The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1937-05-20
The
SUPREME
COURT
AND HOW
- IT WORKS
ARLINGTON
and the Bill of Rights
By ROBERT MERRILL

0N1OR shall private proper.
| l Y ty be taken for public
use, without just compensa-
ton"
That's from the Bill of Rights,
an important part of our fed
eral Constitution.
On many occasions the Supreme
court, acting as our National Um-
pire, has been called upon to pro-
tect citizens under the clause. Some
times it has saved citizens from los
ing their homes without being ade-
quately compensated.
The most notable instance in
volved Arlington, the home of Mrs.
Robert E. Lee, wife of the Con-
federate general. Today it is the
famous national cemetery across
the Potomac from Washington,
where rest our soldier dead.
Union Takes Arlington.
Here is the story-from the rec
ords of the court:
During the war between the
states, Union forces took possession
of Arlington, and the wife of the
famed southern leader was forced
to retire behind the Confederate
lines.
In 1862, congress passed a bill en-
titled, can Act for the Collection
of Direct Taxes in the Insurrection-
airy Districts within the United
States" Under this measure COM
missioners were appointed to levy
and collect taxes and, in default of
payment, to sell the property against
which they were charged.
Various rules were drafted by the
appointed commissioners. One pro-
vided that property taxes in the
district including Arlington had to
be paid by the owner in person.
On January IL, 1864, taxes to the
sum of $92.07 were due on the Lee
estate. Since she was behind the
Confederate lines, Mrs. Lee was I'M
able to appear personally to pay
them. She sent an agent to make
the payment for her, but, because
of the arbitrary rule, the money
was refused.
Then the estate was sold to pay
the taxes. The United States gov
eminent bid it in.
Confirms Lower Court.
Mrs. Robert E. Lee died in 1872,
and her son inherited the right to
reclaim the estate. Asserting that
the government claim to his boy
hood home was unjust, he petitioned
congress to return it to him. When
that effort failed he instituted suit
against the officers in charge.
The lower court decided that the
tax sale was invalid, and, therefore,
the United States had no rightful
title to the property. But the Depart
ment of Justice appealed. The case
went to the Supreme court of the
United States for a decision. 1t af-
frrned the lower court.
Referring in it opinion to the 5th
Amendment of our Constitution-the
Amendment which provides that:
''No person shall be deprived
of life, liberty, or property without
due process of law, nor shall private
property be taken for public use
without just compensation" the Su-
preme court said:
eff this Constitutional provision is
a sufficient authority for the court
to interfere to rescue prisoner
from the hands of those holding him
under the asserted authority of the
government, what reason is there
that the same courts shall not give
remedy to the citizen whose proper
ty has been seized without due proc
ess of law, and devoted to public use
without just compensation"
Lee Sells Home to U. S.
Thus the Supreme court had up
held the Lee title-but while the
government was in possession, it
had converted part of the estate into
the cemetery and buried thousands
of soldiers and sailors there. An
other part had been made into a
military post. Lee, therefore, agreed
to sell Arlington to the United States
and the government acquired title
after "just compensation"
That was an outstanding case, but
in other cases. too, the Supreme
court has assured similar protection
to men and women who appealed to
it for justice.
On one occasion a citizens prop
erty was taken by government Off
GERS under the impression that the
ground had been coded to the Unit
ed States in an Indian treaty. An
appeal carried up to the Supreme
court resulted in its restoration to
the owner, even though the govern
ment had erected a garrison and
other buildings on it.
g Western Newspaper Union.