Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-08-01

has approved without comment an OpIn-
ion by Attorney General Wickersham TO
the effect that there is no provision of
law by which the statue of Gen. Robert
f. Lee, in Confederate uniform, can be
removed from Statuary Hall in the Capt.
toll at Washington.
In addition To deciding the question on
a purely legal basis, Mr.. Wickersham ar
CUES the matter from an ethical point
of view, declaring that Lee has come 10
be regarded IMPLYING all that was
best in the cause To which he gave his
services That fle state Of Virginia
should designate him FOR a place i'll
Statuary Hall as one iIlustrious for dis
tinguished military service. the Attorney
General declares, is but natural and war
ranted under the reading of the law.
Protest From, G. A E.
Mr.. Understands opinion was called
forth by protests to the President from
the Department of New York, Grand
Army Of the Republic. In his opinion,
addressed to and approved by the Presi-
dent. Attorney General Wickersham says:
Il have read the resolutions adopted by
the Department OF New York, Strand
Army of the Republic, at Syracuse June
%. and the communication OF Mr. James
Tanner with respect 10 them The act of
July >, 1861, referred to. provides flor the
creation of suitable structures and rail-
ingS in the old hall OF the House of Rep
reSentativeS for the reception and protec-
ton of statuary, which. Is ID be under the
SUPERVISION and direction OF the chief OF
engineers in charge Of public buildings
and grounds, ana the statute authorizes
the President 10 invite each and ali the
states to provide and furnish. statues IN
marble or bronze, not exceeding two III
number for each state, OF deceased per
sons who have been citizens thereof, and
iliustriouS fer their historic renoWn, or for
distinguished civic or military services,
such as each state shall deem to be
worthy of this national commemoratiOn;
and when so furnished the same shall be
placed in the Old hail of the House OF
Representatives IN the Capitol OF the
United States, which IS set apart, or 50
much thereof as may be necessary, as a
national statuary hall for the purposes
herein Indicated
Did Not Fix Limitation.
1T is probably true. continues the
Attorney General that when this act
was passed Congress did not contemplate
that any state would designate one or
more OF its citizens WHO were then en-
gagged in warlike rebellion against the
government of the United States as per-
sons Industrious for their historic renOwn
or for distinguished civic or military serv-
ices whose statues should be placed in
this hail.
Nevertheless. perhaps in the '.qpe that
what Mr. Lincoln fttingly described as
this scourage of war might soon pass
away, and that reunited country might
be realized, Congress placed 10 Limitation
in the act upon the exercise Of the dis
erection of any state III selecting these
persons. whom it may deem TO be worthy
of this national commemoraton-'
1t is now forty-iVe years since the
civil war closed Robert E. Lee has come
to be generally regarded typifyiIg
not only what was best in the cause to
which, at the behest OF his native state.
he gave his services. but also the most
loyal and unInurlnuring acceptance of
the complete overthrow OF that cause.
States Choice Logical.
THAT the state of Virginia should
designate him as one il!uStriouS for dis
tinguished military service is therefore
natural: that his statue should be clothed
in the Confederate uniform. thus elo-
ouently testifying to the fact that a
magnanimous country has completely for
given an unsuccessful effort to destroy
the Union, and that that statue should
be accepted in the national Statuary Hall
as the symbol of the acceptance without
misgivngs of complete surrender and
a renewed loyalty should surely provoke
no opposition
But, at all events, independently of
the question of taste, the act OF Congress
places no restriction upon the designa-
lion by the states OF those Whonf they
NAV desire to honor III this way, nor
does it vest in any official any censorship
concerning the designation of the cos
tune in which that statue snail be de-
therefore. under the existing law,
ON Of the opinion that no objection can
he lawfully made to the placing in Statu-
arv Hall of tn enational Capitol of
statue of Robert r. Lee clothed in the
Confederate uniform.