United States v. A. Certain Tract of Land in Cumberland Tp, Adams County, Pa

Decision Date22 April 1895
Docket Number64.,34
Citation67 F. 869
PartiesUNITED STATES v. CERTAIN TRACT OF LAND IN CUMBERLAND TOWNSHIP, ADAMS COUNTY, PA. (two cases).
CourtU.S. District Court — Eastern District of Pennsylvania

These cases arose from the filing of two separate petitions of Ellery P. Ingham, Esq., United States district attorney for the Eastern District of Pennsylvania, praying the court to appoint two juries to estimate and determine the value of the estates and interests of all parties concerned in two certain tracts of land situate in Cumberland township, Adams county Pa., more particularly described by metes and bounds in the said petitions, which tracts were said to be owned by the 'Gettysburg Electric Railroad Company.'

EMINENT DOMAIN-- RIGHT OF, IN UNITED STATES GOVERNMENT-- PUBLIC USE-- WHAT IS-- NATIONAL CEMETERY AT GETTYSBURG.

The act of congress approved March 3, 1893, appropriating money for the purchase of land at Gettysburg, Pa., for the purpose of preserving the lines of battle there, and of marking the leading tactical positions of the battlefield with tablets and for opening avenues, etc., does not indicate such a public use under the constitution as to justify condemnation proceedings under the subsequent act of June 5, 1894. Butler Judge, dissenting.

The petitions, after reciting the act of congress conferring jurisdiction upon the department of justice in land condemnation proceedings, and the act of assembly of Pennsylvania of June 8, 1874, providing a method of vesting the title to lands in that state in the United States when no agreement of purchase could be made with the owners thereof recited that by an act of congress approved on the 3d day of March, A.D. 1893, entitled 'An act making appropriations for sundry civil expenses of the government for the fiscal year ending June 30th, 1894, and for other purposes,' it is provided, inter alia, as follows: 'Monuments and tablets at Gettysburg. For the purpose of preserving the lines of battle at Gettysburg, Pennsylvania, and for properly marking with tablets the positions occupied by the various commands of the armies of the Potomac and of Northern Virginia on that field, and for opening and improving avenues along the positions occupied by troops upon those lines, and for fencing the same, and for determining the leading tactical positions of batteries, regiments, brigades, divisions, corps, and other organizations with reference to the study and correct understanding of the battle, and to mark the same with suitable tablets, each bearing a brief historical legend, compiled without praise and without censure, the sum of twenty-five thousand dollars, to be expended under the direction of the secretary of war.' (4) That by a joint resolution of congress, approved June 5, 1894, entitled 'Joint resolution, authorizing the purchase or condemnation of land in the vicinity of Gettysburg, Pennsylvania,' it is provided as follows: 'Whereas, congress appropriated by the act of March third, eighteen hundred and ninety-three, the sum of twenty-five thousand dollars to acquire certain lands for the purpose of preserving the lines of battle at Gettysburg, Pennsylvania, and for properly marking the positions occupied by the various commands of the armies of the Potomac and Northern Virginia, on that field, and for opening and improving avenues along the positions occupied by the troops, and for determining the leading tactical positions of both armies; and whereas, an appropriation for the further sum of fifty thousand dollars is now under consideration by congress for like purposes which has passed the house of representatives during the present session and is now pending in the senate; and whereas, it has been recently decided by the United States court, sitting in Pennsylvania, that authority has not yet been distinctly given for the acquisition of such lands as may be necessary to enable the war department to execute the purposes declared in the act aforesaid; and whereas, there is imminent danger that portions of said battlefield may be irreparably defaced by the construction of a railway over the same, thereby making impracticable the execution of the provisions of the act of March third, eighteen hundred and ninety-three: Therefore, be it resolved, by the senate and house of representatives of the United States of America in congress assembled, that the secretary of war is authorized to acquire by purchase (or by condemnation) pursuant to, the act of August first, eighteen hundred and eighty-eight, such lands or interest in lands, upon or in the vicinity of said battlefield as, in the judgment of the secretary of war, may be necessary for the complete execution of the act of March third, eighteen hundred and ninety-three: provided, that no obligation or liability upon the part of the government shall be incurred under this resolution nor any expenditure made except out of the appropriations already made and to be made during the present session of this congress.' (5) That in order to carry out the purposes of the aforesaid act of March 3, 1893, it is necessary that the United States acquire title in fee simple to the said tracts of land. That the said tracts include many important tactical positions occupied by many different commands and bodies of troops while engaged in the battle of Gettysburg, at some of its most critical periods. That if title to the said tract be not vested in the United States it will be impossible to carry out effectually upon this part of the battlefield the purposes expressed in the said act of congress, 'of preserving the lines of battle,' 'properly marking with tablets the positions occupied.' and 'determining the leading tactical positions of batteries, regiments, brigades, divisions, corps and other organizations with reference to the study and correct understanding of the battle, and to mark the same with suitable tablets. ' That no agreement can be made with the owners of the said tracts for the purchase thereof.

The jury of view in the first case subsequently filed a report assessing damages for the taking of the property; and on March 26, 1895, the Gettysburg Electric Railroad Company filed exceptions thereto, alleging, in substance, that the purposes specified in the petition were not public uses or purposes, authorizing the condemnation by the United States of private property. In the second case a motion to quash the petition was filed upon substantially the same reasons. The two matters were argued at the same time.

Ellery P. Ingham, for plaintiff.

Thomas Hart, Jr., and Chas. Heebner, for defendant....

To continue reading

Request your trial
1 cases
  • United States v. Rauers
    • United States
    • U.S. District Court — Southern District of Georgia
    • 14 de novembro de 1895
    ...of the treasury was not expressly authorized to procure real estate, this fact could not be, and is not averred. See, also, U.S. v. A Certain Track of Land, 67 F. 869. question was quite as distinctly decided in the well-known case relative to the battlefield of Gettysburg. There the act of......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT