Marking lines,

etc.

27, p. 599.

ceed in accordance with act approved March third, eighteen hundred and ninety-one, making appropriations for sundry civil expenses under title "Chickamauga and Chattanooga National Park." Act of August 5, 1892 (27 Stat. L., 377).

2417. For continuing the work of surveying, locating, Mar. 3, 1893, v. and preserving lines of battle of the Army of the Potomac and of the Army of Northern Virginia at Antietam, and for locating and marking the positions of the forty-three different commands of the Regular Army engaged in the battle of Antietam, and for purchase of sites for tablets for marking the same, and for the purchase of roadway to tablets, as follows: For the purchase of fifty additional tablets, and transporting and setting up same; purchase of fifty additional sites for tablets; salaries of board, including office rent, hire of vehicles, and mileage, and for the condemnation of the land and acquiring title of the same, and for the purchase of land for roadway from a point on the Sharpsburg and Hagerstown turnpike to a point on the Sharpsburg and Boonsboro turnpike (said land is known as the Bloody Lane or Sunken Road), and for repairing and fencing in said roadway, fifteen thousand dollars.

Roadway.

Continuing

work.

28, p. 950.

2418. For completing the work of locating, preserving, Mar. 2, 1895, V. and marking the lines of battle at Antietam, and for properly marking with tablets, each bearing a brief historical legend compiled without praise and without censure, the position occupied by the several 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, nine thousand four hundred and twenty-one dollars, to be immediately available, and to be expended under the direction of the Secretary of War. Act of March 2, 1895 (28 Stat. L., 950).

2419. The Secretary of War is authorized to supply at Antietam such number of cannon and cannon balls as his judgment may approve, and which can be spared, for the purpose of marking the positions of the different commands engaged in the battle of Antietam. Act of March 3, 1893 (27 Stat. L., 599).

2420. The Secretary of War be, and he is hereby, authorized to supply fifty unserviceable wooden field-gun carriages, of the type used during the civil war, for the purpose of marking the positions occupied by batteries of artillery on the said field. Act of March 2, 1895 (28 Stat. L., 950).

Moun

South tain, Harpers

tons Gap, and

June 11, 1896, v.

2421. For completing the work of locating, preserving, and marking the positions of troops and lines of battle of Ferry, Crampthe Union and Confederate armies at Antietam, and the Shepherdstown. closely related battles of Harpers Ferry, South Mountain, 29, p. 443. Cramptons Gap, and Shepherdstown, the said lines and positions to be marked with cast-iron tablets, each bearing a brief historical legend compiled without praise and without censure; for improvement of roads owned by the United States at Antietam; for monuments of cannon balls and bases therefor to mark the localities where six general officers were killed; for completing the observatory towers; for guideposts; for preparing and publishing maps indicating the movements and positions of troops engaged in the battles and in the Antietam campaign; and for services and materials incidental to the foregoing, seventeen thousand dollars, to be expended under the direction of the Secretary of War. Act of June 11, 1896 (29 Stat. L.,443). 2422. For pay of superintendent of Antietam battlefield, Superintend said superintendent to perform his duties under the direc-June 6, 1900, v. tion of the Quartermaster's Department and to be selected and appointed by the Secretary of War, at his discretion, the person selected and appointed to this position to be an honorably discharged Union soldier, one thousand two hundred dollars. Act of June 6, 1900 (31 Stat. L., 630).

THE YELLOWSTONE NATIONAL PARK.

ent.

31, p. 630.

established near

of the Yellow

stone River.

2423. The tract of land in the Territories of Montana and Public park Wyoming, lying near the head waters of the Yellowstone the head waters River, and described as follows, to wit, commencing at the junction of Gardiner's River with the Yellowstone River, and running east to the meridian passing ten miles to the

22924-08-60

24,

Mar. 1, 1872. c.

8.1, v. 17, p. 32.

Sec. 2474, R.S.

eastward of the most eastern point of Yellowstone Lake; thence south along said meridian to the parallel of latitude passing ten miles south of the most southern point of Yellowstone Lake; thence west along said parallel to the meridian passing fifteen miles west of the most western point of Madison Lake; thence north along said meridian to the latitude of the junction of the Yellowstone and Gardiner's Rivers; thence east to the place of beginning, is reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States, and dedicated and set apart as a public park or pleasuring ground for the benefit and enjoyment of the people; and all persons who locate, or settle upon, or occupy any part of the land thus set apart as a public park, except as provided in the following section, shall be considered trespassers and removed therefrom.1

Secretary of the Interior to

control of the

park.

Sec. 2. ibid.

SUPERVISION.

2424. Such public park shall be under the exclusive conhave exclusive trol of the Secretary of the Interior, whose duty it shall be, as soon as practicable, to make and publish such reguSec. 2475, B.S. lations as he may deem necessary or proper for the care and management of the same. Such regulations shall provide for the preservation, from injury or spoliation, of all timber, mineral deposits, natural curiosities, or wonders, within the park, and their retention in their natural condition.

fish and game.

Preservation of 2425. He shall provide against the wanton destruction Sec. 2475,R.S. of the fish and game found within the park, and against their capture or destruction for the purpose of merchanRemoval of dise or profit. He shall also cause all persons trespassing upon the same to be removed therefrom, and generally is authorized to take all such measures as may be necessary or proper to fully carry out the objects and purposes of this section.*

trespassers.

Sole jurisdiction of United States.

May 7, 1894, v. 28, p. 73.

JURISDICTION.

2426. The Yellowstone National Park, as its boundaries now are defined, or as they may be hereafter defined or extended, shall be under the sole and exclusive jurisdiction of the United States; and that all the laws applicable to

1 The boundaries of the Yellowstone Park are described in the act of March 1, 1872 (17 Stat. L., 32), above cited. Under the authority conferred by the act of March 3, 1891 (26 Stat. L., 1095); the President on March 30, 1891, set apart as a forest reservation a tract of land adjoining the Yellowstone Park, the limits of which are described in proclamation No. 17 (26 Stat. L., 1565). On September 10, 1891, by proclamation No. 6 (27 Stat. L., 11), a second tract of land was similarly reserved. 'See, also, section 4, act of May 7, 1894 (28 Stat. L., 73), par. 2437, post.

places under the sole and exclusive jurisdiction of the United States shall have force and effect in said park:1 Provided, however, That nothing in this act shall be construed to forbid the service in the park of any civil or criminal proc- State process, ess of any court having jurisdiction in the States of Idaho, Montana, and Wyoming. All fugitives from justice taking refuge in said park shall be subject to the same laws as refugees from, justice found in the State of Wyoming. Sec. 1, act of May 7, 1894 (28 Stat L., 73).

Jurisdiction of

Wyoming judi

cial district.

Sec. 2, ibid.

offenses under

Sec. 3, ibid.

2427. Said park, for all the purposes of this act, shall constitute a part of the United States judicial district of Wyoming, and the district and circuit courts of the United States in and for said district shall have jurisdiction of all offenses committed within said park. Sec. 2, ibid. 2428. If any offense shall be committed in said Yellow- Punishment of stone National Park, which offense is not prohibited or the Wyoming laws. punishment is not specially provided for by any law of the United States or by any regulation of the Secretary of the Interior, the offender shall be subject to the same punishment as the laws of the State of Wyoming in force at the time of the commission of the offense may provide for a like offense in the said State; and no subsequent repeal of any such law of the State of Wyoming shall affect any prosecution for said offense committed within said park. Sec. 3. ibid.

UNITED STATES COMMISSIONER.

2429. The United States circuit court in said district shall appoint a commissioner, who shall reside in the park, who shall have jurisdiction to hear and act upon all complaints made, of any and all violations of the law, or of the rules and regulations made by the Secretary of the Interior for the government of the park, and for the protection of the animals, birds, and fish and objects of interest

Commissioner, v. 28, p. 73.

May 7, 1895, s. 5,

'Section 2 of the act of July 10, 1890 (26 Stat. L., 222), by which the State of Wyoming was admitted to the Union, contained the following clause: "That nothing in this act contained shall repeal or affect any act of Congress relating to the Yellowstone National Park, or the reservation of the park as now defined, or as may be hereafter defined or extended, or the power of the United States over it; and nothing contained in this act shall interfere with the right and ownership of the United States in said park and reservation as it now is or may hereafter be defined or extended by law; but exclusive legislation, in all cases whatsoever, shall be exercised by the United States, which shall have exclusive control and jurisdiction over the same; but nothing in this proviso contained shall be construed to prevent the service within said park of civil and criminal process lawfully issued by the authority of said State; and the said State shall not be entitled to select indemnity school lands for the sixteenth and thirty-sixth sections that may be in said park reservation as the same is now defined or may be hereafter defined.”

This statute operated to reserve to the United States exclusive jurisdiction and control over the park as then defined or as it might be thereafter defined or extended by enactment of Congress. By the act of May 7, 1894 (28 Stat. L., 73), paragraph 2427, post, Congress assumed the jurisdiction authorized by the act of July 10, 1890.

Limitation.

United States

over

cemeteries.

20, s. 1, v. 16, p. 188.

Sec. 4882, R.S.

civil war who die in the District of Columbia, to be disbursed by the Secretary of War, at a cost not exceeding forty dollars for such burial expenses in each case, exclusive of cost of grave, three thousand dollars.' Act of March 3, 1899 (30 Stat. L., 1108).

JURISDICTION, CRIMINAL OFFENSES.

Jurisdiction of 2461. From the time any State legislature shall have given, or shall hereafter give, the consent of such State to July 1, 1870, c. the purchase by the United States of any national cemetery, the jurisdiction and power of legislation of the United States over such cemetery shall in all courts and places be held to be the same as is granted by section eight, article one, of the Constitution of the United States; and all provisions relating to national cemeteries shall be applicable to the same.

Penalty for defacing national

Feb. 22, 1867, c.

400.

2462. Every person who willfully destroys, mutilates, cemeteries. defaces, injures, or removes any monuments, gravestone, 61, s. 3, v. 14, p. or other structure, or who willfully destroys, cuts, breaks, Sec. 4881, R.S. injures, or removes any tree, shrub, or plant within the limits of any national cemetery, shall be deemed guilty of a misdemeanor, punishable by a fine of not less than twentyfive dollars, and not more than one hundred, or by imprisonment for not less than fifteen days and not more than sixty. The superintendent in charge of any national cemetery is authorized to arrest forthwith any person engaged in committing any misdemeanor herein prohibited, and to bring such person before any United States commissioner or judge of any district or circuit court of the United States within any State or district where any of the cemeteries are situated, for the purpose of holding such person to answer for such misdemeanor, and then and there shall make complaint in due form.2

UNITED STATES CEMETERY NEAR THE CITY OF MEXICO.

the City of Mexico.

C.

Cemetery near 2463. The President is authorized to provide, out of the ordinary annual appropriations, for establishing and main267, v. 17. p. 602. taining United States military cemeteries, for the proper care and preservation and maintenance of the cemetery or

Sec. 4879, R.S.

1 A similar provision occurs in the annual acts of appropriation since that of March 2, 1889 (25 Stat. L., 409).

2 By section 4881, Revised Statutes, the superintendent of a national cemetery is authorized to arrest persons who injure, etc., gravestones, trees, shrubs, etc., within the cemetery. Held that he could not, under this authority, legally arrest a person who fired a gun into or across the cemetery without causing any such injury as is specified in the statute, but, for the arrest and punishment of such a tresspasser, must have recourse to the local authorities. Dig. Opin. J. A. G., par. 1766.