this requisite was neglected. We
also notice that one of the purposes
of establishing a park at Valley
Forge was to provide camping
ground for the National Guard.
This may be of considerable weight
in determining whether the State is
taking property for public use If
the National Guard is to receive
military training and discipline, a
place must be provided for that |
purpose. The State is interested in
securing a proper place to train her |
soldiers. If the Legislature appro-
PIRATES property for a permanent
military camp. is it not taking pro.
perty for public use? The environ
ments Of Valley Forge, with its
historic associations, ought to instil
the principles that make good
soldiers.
"Tested by this inquiry, no trust
was at any time imposed on the
property ofthe association, which is
not required to admit to its park the
public. The association purchased
the property, and may hold it for
the sole use of its members. True,
the public has always been admitted
upon the payment of a small fee, but
the test is, could the association be
compelled to admit visitors2 Is the
property or any part of it held in
trust for the public
An exchange has fpured ont