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by the United States is void. Mullen Benev., distinguished from indirect and remote, inolent Corp. v. U. $. (1933), 290 U. S. 89. terference with exercise of governmental

The Massachusetts statute exempting from functions designated to federal instrumentaxation property owned by United States talities. Western Lithograph Co. v. State and used by it for essential governmental Board of Equalization (Cal. 1938), 78 P. functions should be so construed, if possible, ' (20) 731. as to make it unnecessary to declare statute

Personal property on military res. unconstitutional, G. L. Mass. (Ter. Ed.), ervations.--The jurisdiction of the United c. 59, sec. 5, cl. 1, as amended by St. 1936, States over the military reservations, Ft. c. 81.

Omaha, Ft. Crook, and Ft. Robinson, Nebr., The Massachusetts statute exempting from being exclusive, the private personal proptnxation property owned by the United erty situate therein cannot be assessed or States and used for essential governmental taxed by the State of Nebraska or by any of functions, when construed so as to be consti- its various political subdivisions so long as tutional, held not to authorize assessment said military reservations are used by the of 1937 city tax against property which was United States Government for military purowned by United States on January 1, 1937, poses. U. S. v. Scott et al. (D. C. Neb. which had been used as a post office prior to 1936) March 25, 1936. 1933, but which had been rented to a realty Traffic regulations.--With respect to any company thereafter. G. L. Mass. (Ter. traffic on roadways constructed and mainEd.) c. 59, sec. 5, cl. 1, as amended by St. tained by the National Park Service, the 1936, c. 81 ; sec. 11, as amended by St. 1936, Secretary of the Interior has power to ese c. 92 ; Const. art. 4, sec. 3. U. S. v. City of tablish regulations reasonably necessary to Springfield (D. C., 1938), 22 F. Supp. 672. carry out the purpose for which the park has

Income of Federal employees.-Abeen established and is being operated, and state tax is not within inhibition of tax on any State regulations necessarily inconfederal instrumentality, unless it is in fact sistent with the regulations of the Secretary directly on such instrumentality or its effect of the Interior would be invalid. (1932) 36 is so direct as to constitute it substantial, as Op. Atty. Gen. 527.

1032, National military parks; investigations, surveys, and acquisition of sites.--That the Secretary of War is hereby authorized to have made studies and investigations and, where necessary, surveys of all battlefields within the continental limits of the United States whereon troops of the United States or of the Original Thirteen Colonies have been engaged against a common enemy, with a view to preparing a general plan and such detailed projects as may be required for properly commemorating such battlefields or other adjacent points of historic and military interest. Sec. 1, act of June 11, 1926 (44 Stat. 726); 16 U. 8. C. 455.

That on or before December 1, 1926, the Secretary of War shall submit through the President to Congress a preliminary plan by which the purpose of this Act can, in his opinion, be most economically carried out; and annually thereafter he shall submit through the President to Congress a detailed report of progress made under this Act, together with his recommendations for further operations. Sec. 2, act of June 11, 1926 (44 Stat. 727); 16 U. S. C. 455a.

That the Secretary of War shall include annually in his War Department appropriation estimates a list of the battlefields for which surveys or other field investigations are planned for the fiscal year in question, together with the estimated cost of making each survey or other field investigation. Sec. 3, act of June 11, 1926 (44 Stat. 727); 16 U.S. C. 1556.

That hereafter no real estate shall be purchased for military park purposes by the Government unless report thereon shall have been made by the Secretary of War through the President to Congress under the provisions of this Act. Sec. 4, act of June 11, 1926 (44 Stat. 727); 16 U. S. C. 155€.

A general advisory board to be known as the "Advisory Board on National Parks, Historic Sites, Buildings, and Monuments” is hereby established, to be composed of not to exceed eleven persons, citizens of the United States, to include representatives competent in the fields of history, archaeology, architecture, and human geography, who shall be appointed by the Secretary and serve at his pleasure. The members of such board shall receive no salary, but may be paid expenses incidental to travel when engaged in discharging their duties as such members.

It shall be the duty of such board to advise on any matters relating to national parks and to the administration of this Act submitted to it for consideration by the Secretary. It may also recommend policies to the Secretary from time to time pertaining to national parks and to the restoration, reconstruction, conservation, and general administration of historic and archaeologic sites, buildings, and properties. Sec. 3, act of Aug. 21, 1935 (49 Stat. 667); 16 U. S. C. 463.

The “Secretary" referred to is the Secretary of the Interior.

The first clause of second paragraph of the original text of this section should be omitted, having expired by its own limitation (J. A. G. 010.3, July 10, 1931, p. 119).

The control and adorinistration of national military parks and battlefield sites were transferred to the Office of National Parks, Buildings, and Reservations in the Department of the Interior (designated the “National Park Service" by section 1, act of March 2, 1934, 48 Stat. 389, making appropriations for the Interior Department) by Executive Order No. 6166 of June 10, 1933, as interpreted by Executive Order No. 6228 of July 28, 1933, issued under authority of Title IV, Part II, act of June 30, 1932 (47 Stat. 413), as amended.

The Chickamauga and Chattanooga National Military Park was established by act of Aug. 19, 1890 (26 Stat. 333); Shiloh National Military Park, by act of Dec. 27, 1894 (28 Stat. 597); Gettysburg National Military Park, by act of Feb. 11, 1895 (28 Stat. 651); Vicksburg National Military Park, by act of Feb. 21, 1899 (30 Stat. 841) ; Guil. ford Courthouse National Military Park, by act of Mar. 2, 1917 (39 Stat. 996); Moores Creek National Military Park, by act of June 2, 1926 (44 Stat. 684); Petersburg National Military Park. by act of July 3, 1926 (44 Stat. 822); Fredericksburg and Spotsylvania County Battle Fields Memorial, by act of Feb. 14, 1927 (44 Stat. 1091); Stones River National Military Park, by act of Mar. 3, 1927 (44 Stat. 1399), as amended by act of Apr. 15, 1930 (46 Stat. 167); Fort Donelson National Park, by act of Mar. 26, 1928 (45 Stat. 367), as amended by act of Feb. 18, 1930 (46 Stat. 69); lands for commemoration of battles of Brices Cross Roads, Miss., and Tupelo, Miss., by act of Feb. 21, 1929 (45 Stat. 1254); lands for commemoration of Battle of Monocacy, Maryland, by act of Mar. 1, 1929 (45 Stat. 1444) ; lands for the erection of a monument to commemorate the battle of Cowpens, $. C., by act of Mar. 4, 1929 (45 Stat. 1558).

By sec. 4, act of Feb. 25, 1929 (45 Stat. 1305), the Secretary of War is authorized to transfer a portion of the Camp Lee, Va., Reservation in connection with the establishment of the Petersburg National Military Park.

Many of these acts provided that the parks thereby created should be under the control of the Secretary of War, who should make rules and regulations for their care and also for the leasing of the lands within the various parks to former owners and others, and for the placing of monuments by the various States or other organizations to mark the lines of battle, position of troops, etc. A provision in the act of June 4, 1897 (30 Stat. 44), for example, provides for the lease of the lands of Gettysburg National Park "to former owners or other persons for agricultural purposes, the proceeds to be applied by the Secretary of War, through the proper disbursing officer, to the maintenance of the park."

The lands acquired by tne United States for locating and marking the location of each command of the Regular Army engaged in the Battle of Antietam were placed under the control of the Secretary of War by act of Aug. 30, 1890 (26 Stat. 401).

Fort McHenry and the Government grounds connected therewith were to remain a Govern. ment reservation, in the control of the War Department, by act of Aug. 16, 1912 (37 Stat. 311).

The Kings Mountain National Military Park, S. C., was established by act of March 3, 1931 (46 Stat. 1508).

The Secretary of War was directed to have made studies, investigations, and surveys of battlefields in the vicinity of Richmond, Va., including Cold Harbor, by act of May 23, 1929 (46 Stat. 4); of the battlefield of Saratoga, N. Y., by act of June 2, 1930 (46 Stat. 490); of the battlefield of Chalmette, La., by act of January 31, 1931 (46 Stat. 1045); and of the Bull Run and Second Manassas Battlefields, Va., by act of February 13, 1931 (46 Stat. 1094).

By act of June 2, 1930 (46 Stat. 489), the responsibility for maintaining the monument to the memory of American soldiers who fell in the Battle of New Orleans, at Chalmette, La., and of keeping the grounds surrounding it, placed by act of March 4, 1907 (34 Stat. 1411), upon the United Daughters of 1776 and 1812, was transferred to the Government of the United States, and appropriations for the necessary e-.penses were authorized.

By act of June 18, 1930 (46 Stat. 777), the Secretary of War was authorized to acquire, witbout expense to the United States, land at the scene of the surrender of the army under Gen. Robert E. Lee to Lieut. Gen. U. S. Grant at Appomattox Courthouse, Va., and to erect a monument thereon; and by act of March 4, 1931 (46 Stat. 1522), to acquire land at the scene of the Battle of Fort Necessity, Pa., and to erect a monument thereon.

By act of June 23, 1930 (46 Stat. 801), the Secretary of War was authorized to acquire by donation the Old Stone Bridge crossing the Elk River at the site of Camp Blount, Tenn., together with the approaches thereto and any lands adjoining, and to erect thereon suitable tablets or markers.

By act of July 1, 1932 (47 Stat. 564), the Secretary of War was authorized to accept as a part of the Chickamauga and Chattanooga National Military Park a tract of land on Signal Mountain, Hamilton County, Tenn., and to permit the erection thereon of a marker or monument by the citizens of the town of Signal Mountain at their expense.

The Secretary of the Interior was authorized by act of March 2, 1933 (47 Stat. 1421), 16 U. S. C. 409, to accept donations of land and buildings of Revolutionary War interest in the vicinity of Morristown, N. J., to be set apart for the benefit and enjoyment of the people as Morristown National Historical Park.

The battlefield at Monocacy, Md., was declared a national military park to be known as the "Monocacy National Military Park," by act of June 21, 1934 (48 Stat, 1198), to be administered by the Office of National Parks, Buildings, and Reservations of the Interior Department (designated the "National Park Service" by section 1, act of March 2, 1934, 48 Stat. 389, making appropriations for the Interior Department).

Public resolution of May 20, 1935 (49 Stat. 285), establishes the United States Commission for the construction of a Washington-Lincoln Memorial Gettysburg Boulevard, to prepare plans for the construction of a boulevard connecting the present Lincoln Memorial and the Washington Monument in the city of Washington with the Gettysburg battlefield.

By act of June 26, 1935 (49 Stat. 423), the Secretary of the Interior is authorized to establish the "Kennesaw Mountain National Battlefield Park” in the State of Georgia.

The Richmond National Battlefield Park was established by act of March 2, 1936 (49 Stat. 1155).

Provision for setting aside the Eutaw Springs Battlefield Site, State of South Carolina, to be administered by the Secretary of the Interior, is made by act of June 26, 1936 (49 Stat. 1975).

Appropriations for the expenses of observance of the 75th anniversary of the Battle of Gettysburg, June 29-July 6, 1938, were authorized by act of May 16, 1938 (52 Stat. 354), and made by public resolution of June 3, 1938 (52 Stat. 610).

The site of the Battle of Saratoga (Revolutionary War) in the vicinity of Saratoga, N. Y., was set aside as the "Saratoga National Historical Park," by act of June 1, 1938 (52 Stat. 608).

1033. National military parks; administration.-Hereafter vacancies occurring by death or resignation in the membership of the several commissions in charge of national military parks shall not be filled, and the duties of the offices thus vacated shall devolve upon the remaining commissioners or commissioner for each of said parks : Provided, That as vacancies occur hereunder the Secretary of War shall become ex officio a member of the commission effected with full authority to act with the remaining commissioners or commissioner, and in case of the vacation of all the offices of commissioner in any one park hereunder the duties of such commission shall thereafter be performed under the direction of the Secretary of War. Sec. 1, act of Aug. 24, 1912 (37 Slat. 442); 16 U. S. C. 421.

The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G. 010.3, Nov. 12, 1929, p. 241) that so much of this section, bas d on section 1, act of August 24, 1912 (37 Stat. 442) ; 16 U. S. C. 421, as provides for the discontinuance of the office of commissioner for the parks affected be omitted as fully executed.

See note to 1032, ante.

1034. The control and administration of the Chickamauga and Chattanooga National Military Park were transferred to the Office of National Parks. Buildings, and Reservations in the Department of the Interior (designated the “National Park Service" by section 1, act of March 2, 1934, 48 Stat. 389, making appropriations for the Interior Department) by Executive Order No. 6166 of June 10, 1933, as interpreted by Executive Order No. 6228 of July 28, 1933, issued under authority of Title IV, Part II, act of June 30, 1932 (47 Stat. 413), as amended. The text of this section as published in the 1929 Edition, based on act of February 26, 1896 (29 Stat. 21); 16 U. S. C. 424, bas therefore been omitted.

1035. The control and administration of Abraham Lincoln National Park was transferred to the Office of National Parks, Buildings, and Reservations in the Department of the Interior (designated the "National Park Service" by section 1, act of March 2, 1934, 48 Stat. 389, making appropriations for the Interior Department) by Executive Order No. 6166 of June 10, 1933, as interpreted by Executive Order No. 6228 of July 28, 1933, issued under authority of Title IV, Part II, act of June 30, 1932 (47 Stat. 413), as amended. The text of this section as published in the 1929 Edition, based on act of February 11, 1929 (45 Stat. 1162) ; 16 U. S. C. 215, 216, has therefore been omitted.

1036. National military parks; offenses and jurisdiction.-That every person who willfully destroys, mutilates, defaces, injures, or removes any monument, statue, marker, guidepost, or other structure, or who willfully destroys, cuts, breaks, injures, or removes any tree, shrub, or plant within the limits of any national parks shall be deemed guilty of a misdemeanor, punishable by a fine of not less than ten dollars nor more than one thousand dollars for each monument, statue, marker, guidepost, or other structure, tree, shrub, or plant destroyed, defaced, injured, cut, or removed, or by imprisonment for not less than fifteen days and not more than one year, or by both fine and imprisonment. Sec. 1, act of Mar, 3, 1897 (29 Stat. 621); 16 V. S. C. 413.

That every person who shall trespass upon any national park for the purpose of hunting or shooting, or who shall hunt any kind of game thereon with gun or dog, or shall set trap or net or other device whatsoever thereon for the purpose of hunting or catching game of any kind, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars or by imprisonment for not less than five days or more than thirty days, or by both fine and imprisonment. Sec. 2, act of Mar. 3, 1897 (29 Stat. 621); 16 U. S. C. 414.

That the superintendent or any guardian of such park is authorized to arrest forthwith any person engaged or who may have been engaged in committing any misdemeanor named in this Act, and shall bring such person before any United States commissioner or judge of any district or circuit court of the United States within either of the districts within which the park is situated, and in the district within which the misdemeanor has been committed, for the purpose of holding him to answer for such misdemeanor, and then and there shall make complaint in due form. Sec. 3, act of Mar. 3, 1897 (29 Stat. 621); 16 U. 8. C. 415.

That any person to whom land lying within any national parks may have been leased, who refuses to give up possession of the same to the United States after the termination of said lease, and after possession has been demanded for the United States by any park commissioner or the park superintendent, or any person retaining possession of land lying within the boundary of said park which he or she may have sold to the United States for park purposes and have received payment therefor, after possession of the same has been demanded for the United States by any park commissioner or the park superintendent, shall be deemed guilty of trespass, and the United States may maintain an action for the recovery of the possession of the premises so withheld in the courts of the United States, according to the statutes or code of practice of the State in which the park may be situated. Sec. 4, act of Mar, 3, 1897 (29 Stat. 622); 16 U. 8. C. 416.

This Act shall apply only to the military parks of the United States. Sec. 5, act of Mar. 3, 1897 (29 Stat. 622).

That all persons employed in the forest reserve and national park service of the United States shall have authority to make arrests for the violation of the laws and regulations relating to the forest reserves and national parks, and any person so arrested shall be taken before the nearest United States commissioner, within whose jurisdiction the reservation or national park is located,

for trial; and upon sworn information by any competent person any United States commissioner in the proper jurisdiction shall issue process for the arrest of any person charged with the violation of said laws and regulations; but nothing herein contained shall be construed as preventing the arrest by any officer of the United States, without process, of any person taken in the act of violating said laws and regulations. Act of Feb. 6, 1905 (33 Stat. 700); act of Mar. 3, 1905 (33 Stat. 873); 16 U. 8. C. 10, 559.

That the Secretary of War is hereby authorized to prescribe and publish such regulations as he deems necessary for the proper government and protection of, and maintenance of good order in, national military parks, national parks, battlefield sites, national monuments, and miscellaneous memorials as are now or hereafter may be under the control of the War Department; and any person who knowingly and willfully violates any such regulation shall be deemed guilty of a misdemeanor and punishable by a fine of not more than $100 or by imprisonment for not more than three months, or by both such fine and imprisonment. Sec. 1, act of Mar. 2, 1933 (47 Stat. 1420); 16 U. S. C. 9a.

That the commissioners, superintendents, caretakers, officers, or guards of such national military parks, national parks, battlefield sites, national monuments, and miscellaneous memorials, or any of them, are authorized to make arrests for violations of any of the regulations prescribed pursuant to this Act, and to bring the offenders before the nearest commissioner, judge, or court of the United States having jurisdiction in the premises. Sec. 2, act of Mar. 2, 1933 (47 Stat. 1420); 16 U. 8. C. 10a.

The powers and duties of circuit courts of the United States are now vested in district courts of the United States by secs. 289–291, Judicial Code of Mar. 3, 1911 (36 Stat. 1167).

Notes of Decisions Regulations as to guides.-Under Section access thereto by visitors, the Secretary of 6, act of Feb. 11, 1895 (28 Stat. 651), au- War may make regulations governing the tborizing the Secretary of War to make reg. licensing of guides, and the United States ulations for the custody, preservation, and may restrain any person not so licensed from care of monuments erected within Gettysburg acting as a guide. U. S. v. Gilbert (D. C., Military Park, which rules shall provide for 1932), 58 F. (20) 1031.

1037. National military parks; action for death or injury.--That in the case of the death of any person by the neglect or wrongful act of another within a national park or other place subject to the exclusive jurisdiction of the United States, within the exterior boundaries of any State, such right of action shall exist as though the place were under the jurisdiction of the State within whose exterior boundaries such place may be; and in any action brought to recover on account of injuries sustained in any such place the rights of the parties shall be governed by the laws of the State within the exterior boundaries of which it may be. Act of Feb. 1, 1928 (45 Stat. 54); 16 U. S. C. 457.

Notes of Decisions

Held: (1) That this section does not adopt | Sound Navy Yard, superseding an early State a State workmen's compensation law by statute in force when that reservation was which claims are settled without recourse to established, by which either heir or personal actions and paid from a State insurance fund representative might sue. Murray v. Gerrick collected from employers; nor does it adopt. & Co. (1934), 291 U. S. 315, affirming 20 P. separately, a provision of such a law allow (20) 591. ing actions to be brought against employers A federal statute giving right of action, who fail to contribute to such fund.

governed by State laws, for wrongful death (2) By force of the Federal act, a death or injury within national parks superseded statute of the State of Washington confining provisions of the Washington Workmen's the right of action to the personal repre- Compensation Act which were effective in sentative, became applicable in the Puget Mount Rainier National Park when jurisdic

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