New-York tribune., 1910-08-01
President Taft Approves of It
Remaining in Capitol.
Mr.. WICKERSHAM'S OPINION
Attorney General Says There
Can Be No Lawful Objection to
the Efigy in Statuary Hall.

Beverly, Mass. July 31-President
Taft has approved, without comment, an
opinion by Attorney General Wicker
vision of law by which the statue of
General Robert L. Lee, in Confederate
uniform. can be removed from Statuary
Hall in the Capitol at Washington.
In addition to deciding the question Oh
d purely legal basis. Mr. Wickersham
argues the matter from an ethical point
of view, declaring that Lee has come
to be regarded as typifying all that was
best in the cause To which he gave his
services and the most loyal and un-
murrluring acceptance OF the complete
overthrow of that cause. That the state
Of Virginia should designate him for a
place in Statuary Hall as one illustrious
far distinguished military service the
Attorney General declares. is but nat
ural, and warranted under the reading
Of the law.
M Wickersham's opinion was called
forth by protests TO the President from
the Grand Army of the Republic, De
partment of New York. In his opinion,
addressed to and approved by the Presi-
dent, the Attorney General says:
nave read the resolutions adopted by.
the Depa RI ment Of New York, Grand Army
of the Republic, at Syracuse on June .,
and the communications Of the Hon. James
Tanner with respect 10 them. The act OF
July 2 1854 referred to, provides FOR the
erection OF suitable structures and ratings
in the old haH of the House Of Representa-
tiyes for the reception and protection OF
-I, to ~
vision and direction of the chief OF en-
ginecrs in charge of public buildings and
grounds and the statute authorizes the
President TO invite each and all the states
to nro1-ide and furnish statues in marble
or bronze. not exceeding two in number
for each state. Of deceased persons VINO
have been citizens thereof and iltusulouS
for their historic renoWn or from dlstln-
e,IiShad civic or military services. such as
Zach state shall deem 10 be worthy OF this
p.rioual commcmOrati0n. and when so fur-
,'ir9,ed The same shall be placed in the old
han Of inc House of Representatives in the
snitoJ Of the United States, Whlch IS set
apart or 50 much thereof aS may pe hecSs-
sar- a. u national Statuafy nan lor lHe
purposes herein Indicated
7. ie probably true that when TINS ACT
was passed Congress DID not collleIh . .c
of itS citizens who were then engaged IN
warIike rebellion against the eoHernfneht
of the United States as persons lluS,iIouS
far their historic renoWn or lot dlSih-
.,IIisbed civic or military services whose
Sta+IIes should be placed in this hall. NeN-
ertheless perhaps III the nope ma, i Wid
NJ I lincoln so fittingly described az Lhls
-,'.,,rre,e of war" might soon pass away dnd
tbat a reunited country might be realized,
CONGRESS- placed no limitation IN the 2ct
lInoH the exercise of the dlScretlol VI ttHs ):
state in selecting those persons "iioh it
'rnav deem TO ne worthy oL 'ii" ~
cornmemOratl0n f,,o ,lo C-t,.;1
II is now forty-iiVc years SINCE 'ile NIVh
war closed Robert Z. Lee has come to be
,anaraII[- regarded as typifying not only
slI ma; vas best in the cause 10 winch
~ rbe behcst OF his native state he gave
G;s services but also the most loyal ana
,,Ir,,,-r,IIrine acceptance of the complete
uIiI,III .ti - -, iii S +bat cause That the State
of Virginia should designate nm as one
iii,,stri0IIs for distinguished military SER
,-ice. j. therefore natural: thal ms statue
should he, clothed in the tonIeueIdte UNI
form taus eloquently teSufylnS 10 the lac'
that a llaSnanimOus country HdS COLI
,,I~,a,xr forgiven an unsuccessful effort 10
dastrov the Union. and that thai STATUE
shou{d he accepted in the nauohdl SlatuaTy
I'm ae the symbol of the acceptance with
ont misgivings of a compete SUI eiluei ailu ~
= renewed loyalty, should surely proFohe
a q Il,,N,iTion RIlt at all events indepen-
DENLY of the question OF taSte. ihe act VI
Conerass pIaces no RESTRICTION upon the
6.cfgnatiOn by the states OF lHoSS whom
ttav may desire to honor IN inns way iol
does if vest in any officiai any cehsotsilll
Concerning the designation or me costume
in which statue shall ne deplclei. -
Therefore under the existing Jaw, am
r. .La oninion that 10 objection can be
lawfully made TO the placing III - otat.Idl 7
tIau of the national Capitol OF a statue oi
nhirart = I ae clothed in the Confederate
,,-,if1rT11