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Report Documentation Page Form ApprovedOMB No. 0704-0188

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1. REPORT DATE 22 JUN 1909 2. REPORT TYPE

3. DATES COVERED -

4. TITLE AND SUBTITLE A compendium of laws covering interests upon the Fort Leavenworthmilitary reservation together with history of its institutions and otherinformation for the benefit of officers, soldiers and civilian employees

5a. CONTRACT NUMBER

5b. GRANT NUMBER

5c. PROGRAM ELEMENT NUMBER

6. AUTHOR(S) 5d. PROJECT NUMBER

5e. TASK NUMBER

5f. WORK UNIT NUMBER

7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) Army Command & General Staff College,Combined Arms ResearchLibrary ,250 Gibbon Avenue,Fort Leavenworth,KS,66027-2314

8. PERFORMING ORGANIZATIONREPORT NUMBER

9. SPONSORING/MONITORING AGENCY NAME(S) AND ADDRESS(ES) 10. SPONSOR/MONITOR’S ACRONYM(S)

11. SPONSOR/MONITOR’S REPORT NUMBER(S)

12. DISTRIBUTION/AVAILABILITY STATEMENT Approved for public release; distribution unlimited

13. SUPPLEMENTARY NOTES

14. ABSTRACT A history of legislation specific to Fort Leavenworth Kansas. This history begins with the establishment ofFort Leavenworth in 1827 and continues to the late 19th century.

15. SUBJECT TERMS

16. SECURITY CLASSIFICATION OF: 17. LIMITATION OF ABSTRACT

18. NUMBEROF PAGES

142

19a. NAME OFRESPONSIBLE PERSON

a. REPORT unclassified

b. ABSTRACT unclassified

c. THIS PAGE unclassified

Standard Form 298 (Rev. 8-98) Prescribed by ANSI Std Z39-18

A Compendium of Laws

Covering Interests Upon the

Fort Leavenworth Military]Reservation

Together With a

History of Its Institutions

and Other Information for the Benefit of Officers,

Soldiers and Civilian Employees

By Henry ShiindlerForeman Staff College Press

Make your employer's business your sole interest.Work cheerfully and faithfully. If you see anythingthat needs to be done and no one attending to it, do it.Never content yourself with a mere niggardly dis-charge of narrowly interpreted obligations. Do morethan is expected of you, never less. Remember thathe who does no more than he is paid for is never paidfor more than he does.--Major Gen~eral J. Frankli~nBelt, U. S. Army.

A WVORD IN ADVANCE

The need of a compendiucm of the authorities un-der which the corporate interests on the Fort Leaven-worth M~ilitary Reservation were established, has longbeen recognized by those charged with the admini-stration of the post's executive affairs. The recordsavailable are too incomplete and lack much of the in-formation necessary for an appropriate discharge ofthese functions.

The undersigned, familiar with these grants andmuch of their history, has undertaken ~to place beforethe authorities a compilation of all laws and regula-tions applying to these interests with such informa-tion in addition thereto, in each case, as may bedeemed appropriate.

If the result presented in these pages proves ac-ceptable the author will feel amply repaid.

HENRY SHINDLER.

Fort Leavenworth, Kas.,June 22, 1909.

CONTENTS

PAGE

Act authorizing right of way Leavenworth & Des MoinesRail Road ......... .. ·... · · · · · · 22

Act authorizing right of way to Rapid Transit Railway Co. 40Act donating portion of Reserve for a public highway

(Mletropolitan Avenue).....,,... · ·- · · · · 58Act authorizing sale of land to Leavenworth Coal Co_. .. 63Act authorizing sale of land to Water Company.. .. 69Act authorizing lease of land to Water Company......71Act authorizing erection of building for Y. M. C. A. on

Military Reservation...... .·.... · · · · 82Act authorizing erection U. S. Penitent~iary on Military

Reservation ......... ·..... · · · · · 109Act of Kansas Legislature ceding jurisdiction ... 10Act of Kansas Legislature authorizing establishment of

public school...... .·...... · · · ·- · 75Agreement with Kansas Central Railway .......... 29Altar Guild.. 83Army Service Schools .......... ·. · · 101Army Y. M~. C. A. Building .79

Arsenal U. S., Leavenworu;h........ . .······97Arsenal, Liberty, Mo., ........ . 102Articles of agreement with Water Company ., . · 54Atchison, Topcka & S5anta Fe Railway ... .. . 31Attorney General of U. S. on railway rights on reservat'n 34Corral Creek. 61Charter Fort Leavenwyrt~h R. R. Company.....· , 23Chicago, Rock island & Pacifica R. R...,,,, .22Civil and Cr·iminal Process .......... .. ·. 14.Educational ,...,.,.,,..·.... · · ·· · · · · 73Establishment of Post ..... .1.......

Fort Leavenworth Mess. .......... ·.. · · 90Fort Leavenworth Railroad Co., The .......... 23Gtrant Avenue. 58Jurisdiction, Civil..... ....... · · · · · · 9Jurisdiction, Military .. 12KRansas and Missouri Bridge. 45Leavenworth City and Fort Leavenworth Water Co... 66Leavenworth Coal Company ....... · · · · · 63

License granting authority to build Catholic Church....,77License to Kansas Western R. R .... ~... ~~ ~~~31Merritt Lake..60Metropolitan Avenue..5. 8Missouri and Kansas Telephone Company. .48... ... qM~issouri Pacific R. R., The......~~ .~~~~~ 27National Cemetery..100.~~~~~~~~~~~~~~~~~~0Opinion of Attorney General covering cession of Juris-

diction ... ,. .~~~~~~~ ~~~~ ,, 18Peoples Telephone Company ........ ~~~ ~~~~~ 49Pope Hall... .. ,...~, ,~80Post Chapel .... ,....~.' ,,,,,~,,,,~,,,,,, 79Post Hospital ........ ~~ ~~~ ~~~ ~ , 8Post Steam Laundry. .86... ~~~~~~~~~ ~~~~sPost Office,,, 91.......~~~~~,,,~~ ~Postal Telegraph Company...... ~ 47Transfer Remains General Leavvenworth to National

Cemetery Fort Leavenworth.11Purchase, Lea~se and 5 le of Lanlds. ,,,, ,,, 63-67Railroads.. .... ~..2Rapid Transit Facilities.3_~~,,, ~.~,~,,,,,, 7Religious ....... ~~. ~~.77~Rights and Duties of Legal H~eirs..... 15REoads and Avenues ,.5.,,,_,,,,,, 7Sanitation...·............52Sheridan's Drive..;...... .. ~~~~~~~~~~ .59

Sketch General Henry Leavenworth.111.....~~~. lSt. Ignatius' Chapel......, ,.. ~~~~~~~~~ 77Statue of General Grant. 92Suffrage ......... ~~~~~~~~~~~~ ~~~~~13Survey of Rteservation, Correspondence relating· to,.. 4Taxation..,,,,..,,.. ~~~17

--Terminal Facilities .... '...~~~~.~~~~~~~~ 32Union H3all. ,,,,,, , ~,,~~ ~,~~~~~~ 81Union Pacific RailwYay, The... .... ,,,.i.. 28U. S. ~Milita~ry Prison. ,,,,,,,.,....~~~,~~~~ 103U. S. Penitentiary ... , ~.~~~~~~~ 103Wa~ter Supply. .... 51

xi~

DIV rI S ION I

Establishment of Post and Survey ofRWeservaPtion

TIlhe site upon which Fort Leavenworth was builtw~· located by Colonel Henry Leavenworth, 3d In-fan try, in Miay, 1827, and officially declared establishedIby the War Department September 19, 1827.

The first survey for a reservation was made in1830 by Isaac M~cCoy. This official was appointed bythe President to survey lands needed for a reserva-tion for the Delaware Indians as provided for in atreaty made the previous y~ear. In order to definethe boundary between the Indian lands and the landsrequired for military purposes, the surveyor suggestedto the commanding officer of the post' to permit thefixing of the boundary lines for a necessary reserva-tion, and, with his consent, this was done. The linesthus fixed ran be~tween north and south as they arenow known, and as designated in an official survey of1854. The western line extended from the rightbank of the Missouri river ~westward about tour miles,thence north to the Missouri river, which also formsthe eastern boundary.

A second survey was made in 1839 by Lieutenan~tA. R. Johnson, 1st D~ragoons, upon direction of thepost commander,2 and, under this survey, the lines asfixed by MlcCoy were not disturbed except thai theline along the west, was withdrawn eastward and thecourse of Salt creek jfixed as the western boundary.

Upon the approval of the act in 1t854 organizing1Major William Davenport, 6th U. S. Infantry.2 Colonel Stephen WV. Kearney, 1st Dragoons.

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the territory of K~ansas, the President directed thatthe lines of the Fort Leavenworth: military reserva-tion be defined by meets and bounds in order thatthe lands may be withheld from public sale, to whichall other lands in the territory, under the act referredto, became subject. Such survey was made underthe direction of Captain Franklin E. Hunt, 4th Ar-tillery, commanding the post.

Under date of September 28, 1854, Captain Huntinforms the department that under his instructionsthe reservation as formerly laid out being muchlarger than necessary, he only "went 2~ miles fromthe right bank of the river, and thence along the topof the bluff's" as near as he could make a good boun-dary to the M~issouri river.

At a point about six miles from the southeastcorner of the reservation the river makes a turn to-wards the northwest for~ some distance and accountsfor the western boundary extending north to the rightbank of that stream, forming both the east and northboundary of the reserva~tion.

There has been no other change since the Huntsurvey of 1854 and the present boundary lines areknown as thle "H3unt Survey". (See map.)

For correspondence relating to this subject seeAppendix "A".

The reservation as surveyed in 1854 containsabout 6,030.6i8 acres. Since that time twenty acresof this land were sold to the Leavenworth Coal Com-pany to whaich reference is made in a subsequentdivision .

During the past ten years some small parcels oflands on the west boundary were purchased andmade a part u~f the reservation.

In 1838 a timber reservation, comprising 6,000acres, was set aside in Missouri, along the river oppo-site the post. In 1841 this reserve was largely di-

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minished, and again in 1844 a further reduction wasmade, so that at this time, according to the recordsin the office of the quartermaster general, the reserva-tion in Missouri contains about 939 acres. A surveyof this reserve has not been made for many years,and it is believed, owing to the immense inroadsmade by the river upon this land that it containsnothing like the acreage given.

[APPENDIX "'A"]QUARTERMASTER GENERAL'S OFFICE

Washington, City, Jucly 11, 1854.SIR: Your communication of the 10th instant, with the

accompanying copy of the original map of the military reserveat Fort Leavenworth east of the MIissouri river, is received.The object of the department is to obt~ain a Ipint of the reser-vation lying on the west sid e of that river, which I have accord-ingly to request may now be furnished. Very respectfully,your obedient servant,

THOMAS S. JESUP,Quartermaster Genzeral.

Johnz Wilson, Esq.,Commnissioner Ge~neral Latnd Ofice, Washingtonz City, D. C.

GENERAL LAND OFFICEi

July 11, 1854.SIRE: In reply to you-r communication of this date re-

qluesting copy of the plat of the military reservation at FortLeavenworth, on the west side of the Missouri river, I have tostate that there does nlot appear to have been any actionthrough this office for reserving lands at the post west of theriver, but only the portion east of the river, opposite the fort,as shown by the map transmitted with my letter of the 10thinstant. I am, very respectfully, your obedient servant,

JObHNW VILSON,Commnissioner.

Lieute~nant Colonel Charles Thzomas,Deput~y Quartermatster· Genzeral in ChTarge, War Dep't.

Endorsement on the above:1Respectfully referred to the adjutatnt general. I under-

stand that a reserve was made by order of the President ofthe United States within the Indian territory west of the1Missouri, the site of the present post of Fort Leavenworth,and that the order for the reserve was issued firom the adju-ta~nt general's office. Is there a report and survey of the re-serve in the offce? If there be no evidence of the reserve

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having been made, we may lose the site with all the improve-ments.

THOMAS S. JESUP,QuarPtermaster Gelneral.

Jucly 14, 183i4.Respectfully returned to the quartermaster general. It

does not appear from our examination of the records of thisoffice that any reservation has ever been made at FortLeavenworth on the west side of the M18issouri river.

S. COOPER, Ad~jutacnt Gener·al.Ad~jutant Genera·cl's Office, Jucly 18, 1854.

Respectfully returned to the adjutant general.It is desirable that the lands necessary for military pur-

poses at Fort Leavenwiorth be formally set apart for militarypurposes; otherwise they will be seized upon by squatters,and the public will lose not only the land but the improve-ments. I respectfully recommend that the proper order beissued for surveys to be made, and that the authority of thePresident to the Land Department be obtained to reservefrom sale the lands now occupied, and which are considerednecessary for military purposes.

THOS. S. JESUP,Qucartermaster G~eneratl.

August 3, 1854.

Respectfully submitted to the Secretary of War.It does not; appear to have been the practice of the

department to make reservations of lands for military pur-poses within the Indian territory, the laws regulating tradeand intercourse with ITndian triboes being, in that case, suffi-cient to prevent intrusion. But as the lands in the neighbor-hood of Fort Leavenwort~h are now about to be surveyed andbrought into market, it is recommended that the land at thatpost, required for military purposes, be now set apart and re-served from sale by the president.

S. COOPER,Adjutalnt Greneral.

Let orders be given to have a survey made and a reserva-tion laid off, including the building and improvements, and somuch land as is necessary for military purposes, looking to itsuse as a main depot and cavalry station. A plat will be made,and such a description of the tract given, as will ~ena~ble the

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Commissioner of the General Land Office to have it markedon the plats of the public lands.

JEFFERSON DAVIS,Secretary of War.

War Dejpartment, Aucgust 9, 1854.

ADJUTANT GENERAL'S OFFICE,

Washington, August ii, 1854.SIR: By the direction of the Secretary of Wrar, you will

cause a survey to be made, and a reservation to be laid off,including the buildings and improvements, and so much landas may be necessary for military purposes, at Fort Leaven-worth, looking to its use as a main depot and cavalry station.

A plot of the reservation will be made, and such descrip-t~ion of the tract~ given, as will enable the Commissioner of theGeneral Land Office to have reservation marked upon the platsof the public lands. Very respectfully, your obedient servant,

S. COOPER,

Commanding Officer,AduatGnrlFLiort Leavenzworth, 1Missouri.

WVAR DEPARTMENT,

Washington, October 14, 1854.SIR : I herewith enclose a map and field notes of a survey

of a tract of land at Fort Leavenworth to be reserved for mil-itary purposes under an ord~r of thc President, dated the 10thinstant;, and endorsed upon the papers. Very respectfully,your obedient servant,

JEFFERSON DAVIS,

Hon. R. lMcClelland,SertyofW.Secretary of the Interior.

FORT LEAvENWORTHI, KANSAS TERRITORY,S~eptember 28, 1854.

C~OLONEL: I herewith enclose field notes of a surveymade for a military reserve at Fort Leavenworth, in obedienceto instructions received by me, dated Adjutant General'sOffice, WT;ashington, August 11, 1854, and by this mail I f or-ward a map of said reserve in Kansas territory. This is en-

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tirely independent of the reserve in Missouri, which I consid-

er at present necessary to retain on account of the timber,ferry, etc.

It appears from records in the possession of ~Mr. J. C.

McCoy, who assisted in making a survey, that in October,

1830, a reservation was laid off, the southern boundary of

which commences, and corresponds with it, with the excep-tion of a slight offset, which you will observe running around

the farm fence, containing, a tract of about one hundred acres,which lies in the Delaware lands.

The line was run in this manner to include, according to

instructions, all the improvements; but, as it is clearly land

already assigned to the Delawares, and it is the only land inthe reservation that can be claimed by any Indians, I would

respectfully suggest that the straight dotted line across the'farm field be made the boundary, and that the assistant

qruartermaster at this post be directed to move his fence toconform therewith.

The line thence continues with the southern boundary,

but as the reserve, as formerly laid out, was much larger

than I conceived necessary under my instructions, I only

went, out 2~ miles on this line, and thence along th& top of thebluffs as near as I could make a good boundary to the Mis-souri river.

I am, Colonel, very respectfully, your obedient servant,F. E. HUNT,

Captainz, Fourth Artillery,Commanzdinzg Post.

Colon~el 8. Cooper,Ad~jutant General, U. S. Army,

Washinzgton, D. C. ,

Respectfully submitted to the Secretary of War. Pleasesee herewith a copy of the instructions to the commandingofflicer at Fort Leavenworth to cause the reservation to belaid off and surveyed.

S. COOPER,Ad~jutan~t General.

Adjutant General's Office, October 9, 1854.

The accompanying field notes and map of reservation for

military purposes are submitted to the President, and recom-mended for his approval and orders, as indicated within.

JEFFERSON DAVIS,~Secretary of War.

October 10, 1854.

DIVISIONP; II

Jurisdictionl-Suffrage-Civil and8 Crim-

inzal Process-T'haxation, Et$c.

Under an act of the legislature of the state ofKansas, approved February 25, 1875, jurisdictionover the Fort Leavenworth military reservation wasceded to the United States, reserving certain rightsas to civil or criminal process and taxation. 1

Until the admission of the territory of Kansas,June 21, 1861, as a state, the United States exercisedexclusive jurisdiction over the lands comprising theFort Leavenworth reservation. "From some cause--inadvertence, perhaps, or over-confidence that a re-cession of such jurisdiction could be had wheneverdesired--no such stipulation was made in the actproviding for the admission of the territory. TheUnited States, therefore, retained, after the ad-mission of the state, only the rights of an ordinaryproprietor, except as an instrument for the executionof the powers of the general government, that partof the tract which was actually used for a fort ormilitary post, was beyond such control of the state,by taxation or otherwise, as would defeat its use forthat purpose. So far as the land constituting thereservation, not used for military purposes, the pos-session of th~e United States was only that of an in-dividual proprietor."

1The Constitution of the United States permits a state tocede to the United StatesJ jurisdiction over a portion of itsterritory. Bensona vs. Unit~ed States, 146 U. S., 325.

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To ascertain the rights of the United States uponthe reservation and to cure the defect, if possible,the question was submitted to the United Statesattorney general for an opinion. 1 This official heldthat to secure a restoration of federal jurisdictionover these lands it would -be necessary to obtainfrom the state of Kansas a cession of same. Thiswas secured in the act above referred to and is asfollows :

An act ceding jurisdiction over Fort Leavenworth Mili-tary Reservation.

~Be it enacted by the Legislacture of the State of Kansas:That exclusive jurisdiction be, and the same is herebyceded to the United States over and within all the territoryowned byv the United States and included within the limits ofthe United States military reservation known as the FortLeavenworth Reservation in said state, as declared from timeto time by the President of the United Stattes, savinzg, how-ever, to the said state the right to serve civil or criminal proa-cess within said reservation,, in~ suits or prosecutions for or onaccount of rigfhts acquired, obligations incurred, or crimescommitted in said state, but outside of said cession and reser-vation, and saving further to said state the right to taxrrailroad, bridge, and other corporations, their franchises andproperty, on said reservation.

Approved Februcary 25, 1875.

Since this jurisdiction was ceded, the SupremeCourt of the United States has passed upon two im-portant quaestions--one, as to the right of the state totax the property of private corporations upon thereservation, the other, upon the liability of such cor-porations for damages to property and injury topersons, under the laws of the state in force at thetime such jurisdiction was ceded.

With reference to the right of the state to taxthe corporations on the Fort Leavenworth re~serve thecourt held th~at "there is no constitutional prohibitionagainst the enforcement of that (taxing) clause.The right of the state to subject the railroad propertyto taxation existed before the cession. The. in-

'See Appendix B.

validity of the tax levied not being asserted on anyother ground than the supposed exclusive jurisdictionof the United States over the reservation, notwith-standing the saving clause."'

The second case relates more directly to rights

of persons residing upon the reservation who mayhave had inflicted upon them damages to property

or personal injury, by railroad companies operatingupon or running through the Fort Leavenworthlands. This case arose at Fort Leavenworth in 1881,where one William M~cGlinn, an employe of the United

States, met with the loss of a cow, killed by a railwaycompany, upon the Fort Leavenworth reservationwhere the road was not fenced as required by thelaws of the state of K~ansas. A demand was made

upon the company for the payment of $25, thevalue of the cow, and such attorney's fees as wouldbe reasonable.

The action was brought in the District Court ofLeavenworth county where a judgment for the

plaintiff MlcGlinn was handed down. An appeal tothe Supreme Court of the state was submitted on anagreed statement of facts, where the judgment of thelower court was affirmed. This tribunal held that

the act of Kansas, relating to the killing or woundingof stock by railroads, continued to be operative withinthe limits of the reservation as it had not been abro-

gated by Congress, and was not inconsistent withexisting laws of the United States.

The U. S. Supreme Court holds that "It is a

general rule of public law, recognized and acted uponby the United States, that whenever political juris-diction and legislative power over any territory istransferred from one nation or sovereign to another,the municipal laws of the country--that is, lawswhich are intended for the protection of privaterights--continue in force until abrogated or changed

by the new government or sovereign. * * * As amatter of course, all laws, ordinances and regulationsin conflict with the political character, institutionsand constitution of the new government are at oncedisplaced. At the time of the cession a state lawwas in force in Kansas requiring railroad companies,whose road was not enclosed by a lawful fence, topay the owners of all animals killed or wounded bythe engines or cars of the companies the full value ofthe animals killed and the full damage to thosewounded, whether the killing or wounding wascaused by negligence or not, and that this act re-mained in force in the reservation after the cession."''

Civil R~ights on Ithe Reservation

In view of this cession of jurisdiction, questionsfrequently arise as to the civil rights of persons whomay be stationed or who reside on the reservation,the following are some of the general provisions oflaw and Army Regulations which govern and mayserve the inquirer:

M/lilit~ary Jnrisdietion

The exercise of all authority over the Fort Leav-enworth Mlilitary Reservation is vested in the com-manding officer of the post. His control is supreme,subject only to higher military authority.

All persons stationed, residing upon, or who maypass through the lands within the boundaries of thereservation, are subject to the rules and regulationsprovided by military authority and existing laws ofthe United States.

The opinion in these cases can be found in 114 U. S. wal-lace, pages 525 and 542, on h els t am rvcSchools' library. ,thshleofheAmSrvc

SuffrageThe right to vote is subject to the laws of the

state of Kansas fixing the qualification of voters.There is no Federal law under which persons sta-tioned or residing upon the reservation can claimsuch privilege.

A person in the military service is entitled to avote in the place of his legal residence, provided he*has the qualifications prescribed boy the laws of thestate in which such residence was acquired, previousto his entry into the service.

If a legal residence has once existed, mere tem-porary absence therefrom in the service of the UnitedStates, whether as a soldier or in the civil service,however long such absence may have continued, willnot destroy it.

The suffrage provision of the Constitution ofK~ansas (~Article 5, Par. 3), is as follows:

"LFor the purpose of voting., no person shall be deemed tohave gained or lost a residence by reason of his presence orabsence while employed in the service of the United States,nor while engaged in the navigation of the waters of this st~ateor of the United States * But nothing herein containedshall be dieemed to allow any soldier, seaman or marine in theregular army or navy of the United States the right; to vote. "

This last sentence is an amendment to the Con-stitution on the subject of suffrage and applies onlyto such persons in the military service stationed withinth~e state of K~ansas, whQ have never acquired a legalresidence therein.

The fact that a person in the military service isstationed within a particular state or territory doesnot procure for him a legal residence, since he isthe~re, not by his own will or choice, but in obedienceto the order of military authority, subject to with-drawal from such place by similar order.

A person in thle military or civil service of theUnited States residing upon the reservation, who ac-

quired a legal residence in the State of Kansas beforeentering such service does not lose the right to voteby reason of being stationed in or residinmg upon theFort Leavenworth Reservation. The right to cast avote at any election, whet~her in a township, countyor ward of a city where such legal residence was ac-quired, is fixed by the constitution of the state ofKansas and cannot be denied by officers of election,provided, of course, the person complied with suchfurther regulation relative tLo registration, as thelegislature of the state may have prescribed.

A personm in the military or civil service of theUnited States residing upon the For-t LeavenworthReservation, whose legal residence for the purpose ofvoting is in a precinct in which voters are requiredto register ten? days preceding an~y election, mustcomply with this regulation before he can cast a vote.

Under the Kansas constitution an officer or sol-dier, whose station is Fort Leavenworth, burt whomay reside within the corporate limits of the city ofLeavenworth with the sanction of the commandingofficer, cannot acquire a residence therein for thepurpose of voting.

Civ8il anda Crimin~al ProcessIn ceding its jurisdiction to the United States the

state of K~ansas reserved the right to serve civil -orcriminal process upon the reservation, "in suits orprosecutions for or on account of rights acquired, ob-ligations incurred, or crimes committed in the state,")without the limits of the reservation. That is to s'ay,no person can feel himself exempt from prosecutionfor a criminal offense, under the laws of the state: ofK~ansas, by withdrawing to the reserva~tion overwhich the United States has jurisdiction; no personcan evade a civil suit in the state of K~ansas for obli-gations incurred within the state of Kiansas, whether

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assumed before coming upon the reservation in theservice of the United States, or, subsequently. To il-lustrate, if a person resides upon the reservation andgoes to the city of Leavenworth and assumes an ob-ligation and for a failure to meet same, civil processis entered in the courts of the state, and within theCounty of Leavenworth, the orders of such court canfollow him to such reservation and must be obeyedby the person affected.

For any crime committed within the State ofKansas a person cannot claim exemption from arrestby withdrawing to the reservation whether in theemployment of the military or civil service of theUnited States or not. The state has reserved theright to serve process upon such persons and the aidof the military authorities can be invoked to compela compliance with the orders of t~he state court.

However, for all obligations assumed upon thereservation and failure to comply therewith, or forall violations of the federal statutes, proceedingsmust be instituted in the federal courts, as thesealone have jurisdiction over all civil and criminalcases arising upon the reservation.

RQights arnd Duties of Legal HfeirsThe federal statutes do not provide for the issu-

ance of letters testamentary or letters of administra-tion on the estate of persons who may die while in itsservice and residing upon a military reservation overwhich the state, in which same is located, has cededits jurisdiction.

The Regulations for the United States Armyprovide for the disposition of the effects of personswho may die in such service, but such provisionshave been made with a view of protecting theestate of the deceased and heirs, if there be any,the final disposition thereof being subject to the

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direction of the courts of the state in which deathoccurred, should legal s-teps have been taken to es-tablish a right for possession of same, otherwise thedistribution will be made by the Treasury Depart-ment as follows: (1) Widow; (2) children, in equalshare; (3) father; (4) mother; (5) brothers and sistersin equal share.

In Kansas the probate law extends over the FortLeavenworth military reservation. All letters testa-mentary or of administration are issued by the Pro-bate Court of Leavenworth coun~ty, to which tribunala-pplication must be made for the issuance of same.

Reference has already been made ~to the opinionof the Supreme Court of the United States to theeffect that where a state cedes jurisdiction, all lawsof the st~ate existing at the time of cession and notin conflict with those of the United States do notchange, unless altered or repealed by the new gov-ernment. This view applies with particular force tothe probate law of Kansas.

In the case of persons in the civil employment ofthe United States upon t~he reservation, settlement ofclaims on account of services rendered by such de-ceased person can only be made with such personwho shall have established a right thereto in theProbate Court of Leavenworth county, or has beenappointed an executor of -the estate.

The above covers only the general provisions forthe disposition of such estates. The details are fullycovered by the Army Regulations and the probatelaw of Kansas.

Th-e Army Regulations advise officers that incases of single men it i~s a safe rule to dispose of theeffects as provided for in such regulations, and leavethe final responsibilit~y of settlemzent to the TreasuryDepartment. The same rule also applies to officerswho are single. In the case of officers or soldiers

who leave a widow it is usually the rule to permitthese to take charge of the property. Where, ofcourse, a proper division of the estate -particularlywhere it consists of personal effects--is concerned,the Probate Court of Leavenworth county must beleft to settle all disputes, if any such arise, and ap-plication thereto is made for relief by persons claim-ing a share in such estate.

TPaxationPersons residing upon the Fort Leavenworth

military reservation are exempt from the payment ofstate, county and town taxes, and, therefore, notentitled to any benefits arising therefrom. This,however, does not exempt persons from the pay-ment of taxes on personal property which may belocated within the jurisdiction of the state. For in-stance, a person employed by the United States,stationed or residing upon the Fort Leavenworthmilitary reservation, in possession of personal prop-erty and of realty located outside of the reservationand within the county of Leavenworth, is subject totaxation as ~though its owner resided outside thereservation and is within, the jurisdiction of the taxlaws governing said county.

[APPENDIX "LB"]DEPARTMENT OF JUSTICE,

April 19, 1872.SIR: I have the honor to acknowledge the receipt of

your letter of the 30th ultimo, inclosing papers touching th~emilitary reservation of Fort Leavenworth, K~ansas, and sub-mitting for my official opinion the following questions:

"1st. Whether under the Constitution the reservation ofthis land as a site for a military post and public buildingstakes it out of the operation of the law of M~arch 8th, 1858, (11Stat., 430, 431 . .).

"2d. What action will be required on the part of the Ex-ecutive or Congress to restore the land comprising this resfer-vation to the exclusive jurisdiction of the United States ?"

Respecting the part of the reservation which is includedwithin the pink lines traced on the plat thereof, as surveyedby Captain F. E. Hunt, a copy of which plat accompaniedyour communication, I have to say that the Supreme Court ofthe United States, in the case of United States vs. Stone,(2 Wall, 525,) has substantially decided that the land thusdescribed never was a portion of the territory allotted to thleDelaware tribe of Indians; that it was legally reserved by thePresident for military purposes; and that the Secretary of theInterior, in 1861, transcended his authority when he orderedsurveys ~to be made of this iland. Practically, then, thedecision of that case disposes so much of the subject of yourcommunication as relates to the legally-established limits ofthe reservation; there being, a~s I understand, no doubt con-cerning that part of the reservation which is described on theplat by yellow lines.

But, while the United States appear to now hold the landsembraced by the said plat as a military reservation, theynever having parted with the title thereto, it would seem thatthe jurisdiction over the same has passed to the state of Kan-sas by virtue of the act of June 21, 1861, admitting that stateinto the Union. The effect of the act was to withdraw fromfederal jurisdiction all the territory within the boundaries ofthe new state, excepting only the territories of Indians hav-ing treaties with the United States which provided t~hat, with-out their consent, such territory should not be sutbjected

to the state jurisdiction, (see United States vs. Ward, 1 Wool,C. C. Rep., 17; United St~ates vs. Stahl, ibid, 192.) The reser-vation is within the territorial limits of the state, and does notcomle within the exception averted to.

To restore the federal juristiction over the land includedin the reservation, it will be necessary to obtain from thestate of Kansas a cession· of jurisdiction, which, I have nodoubt, will be readily granted by the state legislature uponapplication.

The papers are hereby returned.Very respectfully, your obedient servant,

G~EG. H. WILLIAMS,Attorneyc Genteral.

Hont. Win. M. Betknap,Secretary of War.

Ra ~ilroa ds

The Constitution of the United States (Art. IV,sec. 3, par. 2) provides that :

"LThe Congress shall have power to dispose of, and makeall needful rules and regulations respecting the territoryor other property belonging to the United States."

The G~overnment of the United States has, with respect toits own lands within the limits of the state, the rights ofan ordinary proprietor to maintain its possession, and to pros-ecute trespassers; and may legislate for their protection,though such legislation may involve the exercise of policepower. (Camfield vs. U. 5., 167 U. 5., 518.)

SECTION 6, Act of JUly 5, 1884:--The Secretary of Warshall have authority, in his discretion, to permit the extensionof state, county, and territorial roads across military reserva-tions; to permit the landing of ferries, the erection of bridgesthereon, and permit cattle, sheep or other stock animals to bedriven across such reservation, whenever in his judgment thesame can be done without injury to the military forcesstationed thereon.

Act of July 28, 1892:--Authority is hereby given to theSecretary of War, when in his discretion it will be for the pub-lic good, to lease, for a period not exceeding five years andrevocable at any time, such property of the United Statesunder his control as may not for the time be reqluired forpublic use and not for the leasing of which there is no author-ity under existing law, and such leases shall be reportedannually to Congress.

A license is an authority, revocable at pleasure, to doa particular act or series of acts upon the land of anotherwithout possessing an estate therein. (Morgan vs. U. 5., 14.Ct. Ols. 319.)

-22-

Chicago, Rocka Island &~ PEacific Ry. Co.I~ormerly

The Chicago & Southwestern R~y.Formerly

L~eavenworth &3 Des M~oines Ry.

Under an act of Congress, approved July 27,1868, a grant was made to the Leavenworth & DesMoines Railway Company authorizing it to constructa line through the military reservation of Fort Leav-enworth lying within the state of Mlissouri in the fol-lowing terms:

Be it enaccted, etc., that the right of way, not exceeding.one hundred feet in width, is hereby granted to the Leaven-worth & Des Moines Railway Company, a corporation cre-ated~ under the laws of the State of Missouri, to construct andoperate a railway across the military reservation at FortLeavenworth, on the east side of the Missouri river, upon aline to be designated. and fixed by the Secretary of War.

In a communication to the Secretary of War, set-ting forth his reasons for an approval of the proposedgrant, Harvey Egerton, the road's president, said:

"The construction of the railroad to the river will be ofno inconsiderable conveilience and benefit to the government.With the present facilities all freight is landed more than amile below the city, and is ferried over, then transported tothe fort--a distance of more than five miles. Wlith the term-inus of the Leavenworth & Des Moines Railroad, wherewe have designated upon the map (the river bank) all freightfor government may be landed by feri~y upon the governmentlevee, saving time and labor."'

The company, however, failed before being ableto carry out the promise made to the government tosecure the grant.1 Later another company was

1 The city and county of Leavenworth voted $300,000 inaid of the road's construction, said amount to be paid in in-stallments in proportion to the amount of road graded andplaced in operation. Through collusion with certain o~fficialsof the county of Leavenworth, o-fficers of the road secured pos-session of the entire bond issue, when only a fraction of theline had been graded, and none of it in operation. To prevent

-23-

organized under the name o-f "Chicago & Southwest-ern Railway Company."' This company succeeded tothe rig~hts held by the Des Mloines road. The road-bed was then finished and the line put in operation bythe latter part of 1870. Access to Leavenworth andthe post was then had by the means proposed in theletter of the "Des Mdloines" president, from a stationopposite the post, in Mdissouri, called "Bridgeport"and what is now the eastern end of the Missouri &Kansas Bridge. About the 1st of January, 1871, theChicago, Rock Island & Pacific Railway Company se-cured a lease of the Southwestern and begaan operat-ing the line. The road became known as the "RockIsland, " although the leased line did not become theactual property of the road until the year 1876. (SeeKEansas & Missouri Bridge, p. 45.)

The Fort L~eav~enworrt ~ i th~ailroad Co.

The Fort Leavenworth Railroad Company wasorg~nized under the author-ity of a charter grantedby the State of Kansas, August 2, 1871. The pur-pose for which this company was formed and createdwas to "build, construct, equip, furnish, manage, work and controla railroad and telegraph line in the County of Leavenworth,State of Kansas.

"The railroad to be constructed by this corporation is to be located within the County of Leavenworth, State of Kan-sat, starting and beginning at or near the western abutmentor approach of the Kansas and Missouri Bridge, on the FortLeavenworth mlilitary reservation in the state and aforesaid,and terminating at, within or near the city of Leavrenworth,

legal objections the bonds were carried into Missouri as soonas signed by the county officers and once safe on the otherside of the river, work on the line ceased. The federalcourt, however, Judge Dillon, held that inasmuch as they hadpaid one installment of interest on these bonds, such paymenthad legalizled the issue and the county was bound to meet theintferest as it fell due. This it has done.

--24-in said county with a branch railroad from a point near saidbridge on the line of said first mentioned railroad, to a junc-tion with the Leavenworth, Atchison & Northwestern Rail-road (Missouri Pacific), at or near said city of Leavenworth,and also to construct;, own and operate such other branchrailroads within said military reservation as may becomenecessary or useful in connecting other railroads now or here-after to be constructed through said military reservation; andalso a like railroad connecting said main road and branchestogether across any portion of said reservation; and also toconstruct, build, manage and operate a telegraph line or linesalong and near to the lines of said road, Ibranches and connec-tions.

"The estimated length of said road is about three milesand its branches and connections are about nine miles.

"LThe office and place of business of said company andcorporation is to be in the City of Leavenworth, in the Countyof Leavenworth, Stat~e of Kansas.

"LThe terms for which said company and corporation is tocontinue shall be ninety-nine years."

In thus reproducing the "prospectus" of thiscompany, as set forth in its charter, it is desired tomake of record a most peculiar situation at one timeexisting on the reservation. A railroad company,without authority from either Congress or the WarDepartment, "squatted"' upon the reservation lands,building sidetracks, stockyards, roundhouses andfreight buildings in the very "teeth of bayonets",defying all efforts for twenty years to secure itsremoval.

The third section of the act of Congress approvedJuly 20, 1868, granting a charter for the constructionof a "high" bridge across the Mlissouri river oppositethe post, carries with it a grant providing "for theuse of railroads leading to said bridge from either sideof the river a right of way through said Fort Leaven-worth reservation, not exceeding for all said roadsthree hundred feet in width, provided that said roadsdo not in any way interfere with the public buildingson military reservation."'

-25-

It is not to be understood that this Fort Leaven-worth Railroad Company was an independent organ-iza~tion. Its officers were identified with the Chicago,Rock Island and Pacific railroad company, just as theofficers of the latter company were fully identifiedwith the Chicago and Southwestern, which? was theconstruction company for the Rock Island. As the in-terests of this road were expected to be considerablywithin the territorial limits of Kansas, it was de-sirable to organize a corporation under the laws ofthe state. There was an additional object in view,qluite, if not more important, than the mere attemptto control the railway operations on this side of theriver as they related to the great bridge. It was theobtainment of considerable lands of the reservationto permit the construction of no inconsiderable termi-nal -facilities of the road.

Under the third section of the act referred to,the Fort Leavenworth Railroad Company hoped to beable to arrogate to itself the right to control thebridge approach and such terminal facilities as eachof the roads to cross thereafter, mary reqyuire. Bythis grant nothing more was intended than to givefree access to and from the bridge for the differentroads. It meant as clearly as anything could meanthat each road desiring to cross the bridge should beable to reach the City of Leavenworth free and unin-cumbered so far as the route through the reservationwas concerned.

The bridge was opened to traffic in 1872. Whenthe Rock Island reached the K~ansas side of the river,it promptly commenced the construction of terminalfacilities, running an extended track in a souzthwestdirection, from a point near Two-Mile Creek, andat the head of Sixth street, constructed its freighthouse and yards.

-26-

Subseqyuently the Fort Leavenworth company or-ganized under a state charter to assume controlover the trackage built by the Rock Island. Themilitary authorities of the post laid the action of thisroad before the war department with a view of ascer-taining just what rights the roads possessed underthe third section of the act granting a charter for abr~idge. The Attorney General of the United Stateswas asked for his opinion (see appendix C). This wasto the effect that the road had no authority beyondthat clearly stated in section 3, and this did n~otextend towards the construction of terminal facilities.

On a second representation to the war depart-ment in 1875, that the road continued to occupyillegally certain portions of the reserve, the Secretaryof War, following the opinion laid down by theAttorney General, held that the road had no right tosuch occupation and directed its removal. Beyondsuch instructions nothing was done and the roadcontinued to do business at the "old stand". In 1878,when, upon a third representation the instructionsgiven in 1875, were modified and action deferred topermit the company to secure relief from Congress.

A bill was introduced in the Senate (45th Con-gress, 2d Sess.) by Mlr. Plumb from K~ansas, providingfor the sale of certain reserve lands' to give the RockIsland road the relief sought. The measure passedthe Senate but met with parliamentary defeat in theHouse. This was the only step taken by the companyto obtain Congressional relief, but it managed to"hang on" to its unauthorized possessions until 1894.

Upon assumption of the -command of the Depart-ment of the Mcissouri in 1887, General M~erritt com-menced "taking stock" of the corporations doingbusiness on the reservation. He discovered that theRock Island was there illegally. In his annual report

'Senate page 4418--Con. Rec. 45th Congress, 2d Session.

-27-

for 1888, the General furnishes a list of all FortLeavenworth corporations with the authority underwhich they did business on the reservation.

He referred to the fact that the War Departmenthad been frequently asked to take steps lookingtowards a removal of the road from the reserve, butnothing appeared to have been done. He recom-mended with considerable force that the road shouldno longer be permitted to occupy unauthorized groundupon the reserve. A flood of correspondence fol-lowed and finally when forbearance ceased to be avirtue even withb the War Department, the post com-mander was directed in 1891. to forcibly remove thecompany after ten days notice having been given.This had the effect of securing action.

The company represented that arrangementswere about being perfected to build a new bridgeat Leavenworth, and when finished would re-move its terminal facilities from the reservation.The bridge was opened to traffic on January 1, 1894,and from that day the Rock Island ceased to be abone of contention with the Fort Leavenworthauthorities, while the Fort Leavenworth companyhad long before gone out o~f business, the object ofits organization having failed to materialize sufficientto make i~ts continuance unnecessary.

The Miissouri Paci~ficFEormerly

Lreavenworth, Atchison1 & Nortehwestern ~Railway

The present right-of-way through the Fort Leav-enworth reservation, along the Missouri river wasauthorized by Section 2 of an act of Congress,approved July 27, 1868, which provides:

SECTION 2. AndE be it fu~rther en~acted, That the right-of-way, not exceeding one hundred feet in width is hereby

-28-granted to the Leavenworth, Atchison & Northwestern Rail-way company, a corporation created under the laws of theState of Kansas, to construct and operate a railroad a~crossand over the military reservation at Fort Leavenworth, in theState of Kansas, upon such lines as shall be designated andfixed by the Secretary of War; Provided, That if the said com-pany shall not construct, within one year from the passage ofthis act, a railway from the city of L~eavenworth to the cityof Atchison, then, in that case, a like privilege is herebyconferred upon any other company that; shall construct a rail-way between said cit~ies.

This company obtained a large grant, in stoscks1from the city of L~eavenworth, it having promised toestablish headquarters, roundhouses and workshopsin the city. Soon following its operation the roadwas purchased by the Mlissouri Pacific Railway, whichhad reached Leavenworth from Kansas City, and hasever since been operated under that name. Theroundhouses and whatever shops had been estab-lished were removed to the city of Atchison.

The Unzion P~acific RailwayV~iormerly

T4he Leavenwortlh, KEanlsas &r Wbesternz RailwayFormerly·

The Kanasas Central R~ailway

The Union Pacific Railway runs through thereservation by virtue of a license granted in 1871by the Commanding General of the Departmentof the Missouri, to the Kansas Central Railway.This road was intended to run from Leaven-worth to Denver, but when a distance of 164miles west was reached, construction ceased. Itwas first built as a narrow guage road and laterchanged to standard gauge. The company was.organized by citizens of Leavenworth, and thecounty gave $250,000 of the only paid up stock' in

1This stock was secured by the county of Leavenworthfrom the Kansas Pacific railway in return for $~250,000 in aid

-29-

the K~ansas Pacific, (now Union Pacific), in aid of itsconstruction. The road runs through the towns ofValley Falls, Holton, Onaga, and Garrison. M~ilton-vale is its terminus.

In 1876 the road was sold ~to "Commodore" Gar-rison, owner of the Missouri Pacific railway. In 1880bit became the property of Jay Gould, who purchasedthe Missouri Pacific. Gould, at this time in control ofthe Union Pacific, turned this property over to theUnion Pacific and has continued to operate the roadsince that time.

Following is a copy of the authority granted theK~ansas Central Railway Company under which it runsacross the Fort Leavenworth M~ilitary Reservation :

This instrument made and executed on this 31st day ofOctober, 1871, witnesseth, that:

In consideration of the granting of the United States ofthe right-of-way to the corporation known as the KansasCentral Railway Company through the military reservation ofFort Leavenworth on the line selected by said company, thesaid Kansas Central Reailway Company hereby agree and bindthemselves to do and perform, and to keep perpetually in re-pair, the following described work; as follows:

Whenever the line of the aforesaid railroad shall run be-tween any portion of any corral or corrals or inclosuresnow existing or hereinafter made, in which are kept animalsbelonging to the United States, and the stream known as Cor-ral or Two (2) M/ile Creek, passageways sufficiently wide andhigh for horses shall be constructed under the said railroad,the nlumber of such passageways to be fixed by the principaloffcer of the Q~uartermlaster's Department on duty at Fort

voted that company for the construction of a branch of theKansas Pacific from Leavenworth to Lawrence to connectwith the main line. This stock is worth $25,000 anually, andit is claimed that county offcials, under "peculiar" circum-stances, transferred the stock to this com~pany.

For a history relative' to the construction of this road andits final sale, see Senate Executive Document, 1st session,50th Congress, Vol. III., testimiony taken by Union PacificRailway Commission, pp 1588-1595.

--30-

Leavenworth at 4'ie time, and subseqyuently at the time anynew corral may be estabalished:

To construct wherever the line of the said railroad shallmeet any fence upon the said military reservation, securecattle guards, such as will prevent the passage of cattle, sheepand swine into or out of the ground enclosed by said fences:-the said fence to be such as will give satisfaction to the princi-pal ofJficer of the Quartermaster's Department on duty atFort Leavenworth.

To make a roadway by a good and substantial bridge anddo all necessary work to make a good wagon road over therailroad at the point where the aforesaid railroad shall crossthe existing main wagon road from Fort Leavenworth toLeavenworth City, to said bridge and roadway to be of thefull width of~ the present road at the point above mentioned,and the appiroach to said bridge on either side to be filled sothat there shall be a level grade from the bridge to the nextrising ground.

To make up a line to be hereafter designated by the ChiefQuartermaster at Fort Leavenworth, a road as a substitute forthe existing road upon the western border of the prairie farm,--said road to be thrown up in the ceater and ditched on bothsides.

To move and reset upon such lines as the Chief Quarter-master may designate such of the present fences upon theprairie farm as the aforesa'id of~ficer may think it necessary tomove on account of the building of said railroad.

To build a bridge sufficiently wide for two wagons to passeach other upon it, over the cut which the company proposesto make through the ridge on the western boundary of themilitary reservation, and do ali necessary grading for the ap-proaches to said bridge so as to make a good and continuouswagon road at that point along said ridge.

In witness thereof the undersigned officers of the saidKansas Central Railway Company for and in behalf of thecompany have hereunto placed their hands and seals at Leav-enworth, Kansas, the day and date first above written.

(Signed) L. T. SMITH,Presidenzt

Kalnsas Celntral B. W.~ Co.ATTEST:

(Signed) PAUL E. HAVENS,Secr~etary.

A .TRUE copy:(Signed) R. SAXTON,

De~puty Q. 1M. General.

-31 -

In the 51st session of Congress Sc lator Plumb ofKansas introduced a bill (Senate No. 4974) confirmingto the K~ansas Central Railway the right of waygranted it in the above license. The military com-mittee to which the bill was referred submitted areport with amendment, but no further action wastaken.

In 1901 the Secretary of War granted to thisroad the right of way for a switch under the follow-ing terms:

The L~eavenworth, KIansas & Western Railway Companyis hereby granted a license, revocable at will by the Secretaryof War, to lay a spur from its main track on t1he militaryreservation of Fort Leavenworth, Kansas, to the line of thenew penitentiary grounds, as shown in yellow upon the at-tached blue print upon the following provisions and condi-tions :

That any sum which may have to be expended after therevocation of this license, in putting any premises or propertyhereby authorized to be occupied or used in as good conditionfor use by the United States as it is at this date, shall be re-paid by said Leavenworth, K~ansas & Western Railway Com-pany on demand.

Witness my hand this 12th day of July, 1901.[Signed] ELJHU ROOT,

Secretary/ of WTar.

In 1908 the Secretary of War granted this road arevocable license1 to connect its lines near the postwith the terminals constructed by the government togive it access to the public storehnouses.

Leavenw78orth1 Nlorthernt &~ SonthernOperated By

Atchison, T~ope~ka & Sante FeThis road enters the reservation from the south,

near the west line, leaving same about half the dis-tance north. It runs between the main line of the

1·Official copy in offce of Quartermlaster.

-32 -

Santa Fe on the south at Holliday, and the main lineof the same road on the north, connecting at Atchi-son. It is owned and operated by the Santa Fe rail-way company and was constructed in 1886-7 underthe following act of Congress:

Be it enacted by the rSenate and House of Represelzntaives ofthe United S~tates of America, in, Congress assembled: That theright of way not exceeding one hundred feet in width. ishereby granted to the Leavenworth Northern & SouthernRailway Company, a corporation created under the laws ofthe state of Kansas, to construct and operate a railroad acrossand over the military reservation at Fort Leavenworth, in thestate of Kansas, upon such lines as shall be designated by theSecretary of War; Provided, T'hat if any part of the line to beso dtesignated and fi~xed by the Secretary of War for anyother railroad company, all differences between such comu-panies as to the occupying of such line, and as to any com-pensation to be paid therefor, shall be determined by theSecretary of War; And provided fu~rther, That no furt~herinterference with any railway line now in operation on saidreservation shall be made than the public interest shall re-quire .

Approved July 3, 7886.

February 15, 1909, the United States Senatepassed a joint resolution (Senate NJo. 127) authaorizingan extension of the track of the Atchison, Topeka& Santa Fe Railroad on the reserve for the purposeof connecting them with the government terminalswitch track.

The resolution did not come up in the House of'·Representatives for consideration before the sessionclosed M~arch 4th.

Termitnal FacilitiesWith the enlargement of the post to conform to

recommendations made in 1899 by a board of officersbetter terminal facilities for the handling of troopsas well as supplies became a necessity.

For many years the MTissouri Pacific railway wasthe only local road to enjoy terminal facilities and t'hese

-33-

only because it ran directly through the post proper,though the location made them very inconvenientand a heavy charge upon the cost of hauling suppliesto and from the depot. Other railways realizing theproposed increase of the garrison meant an increasedhaulage dietermined to obtain closer connection withthe government storehouse and promptly soughtswitching facilities to connect with their lines. Tomeet this situation, and to prevent the cutting up ofthe lands by tracks, General Bell, commanding thepost in 1903-4, recommended that the governmentbuild its own terminals and thus give free access toall roads, playing favorites with none. This view thewar departmen~t; adopted.

The tracks. were to run from the southern boun-dary of the reserve near Two M~ile Creek directlynorth, alongside the Missouri Pacific railway to a pointnow known as Normoyle Junction where Ithe tracksdivert towards the storehiouses. .The road is now inoperation from Normoyle Junction and all freight istemporarily handled by the M~issouri Pacific railway,and placed upon the storehouse tracks in the post.M~uch of the heavier work of the line south of Nor-moyle Junction has been completed but it may' besome time before finished for operation.

The labor has been performedl by inmates of theU. S. M~ilitary Prison under the direction of the Con-structing Quartermasters Captain James E. Nor-moyle and Captain' Win. D. Davis. The latter suc-ceeded Captain N~ormoyle and the greater portion ofthe completed work has been accomplished under hispersonal direction.

[APPENDIX "LC"]

Opinion of Attorn~ey General.DEPARTMENT OF JUSTICE,

WTASHING~TON, D. C.November 5, 1872.

SIR: I have the honor to acknowledge the receipt of yourcommunication of the 18th instant, submitting for my officialopinion thie question "lwhether the acts of Congress grantingright of way to railroad companies through the military reser-vation at Fort Leavenworth authorize them to erect suchstructures within the limits of the right of way as they maychoose, or whether the privilege granted them by the saidacts was simply for the construction of their roads. "

From the papers and map which accompany your com-munication, it appears that the Chicago & Southwestern Rail-road company have constructed from a point within thereservation two tracks for their road, leading to LeavenworthCity, one for passenger and one for freight cars, and betweenthese tracks, at a distance of 300 feet from each, another lead-ing to cattle yard, established for the use of the company.

The acts of Congress referred to are the acts of July 20,1868, authoriz;ing the construction of a bridge across the Mis-souri river, the 3d section of which provides "that for the useof railroads leading to said bridge from either side of the riverthere is hereby granted a right of way through said FortLeavenworth military reservation, not exceeding for all saidroads 300 feet in width, provide that said roads do not in anyway interfere with the public buildings on said militaryreservation," and the act of July 27, 1868, granting severallyto two railroad companies the right of way, not exceeding 100feet in width for each, "to construct and operate a railroadacross and over the military reservation at Fort Leavenworth* * * upon such line as shall be designated and fixed bythe Secretary of War."

According to well recognized rules of law, ~these actsshould be construed strictly against the grantees. (Mills et atvs. Saint Clair Coucnty, 8. How., 581.) Justice Cliff~ord deliver-ing the opinion of the court in the case of Ric6 vs. RailroadZCompa~ny, (1 Black, 358,) says: W~henever privileges are

--35-

granted to a corporation, and the grant comes under revisionin the courts, such privileges are to be strictly construedagainst the corporation and in favor of the public, and thatnothing passes but what is granted in clear and explicitterms." Whether the railroad companies have the right toerect structures within the limit of the grant made to themby said acts is partly a question of fact as well as of law. Allare undoubtedly conveyed by the grant. (Appletonz vs. Fucller-ton, 1 Gray, 186.)

Admit-t~ing that to operate a railroad successfully inKansas it is necessary to have cattle yards connected with theroad, it does not follow that wherever there is a right of wayfor such a road there is a right also to have such yards. Togrant a railroad company a right of way through the streetsof a city would not imply the right of the company to buildcattle yards in such streets, while under some circumstancessuch a grant through wild public lands might be construed togive that right. Associated with the idea of a military reserva-tion are those ideas as to use and appearance which make itdoubtful whethker Congress intended to give to the companiesany more than, after the construction of a suitable road, theright of transit with their trains thereon; but be that as itmay, it is clear that Congress did not intend to give to thecompanies the right to erect unsightly or offensive structuresupon the reservation. Assuming it to be true that (as thecommanding general states) "~the establishing of cattle-yardsanywhere within the limits of the reservation will seriouslyinterfere with the public interests," it; thence follows, in myjudgment, that such structures are not warranted by law.

Possibly it may be more convenient;, but it cannot be in-dispensable to the operation of the railroad to have cattleyards located inside instead of outside of the reservation;and it is too plain for controversy that the direction and or-dinar~y ulse of such inclosures are wholly incompatible withthe military use of the reservation. Congress evidently madethe grant with a view to the continued use and enjoyment ofthe reservation by the military; and it seems to me, there-fore, that the railroad companies have no right to interferewith those ends fur~ther than the reasonable necessities oftheir roads and the business upon them may require.

I cannot, upon the information I have as to the circumY-stances of the reservation and railroads running through it,decide definitely as to whether any building or structure con-nected with such roads is allowable within the right of way

-6-

across said reservation; but I am clearly of the opinion thatthe right of way by said acts does not give to the railroadcompanies the right to build or have cattle yards, or struc-tures of a like description, in their roadway or elsewhere up-on said reservation.

Very respectfully, your obedient servant,(4E0. II. WILLIAMS,

Attornzey Gen-eral.Hon. Win. W. Belknrap,

Secretacry of War.

DIVISIO~N IV~

R~apsid Trdanzsit FSiacili-tiesPrior to 1888 the post population enjoyed only

such facilities to reach the city x~r return as could befurnished by official conveyance or private hire.

As early as June 17, 1863, the war departmentgranted a license to the Leavenworth City RailwayCo., to cross the reservation, with the evident pur-pose of furnishing rapid transit according to thecharacter of motive power then existing, but the linewas never constructed. Eff~ort to secure a copy ofthe license issued has failed, there being nothing onfile in the War Department except a letter of accept-ance.

Some time in the eighties a "herdic" line wasestablished, giving relief, both in providing rapidtransit and cheaper fares. This was followed upwith the establishment of a regular bus line and afurther reduction ·of fares, ten cents one way, oar fif-teen the round trip.

In 1888 Congress granted a right of way to theKansas City, Wyandotte &. Northwestern Railway,(now the Kansas City-Northwestern) to build astandard guage road (dummy line) between the postand city. This line was duly constructed and is thefoundation for the splendid rapid transit facilitiesnow enjoyed by the residents of the post.

Later a company was organized to build an inter-urban electric road between Leavenworth and KansasCity under the name of the Leavenworth-LansingRailway Company. This company constructed itsline between the two points named and, when ready

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for operation, was superceded by another comp~anyunder the name of the K~ansas City-LeavenworthRailway Company.

The dummy line to the post, having in themeantime been "electrified" (1894), the newly orga-nized company purchased the line to be operated inconnection with their Leavenworth lines which hadalready fallen into its possession.

In 1898 (~May· 17), .the company secured a licensefrom the War Department authorizing a change ofroute from along the river, directly across the reser-vation from along the street in the city where its lineintersects with Metropolitan avenue. On account ofthe war with Spain, and for other reasons, the com-pany delayed the building of this new line until in1900, the Secretary of War, in view of the improve-ments then going on at the post, declined to permitthis license to stand and granted a new license underdate of August 25, 1900. (See license appendix 'D'.)The secretary took the position that it was not forthe best interests of the military service to permitthe line to cross the military reservation as author-ized in the grant of M/ay 17, 1898. Later the companyasked for a modification of the terms imposed bythis grant, but was advised that the change requestedwas against public policy, and unless it began theconstruction of its new line as provided for in thegrant of August 25, 1900, within thirty days fromthe date of the communication, the p~rivileges thereingranted would be revoked.

The company took the hint and began buildingits new line. Since that time the road has changedownership as well as name and is now known as theK~ansas City-Western Railway Company.

For several years the electric railwiay companyoperated its line along Metrop~olitan avenue between4gth and 7th streets. Since that time ·the stretch of

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road along M~etropolitan avenue has been discon-tinued and connection made directly with the lineending at North 7th street, which is the presentroute.

[~APPEND IX "D"]iGrant, September 10, 1888

An act granting to the Leatvenworth Rapid Transit Rail-way Company the right to construct and operate its railroadthrough a portion of the military reservation at Fort Leaven-worth, Kansas.

Be it enacted, b~y the Senate and Ho~use of Representatives ofthe U~nited States of America, in Congress assembled, That li-cense and authority are hereby granted to the LeavenworthRapid Transit Railway Company to construct and operate itsrailroad from its present terminus at the south boundary ofthe military reservation at Fort Leavenworth, Kansas, intoand through said military reservation to a point and terminusnear the military prison, and at its said terminus near saidmilitary prison to construct a depot, and such side tracks,turntables and other facilities as may be necessary for theconvenient operation of its said railroad; and for the purposeaforesaid, the use of a strip of land fifty feet wide for its rightof way extending from the south boundary line of said mili-tary reservation to said terminal point near said militaryprison, and the use of a tract of land not exceeding two acresin area for said depot, side tracks, and terminal facilities,are hereby granted to said railway company; Provided, Thatthe route of said railroad through said military reservationand the location of the depot grounds and the plans of the de-pot and all other buildings to be erected by said railroad com-pany on said military reservation shall be submitted to andshall be subject to the approval of the Secretary of War; andsaid company, its successors and assigns, shall occupy anduse said right of way and depot grounds subject to removaltherefrom, and the revocation of the license and authorityherein given, whenever the public service, in the judgmentof the Secretary of War, may require such revocation and re -muoval.

Approved, Se~ptember 10, 1888.

Revocable L~icenlse, July 1L5, 1892Harry L. Earle of Leavenworth, Kansas, is hereby granted

a license revocable at will by the Secretary of War, to con-

st~ruct, maintain and operate a street railway on the UnitedStates· Military Reservation at Fort Leavenworth, Kansas;said railroad to commence at the intersection of SeventhStreet in the City of Leavenworth, Kansas, with the southboundary line of the reservation and running thence northalong the main road known as Grant Avenne to a point aboutmidway between Gr·ant Avenue and McClellan Avenue onPope Avenue, the track to be located on the side of GrantAvenue between the row of trees and the fence, substantiallyas shown on the attached map; and to erect, maintain anduse a small passenger station or waiting room at the norther~nterminus of said railway upon the following provisions andconditions :

1. That the track shaLllbe single and laid at the side ofthe roadway, no obstruction of any kind or character sh1allappear above the level of the street and separate trestlesshall be built over railroad tracks and ravines.

2. That the motors shall be operated with compressedair, making no noise, producing no smoke, steam, gas or otherfeature of nuisance or danger, and nothing offensive in theway of sight, sound or smell, and they shall be supplied withthe best safety appliances known to street railway propulsion,that is, a reverse lever and air brake.

3. That the said street railway and passenger stationshall be subject to such police and other regulations for thegood order and discipline of the post of Fort Leavenworth,Kansas, as the commanding officer of said post for the timebeing may consider necessary and proper; and he may super-vise the construction of the railway and passenger station sofar as may be necessary to insure compliance with the termsof this license.

4. That any sum which may have to be expended, afterrevocation of this license, in putting any premises or property ,hereby authorizled to be occupied or used, in as good condi-tion for use by the United States as it is at this date shall berepaid by said Harry L. Earle, on demand.

Witness my hand this 15th day of July, 1892.

(Signed) S.B. ELKINS,Secretary/ of War.

The above license was amended by the Secretaryof War under date of February 10, 1893, as follows:

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Harry L. Earle of Leavenworth, Kansas, is hereby granteda license, revocable at will by the Secretary. of War, to con-struct, maintain, and operate a street railway. on the UnitedStates Military reservation at Fort Leavenworth, Kansas;said railway to commence at the intersection of Seventhstreet of the city of Leavenworth, Kansas, with the southboundary line of the reservation, and running thence alongthe west side and parallel to Grant Avenue, and at a distancefrom its western edge not less than fifty feet, to a point aboutmidway between Grant Avenue and McClellan Avenue, onPope Avenue, the cars to be run either by compressed air ortrolley electric power; and to erect, maintain and use a smallpassenger station or waiting room at the northern terminusof said railway. This license is issued in place of the licensegranted to the said Harry L. Earle, July 15, 1892, which ishlereby revokred, and this license is issued upon the followingconditions and provisions:

1. That the said street railway and passenger stationshall be subject to such police and other regulations for thegood order and discipline of the post of Fort Leavenw-orth,Kansas, as the commanding officer of said post for the timetime being may consider necessary and proper.

2. That any sum which may have to be expended, afterrevocation of this license, in putting any premises and propertyhereby authorized to be occupied or used, in as good condi-tion for use by the United States as it is as this date shall berepaid by said Harry L. Earle on demand.

Witness my hand this tenth day of February, 1893.

(Signed) S. B. ELKINS,Secretary of War.

L~icense Issued May 11, 1898"Commencing at a point where Fourth Street in Leaven-

worth, Kansas, extended, intersects Metropolitan Avenue onthe south side of the Military Reservation of Fort Leaven-worth, thence along the north line of Metropolitan Avenue toa point opposite Fifth Street in Leavenworth, Kansas; thencein a northwesterly direction to a point just east of the road-way and sidewalk on Grant Avenue, said point on GrantAvenue, being about 1800 feet north of Metropolitan 1vnu~

thence northerly, east of said roadway and sidewalk about1 It is proper to note here that the grant by the war department to lay

tracks along Metropolitan Avenue, between Fourth and Seventh streets inthe city of Leavenworth, was made in ignorance of the law setting aside 100

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1600 feet, to a point where Grant Avenue canl readily be cros-sed at, grade; thence across said side~walk and roadway to thewest line of said sidewalks and roadways of Grant Avenue;thence northerly, west o! said sidewa~lks and roadway ofGrant Avenue and contiguous thereto, except near the sum-mit of the hill, about 530 feet north of the crossing of saidGrant Avenue, where the contour of the country makes itmore difficult to follow close to said roadway, at which pointsaid road may diverge from said Grant Avenue to a pointwest of said road, but not further Iwest than the old gradelineknown as the 'Earle' grade; thence in a northerly directionalong the west side of said Grant Avenue, and its sidewalksand contiguous thereto in northerly direction to the southside of Pope Avenue, at the junction of G1rant Avenue andwhere a suitable 'Y' and waiting room may be placed."

Revoca~ble ~icense Issued August 25, 1900The Kansas City-Leavenworth Railway, assignees of the

Leavenworth and Lansing Railway Company, is herebygranted a license, revocable at will, by the Secretary of War,to construct and operate a line of electric railroad across andover the military reservation of Fort Leavenworth, Kansas,along the following described route:

Commencing at the southeast corner of the reservation ata point where it joins the land of the Leavenworth CoalCompany thence wrest, on and over what is known as Bound-ary or Metropolitan Avenue, being on the south side of saidreservation to the intersection of said Boundary or Mdetro-politan Avenue with Grant Avenue; thence north, followingthe line of G~rant Avenue on and over the old abandonedgraded road-bed on the west side of said Grant Avenue, ex-cept that at Merritt Lake, the road shall be on a level withand adjacent to said Grant Avenue, to a point on the southside of Pope Avenue, at the junction of Pope and Grant Aven-ues, were suitable "Y" and waiting room may be placed uponthe following provisions and conditions:

1. That the railway company shall commence t~he con-struction of the line within ninety days from the date of thislicense, and shall complete the same within eighteen monthstherefrom, and the failure to complete said line withineighteen months shall work a forfeiture of said line.

feet on -the south line of the entire reservation for a public highway andpost road and the authority granted to the railway company was thereforein violation of such law~-HI1. S.

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2. That said road shall be located over and along the linegranted by the engineer or qluartermaster in chlarge of theimprovement of the reservation, and under the direction of thecommanding o-fficer of the post of Fort Leavenworth, shall bebuilt in a first-class manner and operated only by electricity.

3. That the fare between any point on the route of saidrailway to any other point, on the reservation, shall not ex-ceed five cents and that the fare charged from any point onthe reservation to any point in the city of L;eavenworth shallnot exceed ten cents; P~rovided, That said company shallcontinue the issuance of tickets in book form, for sale at re-duced rates, as at present to officers and men of the garrisonat Fo0rt Leavenworth, Kansas.

4. That the cars on said road shall run between pointson the reservation and the city of Leavenworth at least everytwenty minutes during the day time until twelve o'clock mid-night.

5. That anthority be reserved for such police regulationsas may be deemed right and proper by the Secretary of ~War.

6. That within thirty days from the granting of thislicense the said company shall file with the Secretary of Warits acceptance of same, therein agreeing to conform to theconditions herein specified and fully complying therewith.

7. That any sum which may have to be expended, afterrevocation of this license, in putting any premises or propertyhereby authorized to be occupied or used, in as good condition·for use by the United States as it is at this date, shall be re-paid by said Kansas-City-Leavenworth Railway Company ondemand .

This license is given in lieu of license, dated May 17, 1898,to the Leavenworth and Lansing Railway Company, which ishereby revoked.

Witness my hand this twenty-fifth day of August, 1900.(Signed) ELJHU ROOT,

Secreta~ry of War.

BridgesThe high bridge across the ~Missouri River at Fort

Leavenworth was constructed under authority of anAct of Congress approved July 20, ·186i8, granted tothe Kansas and Missouri Bridge Company, incorpor-porated under an Act of the Legislature of the stateof K~ansas, approved November 16, 1867.

The authority to construct the bridge is containedin the following act:An act authorizing the consrtruction of a bridge across the

Missouri River upon the Military Reservation of FortLeavenworth, Kansas *1Be it enacted by the Senate and House of Relpresentatives

of the United S~tates of America in Congress assembled, Thatit shall be lawful for the Kansas and Missouri Bridge Company,a corporation having authority from the state of Kansas, tobuild a railroad, transit, and wagon bridge across the Missouririver upon or near the military reservation of Fort Leaven-worth, and that when constructed all trains of all roads term~i-nating at the Missouri River at or near the location of saidbridge, shall be allowed to cross said bridge for a reasonablecompensation to be paid to the owners thereof. And in caseof any litigation arising from any obstruction to the free nav-igation of said river, the cause may be tried before the dis-trict court of the United States of any state in which any por-tion of said obstruction or bridge touches.

Sec. 2. And be it further enacted, that any bridge builtunder the provisions of this act shall not be in any case of lesselevation thaii fifty feet above extreme high water mark, asunderstood at point of location, to the bottom chord of thebridge; nor shall the spans be of less than two hundred andfifty feet in length, in the clear, and the piers of said bridge

1 See correspondence, Ex. Doc. No. 105, H. R. 1867-8;also for legislative discussion pp. 3719 and 3967, part 4, Cong.Record, 1st Session, 40th Congress, 1867-8.

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shall be parallel with the current of the river, and the main

span shall be over the main channel of the river, at lowwater.

In February, 186i9, a contract was made for theconstruction of the bridge at an approximate cost of

$700,000. The company placed upon the structure amortgage of $750,000 which was foreclosed in 1876,and sold to the Leavenworth ]Bridge Company, a cor-poration made up of the bondholders of the old com-pany and organized for the purpose.

In 1880 a mortgage was made by the Leaven-worth Bridge Company for $600,000. In 1886 thebridge was partially destroyed by fire, and there-after reconstructed. The mortgage upon the propertymade by the Leavenworth Bridge Company was fore-closed in 1886 and in 1899 the property was againsold at foreclosure to the Fort Leavenworth BridgeCompany, the present owners.

The bridge was completed and opened to railwayand wagon traffic on April 10, 1872. The first roadto avail itself of this highway was the Chicago, RockIsland and Pacific Railway. In February 1891 theChicago Great Western Railway entered Kansasover this structure. Upon the construction of thebridge across the river opposite the city the RockIsland discontinued its use on the night of December31, 1893, and from that time has used the new bridge.The Great Western followed the Rock Island a yearlater. Since then this bridg~e has not been used forrailway traffic.

NOTE--The people of Leavenworth County subscribed for2500 shares of the stock of this company, each share havingthe value of 8100. This subscription was paid within twoyears. Through a manipul~at~ion of the stock by countyofficials the taxpayers lost control and never realized any-thing from their subscription.

DIV~~ISIONe VrI

Telegraph and Telephone Companies

Postal Telegraph-Cable Company

"The Postal Telegraph-Cable Company is herebygranted a license, revocable at will by the Secretaryof W~ar, to erect and maintain a telegraph line acrossso much of the Fort Leavenworth, Kansas, timberreserve in Mlissouri as may be necessary in buildingsaid line parallel to and five feeet west of the westline of the right of way of the Chicago, Rock Island& Pacific Railway, where said right of way lies ad-jacent to the eastern boundary line of said timber re-serve upon the following provisions and conditions:"

1. That the construction and maintenance, of the tele-graph line herein permitted to be erected shall be subject tosuch rules and regulations as the commanding offcer of saidreservation may from time to time make.

2. That anly sum which may have been expended, afterrevocation of this license, in putting any premises or propertyhereby authorized to be occupied or used, in as good conditionfor use by the United States a~s it is at this date, shall be repaidby the said Postal Telegraph-Cable (iompany on demand.

Witness my hand this 28th day of February, 1901.[Signed] ELIHU ROOT,

rSecretary of Wt7ar.

A license to run a telegraph line along thesouthern boundary of the reservation was grantedOctober 1, 1901, to the Postal Telegraph-Cable Com-pany.

Telephone Companies

On the 9th day of May, 1906, the Acting Secre-tary of War, Hon. Robert Shaw Oliver, granted a re-

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vocable license to the Missouri and Kansas TelephoneCompany and the People's H~ome Telephone Company.Both instruments are identical in their requirements,and are as follows:

1. That the said licensee shall at its own proper cost and

charges provide all manner of materials, labor and cartage ofevery description for the proper and complete installation.,operation and maintenance of said telephone system.

2. That all work incident to this license shall be subject

to the supervisionl and approval of the commanding offic~er ofsaid reservation.

3. That the cost of the telephonic communication forthe residents of said reservation, shall, be at a monthly rentalof $1.00 per month for two party line, and $1.50 per month forspecial line per telephone; all government offices to be onspecial lines at the rate of $1.00 per month per telephone.

4. That the United States shall not be held answerable or

accountable for any loss or da~mage that shall or ma~y happento the said system or any part thereof respectively installedor for any of the materials or other things used and employedin the installation.

5. That upon the revocation or relinquishment of thislicense, the said licensee shall remove all its property fromthe said reservation within such time as the Secretary of War

may indicate, and upon the refusal, neglect or inability to re-move the same, the Secretary of War may cause such prop-erty to be removed at the expense of said licensee; and noclaim for damages against the United States, or any agent oroff~icer thereof, shall be created by or made one account ofsuch removal.

6. That any sum which may have to be expended, afterrevocation or relinquishment of this license, in putting any

premises or property, hereby authorizcd to be used, in as goodcondition for use by the United States as it is at, thisdaeshall be paid by said licensee on demand.

·7. That; in order to minimize the danger of fires from

electric wires, said licensee shall provide electric installationinside of buildings as good as that prescribed in like casesunder the rules of the Naationa~l Board of Underwriters.

5. That the installation and operation of the telephonesysltem herein authorizodi shall be subjeot to such rules andregulations in the interest of good order, police and discipline

-49-as may from time to time be prescribed by said commandingofficer of said reservation.

1People's fotne Tele-phone CompanyThe People's Telephone Company, of Leavenworth, Kan-

sas, is hereby granted a license, revocable at will by theSecretary of War, to extend its lines now on the U. S. militaryreservation of Fort Leavenworth, Kansas, across said reserva-tion on the east side of the Missouri river, to the highwayleading to Platte City, Missouri, upon the following provisionsand cgnditions:

1. That said lines shall be located and constructed subjectto the supervision and approval of the commanding offcer,Fort Leavenworth, Kansas.

2. That any sum which may have to be expended, afterrevocation of this license, in putting any premises or propertyhereby authorized to be occupied or used in as good conditionfor use by the United States a~s it is at present shall be repaidby said The People's Telephone Company on demand.

Witness my hand this 8th day of April, 1901.[Signed] ELJHU ROOT,

Secretary/ of War.

D [~~I IS I ONT\ V II~

W~ater Snpply and Sanitation.The method of supplying water for the garrison

was, until 1865, of the most primitive character. Itwas undoubtedly abreast with the times, and, consid-ering the general lack of facilities at far westernposts, these methods were evidently equal to the bestin this section. The water wras delivered in barrelshauled around the post after having been filled on thebanks of the M~issouri. An early visitor to the postdescribes the machinery for supplying the water asfollows: "The waterworks consisted of a six-muleteam and wagon driven into the edge of the waterabout hub deep, and in the wagon eight or tenbarrels, with the upper head out, set on end. The'power' was a couple of prisoners from the guard-house, guarded by a sentry with musket and bayonet.One of the prisoners stood on the hub of the wheel,clinging to the top of the wagon box with one hand,while dipping up the water in a large camp kettlewith the other, passing it to the other prisoner whostood in the wagon and emptied the water into theopen barrels which were not covered to keep thewater in; andl the water-wagon was doing well if itreached the fort with each barrel two-thirds full.The team was then driven around in rear of theofficers' and soldiers' quarters, the prisoners dippingthe water out and filling the barrels kept near theback doors for that purpose."~

In 1865, through the efforts of Colonel J. A.Potter, the depot quartermaster, steps were taken toimprove the method for supplying the garrison? with

water. A purmping station was erected on the bankof the river, about a quarter of a mile north of thehigh bridge spanning the stream. With this steampump the water was forced to a large tank, having acapacity of 21,000 gallons, situated near the hig~hestpoint of elevation in thle garrison. This tank stoodlittle east of Scott avenue and south of Pope Hall.TPhe post was then supplied with two water-wagons,the bed being built in a long box shape to which wereattached eight mules and the water hauled to allthe quarters in the post. The tank was providedwith an automatic attachment to cause the pump todo its duty or afford it relief according to thequantity of water in the tank. Cisterns were placedat numerous points in the post, in fact every set ofofficers' quarters was supplied with one for thestorage of water and in season of draught were filledfrom the tank by hose. Unless thne roof and gutteringof quarters were kept clean of organic matter theresult often was a contamination of the water in thecistern.

As the sanitary conditions were equally bad atthe post General Pope, commanding the Departmentof the Mdissouri, appointed a board of officers in 1874to consist of Major Gl1over Penin, medical director;Surgeon T. A. MlcParlin, post surgfeon; and M~ajorJ. J. Dana, depot quartermaster, to make a thoroughinvestigation of its sanitary condition. (The sinksthroughout the garrison consisted of vaults dug in therear of all habi~table buildings, which, when threybecame too foul were filled up and new ones dug.)The board made strong recommendations, but aswater was not abundant it was evident to the mem-bers that their views could not obtain, nor did untilsome ten years later.

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General Pope's action in convening the boardwas based largely upon a report submitted by Sur-geon M~cParlin to the following effect:

"LConsidering the importance, the size, and the character,as an established post having been occupied since 1827, andalso the greater security in case of fire, it may be regarded asa matter of surprise and regret that the water supply has notbeen made adequate to all needs and emergencies. For thewant of it, cesspits and cesspools continue to honeycomband saturate the soil, and drainage is imperfect. On this ac-count, except in summer, bathing facilities for all the mencannot be supplied--inasmuch as the water has to be hauledin quantity only a~vailable by water wagons. Indeed very fewof the officers--and those of high rank--have proper facilitiesfor hot and cold water supplied in a bath room for them-selves or their families. Officers of moderate means cannotafford to purchase expensive copper boilers and bathroomfixtures and then, turned out of qluarters by a senior officer,remove them to another set.

"The expenditure by government of a sum adequate togive a constant supply of water, and the purchase of neces-sa-ry fixtures, and appliances for baths would be a great andsalutary improvement and raise this extensive and importantcommand nearer the plane of health and the sanitary standardattained at other stations in the army and navy."

The post's modern system of water supply wassecured by Captain Lafayette E. Campbell, assistantquartermaster. This officer came here from SanAntonio, Texas, in 1883, and at once set to work tosecure a change, from primitive to modern sanitaryconditions. Within one year the mains of the Leav-enworth City and Fort Leavenworth Water Companywere laid along Grant avenue to the post and contractentered into with this company to furnish the water.The sanitary conditions received equal attention andto Colonel Otis, 20th Infantry, belongs the credit forthe construction of the post sewerage system. Ofcourse, the system has been greatly extended andimproved but a number of the trunk lines are todayas they were originally laid down by him.

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Under the contract referred to it is provided thatthe company furnish and lay on the reservation 9,000feet of standard 8-inch cast iron pipe to a depth offour feet and that for said work the company shouldbe paid $11,500 and the property thereafter to belongto the United States. It was further stipulated thatfor the supply of water for use in the post the com-pany be paid a rental of $500 per month. The rightto renew the contract annually for twenty years wasreserved, except in case of a material increase of con-sumption, and then to be paid at a rate to be agreedupon between the department commander and thecompany. The contract is signed by M~ajor JamesGillis, chief quartermaster and Len T. Smith, presi-dent of the water company. This contract is as fol-lows:

ARTICLES OF AGREEMENT entered into at Fort Leaven-avenworth, K~ansas, this.....day of June, 1884, by and be-tween Major James Gillis, Quartermlaster, U. S. Army, ChiefQuartermaster Department of the Missouri, party of the firstpart, and L. T. Smith, of Leavenworth City, Kansas, Presi-dent of the Leavenworth City & Fort Leavenworth~ WaterCompany, acting in his own behalf, and also as president,duly appointed and qyualified, of said Leavenworth City & FortLeavenworth Water Company, an incorporated company ofthe said state of Kansas, party of the second part:

THIs AGREEMENT WITNEsSETH, that the said party of thefirst part, for and in behalf of the United States of America,and the said party of the second part, for -and in his own be-half, and as President as aforesaid for and in behalf of saidLeavenworth City & Fort Leavenworth Water Company havemutually agreed, and by these presents do mutually agree toand with each ot her as follows, namely:

ARTICLE I. That the said party of the second part shallfurnish and lay on the military reservation at Fort Leaven-worth, Kansas, nine thousand (9000) feet of standard--eight;(8) inch cast iron water pipe now in use on said militaryreservation. The pipe to be laid four (4) feet deep, and allwork to be perfect in every respect, and subject to inspectionby the depot qyuartermaster at Fort Leavenworth, Kansas.

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ARTICLE II. That for and in consideration of the faithfulperformance of the stipulations of this agreement, the partyof the second part shall be paid at the o~ffice of the depotquartermaster the sum of eleven thousand and five hundred($11,500.00) dollars.

ARTICLE III. It is expressly understood by the parties tothis agreement that upon the acceptance of the pipe, and pay-ment made therefor, the said nine thousand (9000) feet of pipeshall be the property of the United States, and that thereaftera contract shall be enltered in for the supply of water on theMilitary reservation at Fort Leavenworth, at a monthly rentalof five hundred($500.00) dollars, and that the United States shallhave the right to renew the said contract annuallyr for twentyyears, at a rental of five hundred ($:500.00) dollars per month,except in case of material increase of consumption and thento be paid at a rate to be agreed upon between the departmentcommander and the Water Company.

In witness whereof, the undersigned have hereunto sub-scribed their names and affixed their names the day and thedate first above written.

JAMES GILLIS,2Major and Quartermaster, U. S. Army,

Chief Qu~artermaster, Departmenzt of the 2Missoucri.

L. T. SMITHI,President, Leave~nworth, City and

FEiort Leavenworth Water Company.

In the early days of the present reconstructionperiod Colonel William Gary Sanger, Acting Secre-tary of War, and. General W. H. Carter, visited thepost for the purpose of investigating the advisibilityof installing government water works. The schememet with the approval of Secretary Root and fundswere made available. Engineers were employed tomake the necessary surveys and a full report of thecost submitted.

It was intended to place the reservoir upon thehighest point on the bluffs west of the post. Thisstep, however, met with serious opposition from theprivate company, which, through its directors resid-ing in the East, made use of influence at their corn-

-5-6

mand to prevent this proposed improvement. Thedepartment, however, refused to relent until it wrungf~rom the company not only concessions of a favor-able kind, but secured a great improvement in thequality of the wat~er thereafter furnished.

On July 1, 1907, a new contract was entered intowith the Company to run for eighteen years, theright, however, being reserved by the United Statesto withdraw from it at any time, upon due and suffi-cient notice. This contract is on file in the office ofthe quartermaster.

DIVISION? VIII

Road~s and Avenu~esPrior to 1887 there had been no "official" at-

tempt made to name the post's avenues. Duringthat year, Brigadier General Orlando B. Willcox,commanding the Department of thie Missouri, directedthat a board of officers convene for this purpose.The board decided to name all avenues running to andfrom the river, in honor of officers of the navy, andall others in honor of officers of the army. All ave-nues located since that time, particularly those in thecollege section, have been named by General Bell,commandant of the service schools.

Until 1888 Scott avenue was known as ArsenalAvenue, its name being derived from the fact that itlead directly towards the main entrance of the Arsen-al grounds. That year, however, General Merrittcaused its name to be changed to Scott Avenue; theboard of the former year, on the ground that theavenue was so well known by its name, declined tochange it.

The board also extended the name of Pope tothat portion of the avenue extending west fromGrant, towards the National Cemetery, and is in con-tinuation of the avenue bearing the name having itseastern beginning at Scott Avenue.

Sumner Place was until 1887 known as the MainParade.

For further particulars as to the location of ave-nues as named by the board see Book FF in office ofpost quartermaster.

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~Metropolitan Avenue

The avenue bearing the above name is one hun-dred feet in width and runs along tlhe entire southernboundary of the reservation, forming the dividingline between the city of Leavenworth and the reserve.It was set aside by Congress for a public highwayunder the act set out below. As indicated by Section2 of the act, title in the land is retained by the UnitedStates and its jurisdiction thereover continues.

The act follows:An Act donating a portion of the Fort Leavenworth military

reservation for the exclusive use of a public road.'Be it enacted by the Senzate and House of Represenztatives

ofthLe United States of AmzericaL in Congress assemblled, Thata strip of land one hundred feet in width along the southernboundary of the Fort Leavenworth military reservation, inthe state of Kansas, extending from the M~issouri river to thewestern boundary thereof, be set apart for the perpetual andexclusive use of a public road; and the said road shall be andremain a public highway for the use of the Government ofthe United States, free from tolls or other charges upon thetransportation of any property, troops, or mails of the UnitedStates.

Sec. 2. And be it further enact·ed, That Congress may atany time amend or repeal this act.

ApprovedZ July 27, 1868.

Grant Avenue

This avenue connects the post with the city ofLeavenworth and was commonly known as the Fortroad until 1887, when it was given its present name.Until 1876 ·the road made direct connection with thecity at North Fifth Street. The stretch of road run-ning to Seventh Street at Metropolitan Avenue afterpassing the cut south of the railroad viaduct, was notopened until that time. At the south end of the cutthe old road took a southeast direction towards NorthFEifth street.

'For discussion of this measure see Cong. Rec., pp 3956and 4493, part 5 2d session 40th Cong. 1867-8.

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In the early seventies the road was graded underthe direction of General John Pope, an appropriationof $15,000 having been made by Congress. In 1889the trees on each side of the avenue were set out bymilitary prisoners under the direction of Captain J.W. Pope, Commandant of the MIilitary Prison. Thisofficer also caused the construction of a brick sidewalkalong the west side of Grant A4venue from the post tothe city. This work was done in 1894 and 1895,just prior to the prison's abandonment and transferto the Department of Justice.

Sheridan's D~rive

This roadway runs along the summit of the bluffsforming the western boundary of the post and is usedexclusively for pleasure. It was constructed by di-rection of General Sheridan and has always beenknown as "'Sheridan's Drive." These bluffs riseabout 200 feet above the surface of the garrison andfurnish a magnificent view of the country and theM~issouri river. Its initial point is almost at the verysouth line of the reserve and ends at its north line,furnishing at the last named point a view of theriver northward with Atchison, a distance of fifteenmiles, in sight. The old town of Weston, Mo., isalmost opposite.

After the drive was constructed, the bluffs werepierced for a railway track by the K~ansas CenstralRailway Company, and to preserve the drive's con-tinuity a clause was inserted in the license grantedby the department providing that the company--

"LBuild a bridge suffciently wide for two wagons to passeach other upon it, over the cut which the company proposesto make through the ridge on the western boundary of themilitary reservation, and do all the necessary grading for theapproaches to said bridge so as to make a good and continu-ous wagon road at that point along said ridge."

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No part of this agreement has been compliedwith by the railroad company. Sirnce then Congressgave a grant to the Leavenworth Northern & South-ern (Santa Fe) Railway Company to pass through thereservation, piercing the bluff immediately south ofthe K~ansas Central cut, but no provision was madefor the construction of a viaduct to permit a con-tinuity of the drive.

A few years ago it was discovered by partiesowning the property adjoining the reserve on thewest that part of the drive was upon their lands. Asurvey was directed by the military authorities andthis contention by the owners cornfir~med. Throughthe efforts of Hon. Charles Curtis, a member ofCongress from the district in which the post is situ-ated, an app~ropriation of $9,300 was obtained forthe purchase of the land which theretofore had beenconsidered as a part of the reserve. It amounted to100.91 acres.

The deeds for these lands are made of record inthe office of the register of deeds for Leavenworthcounty for the year 1902. The parties, together withthe parcels of land purchased from each, are as fol-lows:

Deed from Lorenzo Kern, conveying 14.21 acres.,Deed from John J. Steinbach and wife, conveying 20.35

acres.Deed from Leo Hund and wife, conveying 20.90 acres.Deed from Mike KFern and wife, conveying 35.45 acres.

M~erritt L~ake

Named in honor of Major-General Wesley MRerritt,U. S. Army.

This small body of water was formed by the con-struction of a high wall dam on the west side of thelarge stone culvert crossing Grant avenue over OneMile creek. This stream is formed by two smallbranches coming from opposite directions at the head

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of the lake--mere draws, draining the water fromthe rising ground just beyond. General M~erritt be-lieving that a small lake at that point would aid inbeautifying the grounds, directed the construction ofthe wall to form the dam. When finished the lakewas named in th~e General's honor. Later the lake wasfilled with fish by the state fish commission, and apart of the expense was borne by the officers thenserving at the post. In reality a "stock: company"was created and the right to fish, after a time, wasreserved to these contributors. Eaclh officer wasissued a certain number of shares and these constci-tuted the authority to fish in the lake. A transfer ofsuch shares usually followed on transfer to otherstations. The right to fish was frequently grantedto non-shareholders by those who held the stock.Time, however, has wiped out the shares and author-ity to fish, with a. view of protection to the fish inthe lake, can only be obtained from the post com-mander.

Corral CreekcThis stream crosses Grant Avenue immediately

south of the railway viaduct, from west to east,emptying into the M~issouri River. By other than themilitary it is known as Two M~ile Creek. 1 On all mili-tary maps, however, it is designated as Corral Creek.It secured this last name on account of its passingthrough a section of the reserve for many years used

'It was the custom in all new settlements and particular-ly in a country that had never been surveyed, nor its streamsnamed, to reckon all distances from some particular point orplace. When the post was located distances were usuallyreckoned from the flagstaff and by creeks. It was onlynatural therefore that fir~st creek south of the flag staff, shouldbe called Ouc Mile. While this stream is only one half the dis-tance it answered the purpose. The next stream is about onemile to the south and this was designated Two Mile. Thuswe have Three Mile running through the heart of the city ofLeavenworth. Within the county of Leavenworth they num-bered up to Nine GMile.

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as a mule corral. The organization at the post of ex-peditions in the earlier period of its history requiredthe retention here of thousands of mules for neces-sary wagon trains and a section of the reserve wasnecessary for a corral. It was continued for manyyears subsequent to the civil war, and not until thelatter eighties finally abandoned. As high as threethousand mules could be obtained from the corral atone time, and there were periods when the depotquartermaster was responsible for five thousand head.During pasturage season, and often for the win-ter, large herds were sent to different sectionsof the county where excellent pasturage could beobtained or their wintering provided for. Plattecounty, too, fed many of these herds. They wereusually in charge of men employed for the purposeby the government. It was seldom that the govern-ment lost any of these animals.

DIVISION? IXPuxrchase anld Ltease of L~andas

PLeavenworth Coal Company

Under an act of Congress approved July 20,1868, the L~eavenworth Coal Company was authorizedto purchase twenty acres of land in the south-easterncorner of the Fort Leavenworth reservation.

The boundary lines of thi~s piece of land and theterms under which purchase was made are containedin the act and are as follows:

An Act to authorize the sale of twenty acres of land in themilitary reservation at Fort Leavenworth, Kansas.

Be it enacted by the Senate and House of Reypresenztatives ofthe United States of America in Congress assembled, That theLeavenworth Coal Company, being the successors and assignsof Samuel Denman, William H. Russell, and Thomas Ewing,junior, in the lease aforesaid, sh~all have the right to purchasefrom the United States twenty acres of land lying in the mili-tary reservation at Fort Leavenworth, Kansas, and describedas follows: beginning at the intersection of the south line ofthe reserve and the Missouri river, thence westwardly in aline parallel to the south line of the military reserve, thencesouthwardly in a line at right angles with the south line of themilitary reserve, thence southwardly in a line at right angleswith the south line of the military reserve to the point of be-ginning, the said lines to be run so as to make the form of thesaid twenty acres as nearly square as practica~ble. The saidLeavenworth Coal Company shall pay therefore the sumfixed by the United States district judges of the State ofKansas, the eastern district of Missouri, and the northern dis-trict of Illinois, whose reasonable expenses shall be paid outof anly money in the treasury not otherwise appropriated;and said lease is hereby extended sixteen years from thepassage of' this act.

Sec. 2. And be it further enacted, That upon the pay-ment of the purchase money for the same, the Secre~tary ofthe Interior is hereby directed to issue to the said Leaven-

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worth Coal Company and its successors and assigns a patentfor the above describeda lands, which pa~tent shall also grant; tothe said company and its successors and assigns, the exclusiveright to mine for all coal underlying the lands now comprisedin the military reserve aforesaidl. 1

Approved, July 20, 1868.

Maajor Frederick Hawn, for many years a residentof Weston, M~o., a geologist of considerable note,while engaged as an assistant to Professor Swallowin a geological survey of Platte County, Mao., in 1851,on an examination of his notes, conceived tlhe idea that coal .was underlying the lands of LeavenworthCounty as well as those of Platte. Later MWajorHawn made a survey at his own expense, confirming·his first impression, that coal existed under the Leav-enworth lands at a depthl of 700 feet. Afhter mucheffort he finally secured the organization of a companywith considerable capital to sink a shaft. This com-pany consisted of Thomas Ewing, jr.,2 William H.Russell, Samuel Denman and Major Hawn.

Under the then existing custom the quartermasterof the post, Captain Stewart Van Vliet (November 13,1860) leased to this company, by direction of theSecretary of War (Floyd), a strip of land comprisingtwenty acres, situated in ~the southeast corner of thereservation. The lease was to run for sixteen yearsand authorized the miningf of coal under the entirereservation. For this privilege the company agreedto furnish the government all the coal required at thepost and to pay a royalty of one-fourth cent per bushelon all coal mined. The company was also to have pref-erence for an extension of the -time upon the expiration

1 For discussion of this measure see pp 2681 and~ 39S3, part 4, Congres-sional Record, 2d session, 40th Congress, 1867-8.

2 G-eneral Ewing was a distinguished officer of the Armyduring the civil war. Prior to the war he was a resident ofLeavenworth being a member of the law firm of Ewing,Sherman & Mc~ook. Sherman later became one of the leadersin the civil war and McCook ~belonged to the great fightingfamily of McCooks of Ohio.

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of the original period for which the lease wasgranted. All of the provisiojis of the lease were ac-cepted in good faith by the company, and as anearnest of its purpose, prosecuted the mining opera-tions with vigor, but under very many trying diffi-culties, and at a very great expense. They finally suc-ceeded in striking the coal beds (713 feet) as predictedby ~Major Hawn, having expended the entire capitalof $40,000.

It was then discovered that the lease was invalidbecause the right theretofore exercised by the Secre-tary of War to grant license for the purpose statedno longer existed in the War Department, and whichhad the effect of excluding t~he lessees from furtheroperation on the reservation.

This forced the lessees to appeal to the legislatureof Kansas for assistance to secure for it an authori-zation from Congress to make valid the aforesaidlease. That body, on February 18, 1868, passed ajoint resolution authorizing the purchase of twentyacres, for which the government secured $1,400.

General Merritt, in a special report to the WarDepartment (1887-88), called attention to the rightsexercised by this company, first, by the lease madein 1860, and afterwards under the act of Congress of1868. This privilege, said the General, granted bylease, legalized and extended by act of Congress,expired years since, and the "coal company has in noinstance, so far as can be discovered, observed theterms of remuneration due, under the lease, to thegovernment. "

The matter was referred to the Department ofJustice and suit entered against the company. En-gineers were sent here by the government and athorough survey made of the mines with a view ofascertaining just what amount was due in royalty tothe United States. The controversy was carr~ied on

--6 6 -

for some years, but finally settled out of court.Since that time, it is asserted, the company has notmined under the reservation.

LIeave~nworth City and8 Fo~rt Leaven-worth Water Comnpany

The Leavenworth City and Fort LeavenworthWater Company exists under articles of incorporationgranted under the general laws of incorporation ofthe state of K~ansas in 1882. Its plant is located inthe northeast corner of the twenty acres of landpurchased by the Leavenworth Coal Company fromthe United States, and in? part on lands owned by theUnited States.

The water is forced through settling reservoirsfrom the bank of the river to a main supply reservoiron Pilot Knob, the highest point in this section, fur-nishing a pressure sufficient to reach the highest.buildings in the city.

After a number of years of operation the companyfound it necessary to increase its reservoir capacityand applied to C~ongress for the purchase of ten acresof ground adjoining the coal company's lands on thenorth upon whnich, to place additional reservoirs.The grant was authorized in an act approved June 6,1888.1 The WVar Department was directed to appointa board of officers of the Army for an appraisementof the land.

T~he commission placed an appraisement of $800per acre on th~e land. The company considered theprice set too high and declined to accept it. GeneralMerritt,2 in command of the Departm~ent of theMissouri, thereupon recommended that the companybe permitted to occupy so much, of the lands on the

1For full text of the act see Appendix E.2 Annual Report, 1888.

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reservation adjoining its plant as may be deemed.necessary for settling reservoirs. He suggestedsuch an arrangemen~t be permitted indefinitely andwithout expense for rent to the water company.The General made this recommendation on the groundthat the company is a benefit to the post as well as tothe city of Leavenworth, and because the giving ofland which is necessary for a public purpose free ofrent to the government is better for the interests ofall than to sell, at any price, land which may in thecourse of time be devoted to purposes hurtful to thereservation.

The General did not wish to be understood thatthe purchasers had ulterior designs, but as only partof the purchase was to be used as a reservoir, and asthe lands and water works may pass into other hands,he believed it only fair to the government intereststhat there should be some safeguard against thelands being used for any other than legitimate pur-poses.

The War Department accepted the recommenda-tion of General M~erritt and obtained the passage ofan act, app~rovedi Mlarch 2, 1889, in which the leasewas authorized. (See appendix F.)

Purchaase of L~and

The Army appropriation act for the fiscal yearending June 30, 1910, carries an item of forty-onethousand dollars ($41,000.) to permit the purchase ofthree hundred and twenty acres of land adjoining thenorthwest boundary of the reserve. The requiredextension of the post target range, and the greatrange of the present army rifle, led to complaintsfrom adjoining farmers on account of stray bulletsfalling in their direction. Under these circumstancesit was deemed advisable, rather than risk the dangerof destroying life, to purchase these lands and in-clude them within the Fort Leavenworth reservation.

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At the time of writing this paragraph the pur-chase of the land has not been concluded, thoughnegotiations are pending.

[APPENDIX "LE."]IAn act to authorize the sale of a tract of land in the mili-

tary reservation at Fort Leavenwor-th, in the state of Kansas.B3e it enacted by the Senate and House of Representatives 0]'

the Uni~ted States of America, in Congress assembled, that theLeavenworth City and Fort Leavenworth Water Compan~y, ofLeavenworth, Kansas, a body corporate, organized and~exist-ing under the laws of the state of Kansas, shall have the rightto purchase from the United States, that parcel and tract ofland in the military reservation at Fort Leavenworth, stateof Kansas, bounded and described as follows: Beginning at apoint on the north line of Metropolitan avenue in the exten-sion of said west line, five hundred feet; thence north in theextension of said west line, five hundred feet; thence east par-allel to the north line of Metropolitan avenue, eight hundredand twenty-five feet, more or less, to railroad right of way;thence on the west line of the said right of way, five hundredand three feet, more or less, to the north line of Metropolitanavenue; thence west on the north line of Metropolitan ave-nue, eight hundred and fifty feet, more or less, to the place ofbeginning; containing nine and three-fourths acres, more orless, reserving to the United States or assigns, the coal orroyalty for coal underlaying the same.

SEcTIoN 2. That the Secretary of War is hereby directedto appoint a commission of three competent army officers,which shall, without unnecessary delay, examine and reportthe value of the tract; of land hereinbefore described, and re-port to the Secretary of War. On receipt of said report, theSecretary of War shall forward a certified copy thereof to theSecretary of the Interior and the Leavenworth City and FortLeavenworth Water Company: Provided, that the report ofthe board of army offcers on the subject of the value of theland in question, shall not be operative until the same is ap-proved by the Secretary of War.

SECTION 3. That whenever the Leavenworth City andFort Leavenworth W~ater Company aforesaid, being thusnotified of the valuation of said lands, shall pay to the Secre-tary of War, in lawful money, the amount of said appraisal,and shall notify the Secretary of the Interior of such payment,it shall be the duty of the Secretary of the Interior to cause to

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be issued to the Leavenworth City and Fort Leavenworth'Water Company, a patent to said lands, and on such depositbeing made and notice to the Secretary of Interior being given,the said company may enter upon, possess, use, and occupythe said lands.

Approved; Ju~ne 6, 1888.

[APPENIDIX "CF."]IAa act to authorizle the Secretary of War to lease a certain

tract of land to the Leavenworth City and Fort LeavenworthWater tCompany.

Be it enacted by the Seaate and House of Representatives ofthe United States of Am~ericaL in Congress assemnbled, that theSecretary of War be, and is hereby authorized and directed tolease to the Leavenworth City and Fort Leavenworth WaterC'ompany, the following described tract of land in the milita~ryreservation at Fort Leavenworth, in the state of Kansas.

Beginning at the northwest corner of the twenty acretract of land formerly in the said military reservation, grantedto the Leavenworth Coal Company, by an act; of Congress ap-proved July 20, 1868; runni rg north in extension of the westline of said twenty acre tract, five hundred feet; thence eastparallel to the north line of the said twenty acre tract, eighthundred and twenty feet, more or less, to the railroad right ofway; thence southerly on the west line of said right of way,five hundred and three feet, more or less, to the north line ofsaid twenty acre tract; thence west on the said north line tothe place of beginning, containing nine and three-fourthsacres, more or less, reserving to the United States or assigns,the coal or royalty for the coal, un::erlying said lands, for thepurpose of constructing and maintaining thereon a reservoirand such other works as may be necessary to enable saidcompany to supply the troops at Fort Leavenworth, and itspatrons with pure water: Provid~ed, that the company shallhave the free and uninterrupted use of said tract of land forthe purpose above named, under the direction and control ofthe Secretary of War, so long as it is so used, and that whenthey cease to occupy and use it for such purpose, the leaseshall be null and void.

SECTION 2. That the act of Congress entitled "'An act toauthoriz~e the sale of a tract of land in the military reservationat Fort Leavenworth, in the state of Kansas,"' approved thesixth day of June, anno Domini, eighteen hundred and eightyeight, be, and the same is hereby, repealed.

SECTION 3. That this act shall take effect and be in forcefrom and after its passage.

A~pproved March, 2, 1889.

DI)IVISIONIP XZ

Educational and RgeligiousP~ost Pu~blic School

(District No. 81.)

The educational facilities for the chil~dren of thepost prior to 1901 were quite limited.

The writer, believing the time had arrived whensomething should be done to secure better schoolfacilities, resolved to meet the situation.

Under an act of the legislature of the State ofKansas, approved March 29, 1901, the Fort Leaven-worth Military Reservation was organized as -a sepa-rate school district o~f the County of Leavenworth,conforming in management and support to the gen-eral public school system of the state, the schoolto be maintained only by and with the consent of theUnited States.

On September 15, 1902, Mlr. W. N. T~odd, chair-man of the Committee on Ways and Means of theBoard of Education of the city of Leavenworth, sub-mitted and secured the adoption of the followingresolution:

"6That Regulation No. 7 be amended by adding the follow-ing: Provided, That no tuition shall be charged residents ofFort Leavenworth and Soldiers' Home, in the graded schools.It is the sense of this Board that no tuition be collected fromHigh School pupils, and that pupils of the Fort and Soldiers'Home be considered as resident pupils".

Until the schools of the city of Leavenworthwere opened to the post children in compliance withthe above resolution, all non-resident children attend-ing them were required to pay a tuition fee. Itwas contended that Fort Leavenworth, for all real

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purposes, is a part and parcel of the city. WVhile theresidents of the post were exempt from taxation, theywere brought into close business relations with thecity, and inasmuch as there was no public school atthe post, the doors of the city schools should be thrownopen to them.

In a -paper read -before the Commercial Club ofthe city, in December, 1901, on "Fort Leavenworth:Its Relations -to the Business Interests of the City",the writer was of the opinion that: "'If you desireto retain the friendship of thnese people; if you desireto maintain the closest relations with them, bothsocially and commercially, you should ever be ready.to show them by your actions, and not by honeyedwords alone, that you desire their good will."'

The fight for free schools in the city for the chil-dren of the post became only successful when themembers of the board opposed to the proposition_were refused a re-election and( men chosen whofavored it.'1 Among the latter class was the gentle-man named who submitted the resolution to the board.Pending the settlement of this question the writerconcluded a public school for the post, independent ofthe city, was desirable and obtained the legislationabove referred to.

1 Western Life:-Iln opening the doors of our publicschools to the children of Fort Leavenworth and the Soldiers'Home, on the same footing with the actual resident childrenof the city, the board of education has done a commendablething. It is our duty to cultivate the most friendly relationswith the people of the Fort and Home and every action ofthis character will be viewed in the spirit in which it is taken.

The vote on the proposition was almost unanimousand the people will approve its action.

To Mlr. Henry Shindler much of the credit is due forfinally securing favorable results. He has been endeavoringto obtain this privilege for the past two years. It has re-quired a complete change in the personnel of the board.N~ot another man in this community is so well qualified to dis-cuss every phase of Fort Leavenworth affairs as Mr. Shindlerand the presentation of the facts to the present board, madeup of broad minded men, has been done in a manner that car-ried conviction with it.

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Up to the time of this enactment the reservationhad been divided by the county Superintendent ofPublic Instruction for school taxing purposes, addingthe divisions to adjoining school dis-tricts, thus givingthese districts the benefit of the school taxes paid bythe corpo~rations operating on the reservation whilethe residents of the post were made supplicants forschool benefits. Under these circumstances it wasbelieved that if the legislature would provide a lawcreating an exclusive district out of the reservation,and give the necessary machinery for the manage-ment of such school it would meet local requir~ements.The writer prepared a bill for submission to the leg~is-lature. It was within ten days of its closing session,but the measure was enacted into law before ad-journment. For this legislative effort the creditis due to Senator Louis H[. W~ulfekuhier of Leaven-worth county.

The law which is appended discloses the charac-ter of the machinery provided.

Under the law the maximum levy that can bemade upon the taxable property on the reservation istwo mills, This sum, if requisred, will create a schoolfund of nearly three thousand dollars per annum.T-he post public school is also given its share of theState school fund which amounts to about fifty centsper annum per capita of children of school age livingon the reservation.

The general school laws of the state authorizefree text books where the ~taxpayers so decide and aneffort is being made to secure their consent.

The Fort Leavenworth school law is as fPollows:Be it enzacted by thLe Legislature of the state of Kanzsas:SECTION 1. That the Fort Leavenworth Military Reser-

vation, by and with the consent of the War ~Department ofthe United States, be and the same is hereby set apart, estab-lished and created a school district, to be designated andknown as the "Fort ~Leavenworth school district."

SEc. 2. That the board of county commissioners of thecounty of Leavenworth, Kansas, be and is hereby authorizedand empowered to establish ~ maintain and conduct a commonschool upon the said Fort L avenworth military reservation,the same as other district schools under the general schoollaws of the state; provided that the duties and powers of offi-cers of school districts under the general school laws shall,for the purpose of this act, devolve upon and be exercised bythe said board of county commissioners, which said board ishereby empowered and authorized to llevy a tax each yearupon the franchises and property of railroad companies,bridge companies and other corporations on. said reservation,as may be deemed necessary, to establish, maintain and con -duct said district school not to exceed in an-y one year themaximum rate authorized by law to be levied by the trusteesof other school districts within said county and state, andProvided fur-ther, That no part of the taxes so levied or col-lected shall at any time be used in the erection of a schoolbuilding or buildings upon the said military reservation, andsuch moneys shall only be used and expended in establishing,maintaining and conducting a common school or schools uponsuch reservation,; in such building or buildings thereon as maybe provided by the War Department or the Department ofJustice, for the use of which may be permitted or authorizedby the commanding officer in charge at Fort Leavenworthilorby the warden at the Federal Prison at said Fort Leavenworth.

Suc. 3. That for the purpose of listing, assessing andvaluing the franchises and property of railroad companies,bridge companies and other corporations on said reservation,and in order that the taxes for school purposes may be leviedand collected thereon, it is hereby made the duty of revenueofficers of the state or the county of Leavenworth, as the casemay be, according to the class or character of the franchise orproperty to be taxed for the purpose of this act, to do andperform whatever acts or things are or may be necessary tobe done or performed, to all intents and purposes the same assuch officer or officers are or may be required by law to do orperform under the geneial school laws of the state, and tothe same extent as if such franchises and properties were notsituated upon the Fort Leavenworth Military Reservation;Provided, That the franchises and property of the railroadcompanies, bridge companies and ot her corporations so taxedunder the provisions of this act shall not be liable for schooltaxes in any other school district; and, Provided further, That

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the county treasurer or the county of Leavenworth shall beex officio treasurer of the said Fort Leavenworth districtschool.

Sxc. 4. A school census shall be taken, as reqluired bylaw, of all children of school age situated, living or residingupon said military reservation, and for the purpose of this actsuch school census shall be taken by the superintendent ofschools in and for the said county of Leavenworth, a copy ofwhich shall be kept on file in his office, and he shall file a copythereof with the state superintendent of public instruction, asreqluired by law, under the general school laws: and any andall moneys apportioned by the state to the county of Leaven-worth or the district schools therein shall be so apportionedthat said Fort Leavenworth district school shall have and re-ceive its just proportion thereof, which amount shall be paidinto the hands of the county treasurer of Leavenworth countyfor the use and benefit of said school district.

SEc. 5. All acts and parts of acts in confict with this actare hereby repealed.

SEc. 6. That this act shall takze effect and be in forcefrom and after its publication in the official state paper.

Published i~n official state paper· March 29, 190 Olr~'For the general school laws of the state as affecting the

Fort Leavenwort~h District School see Compilation by HenryShindler, 1906.

RelligiouasSt. Ignatius'' Chapel

This catholic church edifice was erected under alicense granted June 27, 1889 and in terms is as fol-lows:

"The Right Rev. Louis M. Fink as Roman Catholic Bishopof the diocese of Leavenworth and successors, Bishops of saiddiocese, are hereby granted a license, revocable at will by theSecretary of War, to ereci-,iupd construct or cause to be con-structed, for the use of -the Roman Catholic Church at FortLeavenworth, Kna,,~rn a tract or lo~t of land two hundredfeet sqyuare being part~ of the United States military ·reserva-tion at Fort Leavenwvorth, Kansas, and situated in, and beingthe southeast corner of the vacant lot which lies just tothe south of the post hospital in said reservation, and beingbounded on the east by McClellan Avenue, and on the southby Pope Avenue, a church edifice, 45 by 95 feet in dimensions

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for the purpose of divine worship, according to the rites ofsaid church, and a school house 25 by 50 feet in dimensions,and no other building or bui~ldings whatsoever (the formerlicense granted by the Secretary of War, January 24, 1888, tothe said Louis M. Fink, being hereby revoked) upon the fol-lowing provisions and conditions:

1. That the Un~ited States shall not under any circum-stances be required or expected to buy any structure or build-ing erected upon said tract of land under the authority of thislicense.

2. That any sum which may have to be expended afterrevocation of this license, in putting any premises or proper-ty, hereby authorixed or used, in a good condition for use bythe United States as it is at this date shall be repaid by saidlicensee or licensees."'

The corner stone was laid August 17?, 1889 anddedicated December 22, 1889. Bishop Fink of theCatholic Diocese was the functionary on this occas-ion .

The above license is in lieu of a license grantedin 1870 in response to the following appeal:

LEAVENWORTII, KANSAS,December 10, 1870.

To His Excellency,Thze Secretary of" War,

Wa~shinzgton, D. C.Sir :

I beg leave to expose to your excellency that there is aconsiderable number of Riom~an Catholics at Fort Leaven-worth, Kansas, to whom I: consider it my duty to give thefacilities which all Christian denominations give to their mem-bers~.

Thus far it has not been possible to obtain a place orchapel exclusively dedicated to Catholic worship, which is agreat inconvenience, not only to the clergymen who appointdays to officiate at the fort, but also to the members of thechurch. To obviate all difficulties, I take the liberty to askthat a piece of ground at or near the fort be set apart, andthat the Ibuildin~gs erected thereon be for the exclusive use ofRoman Catholic worship

Hoping that my petition will be favorably considered, Iremain, of your excellency, the humble, obedient servant,

(Signed) JOHN B. MIEG:E,Bishop of Kansas.

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The proposition had the strong support of Gene-ral Jo'hn Pope and consent was given by the War De-partment. (See "Union Hall" in this division arnd"Pubalic Worship at Fort Leavenworth" by HenryShindler, 1906.)

Tkhe P~ost ClhapelThe present Post Chapel was erected in 1878

under the supervision of the late Colonel Asa P. Blunt,commandant of the United States Military Prison,with the labor of prisoners. The corner stone waslaid M~ay 5, 1878, by Bishop Vail of Kansas, in thepresence of many distinguished army people. Thefirst services were held therein N~ovember 28 of thatyear by Post Chaplain the Rev. John Woart.

A Y. M. C. A. ]Buildinzg.License granted by the Secretary of War October 23, 1905,

to erect a, building under the act of Congress approved May3, 1902.

(Dedicated October 23, 1907.)

An agitation in favor of the erection of a buildingat Fort Leavenworth suitable for the purposes of theArmy Young Mden's Christian Association was under-taken by Chaplain John S. Randolph, 6th UT. S. In-fantry, during his tour of duty at the post between1902 and 1905. Before being able to make a successof his work his regiment was ordered to the Philip-pines. H-is successor, Chaplain John TS. Axton, 18thInfantry, upon assuming his duties at the post in theearly part of February, 1905, realizing the necessityfor a building of thre kind referred to, set to workalong his own lines, and by the latter part of Marchhad the assurance from the International Comnmittee ofthe Y. M~. C. ~A., that Mliss H~elen? Miller Gould wouldagree to furnish the means with which to erect abuilding and furnish the same at a cost not to exceed$50,000. Chaplain Axton's efforts had the official

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endorsement of General J. F. Bell, commandant ofthe service schools and of Colonel Chas. B. Hall, 18thInfantry.

Upon the assurance that the money would befurnished authority to erect the building on the reser-vation was obtained. October 23, 1907, the edifice,a most beautiful structure without, and handsomelyfurnished within, was dedicated with ceremonies duethe donor and befitting the purpose for which erected,and were attended by Mliss Gould. Addresseswere delivered by Governor E. W. Hoch of Kansas,Brigadier General Chas. B. Hall, Rev. Chas. M.Sheldon, author of '"In His Steps," and WilliamB. Millar, International Secretary of the Armyand Navy Department of the Y. M. C. A. Additionalceremonies were conducted in the evening exclusivelyfor the enlisted men. M~iss Gould was the guest ofhonor, and received from the thousand and more menpresent a welcome she will always rem~ember.

To Chaplain Axton belongs the fullest credit forthe success achieved in this work. He zealously as-sisted in planning and then watching the work ofconstruction, and remained at the post long enoughto realize to the fullest extent a long cherished hopeand a meeting of every expectation when the greatwork was undertaken.

Since the banners of the Young Mens' ChristianAssociation have always been d~edicated to virtueand not to creed, and its methods of work have beenalong sane and practical lines, Miss Gould's gift hasbeen a very great contribution to the moral and re-ligious welfare and the contentment of the enlistedmen of the garrison.

1Pope Hall

This amusement hall was dedicated in the fall of1894' and named in honor of Captain James W. Pope,

1 This distinction fell t~o the 20th Infantry.

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Assistant Quartermaster, U. S. Army, commandantof the U. S. M~ilitary prison from January 1, 1888,until June 30, 1895.

The building was erected according to plans pre-paired by this officer with the labor of prisoners.Its entire cost was within the sum of $5,000 which thewar department allotted for the purpose. Mlost ofthe raw material was ackquired from the quarriesand timber on the reservation.

U~nion HQall

This building was constructed in 1871 for a Catholicchurch for which authority was granted by the WarDepartment. Later, as the ground was desired forother purposes, the War Department paid $11,000for the property, including a school burilding sinceremoved, and authorized the construction of anotherchurch on a new site,- situated at the south-westcorner of Pope and McClellan Avenues.

Upon the arrival at this post in 1894 of the 20thInfantry, permission was given by its commandingofficer to permit two "'garrisons" of the RegularArmy and Navy Union to hold its meetings thereand from that time the name of Union Hall wasgiven it and under which it is now known.

[APPENDIX "G"]An act, for the authorizat~ion of the erection of buildings

by the International Committee of. Young Men·'s ChristianAssociation on military reservations of the United States.

Be it enacted by the Senate and Hlouse of Rerpresenztaxtives ofthe United States of America in, Congress assembled, Thatauthority is hereby given to the Secretary of War, in his dis-cretion, to grant permission by revocable license to the In -ternational Committee of Young Men's Christian Associationof North America to erect and maintain, on the military reser-vations within the United States or its island possessions, suchbuildings, as their work for the promotion of the social,physical welfare of the garrison may require, under suchregulations as the Secretary of War may impose.

Approved May 3, 1902.

[APPENDIX "LH".]

The Altar Guld

Army C:haplains have ever found more or less diffticultyin securing ample funds with which to supply the parapher-nalia for an appropriate observation of church ceremonies,and to make the Chapel auditorium attractive to worshipers.

The women of Fort Leavenworth, appreciating theseneeds, organized an "Altar G~uild"~ a year ago. Its first reportby the president Mrs. Lucille R. Arnold, the wife of CaptainSamuel B. Arnold, 1st U. S. Cavalry, has just been made publicby Chaplain Henry Swift, 13th Infantry. It makes a splendidshowing and is deemed of sufficient interest, for future re-ference to give it place in these pages. It will be an inspira-tion for the good women who in due course must take theplaces of those now here.

FORT LEAVENWORTH, KANSAS,June 5, 1909.

To the Post Chaplainand Members of the GarrisonL:

As President of the Altar Guild I wish to submit thefollowing report of the Guild for the past year, prefaced by afew remarks in regard to the events whichi led to its organiza-tion which seem necessary in order to explain its work.

In- the absence of a regular Post Chaplain-in February,1908--the Chapel came under the voluntary charge of ChaplainH. Percy Silver, the Episcopal Chaplain on duty at the Mili-tary Prison. Through his efforts, the Chapel was put inthorough order; the Chapel itself, carpet, and all tablets andbrasses thoroughly cleaned; the Font removed to its properposi tion at the entrance of the Chapel, where a proper settingwas made for it; an Altar arranged; numerous gifts andrmemorials were donated to beautify the Chapel, and the in-terest of a number of ithle women aroused in thatt part ofchurch worki which is· distincit~ly their pro~vince.:

The -Chape~l. bie~ing entr~ely without hangings and ffn~iens(,this, the 'f1rstt~o ~ 8 xyundert~aken. iYi 1M:rs.~jsD

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Rhodes, who, with some assistance from a few of the womenof the Post, made a co-mplete se~t of white and green hang-ings, with book markers for each and some linens, and forseveral months she, and the Misses Halll, did all the necessarywork about the Altar.

As the property of the Chapel increased, it seemed advis-able to have some regular organization to see that; this prop -erty was properly cared for, and to continue the work alreadystarted.

To this end a meeting was called of those women most in-terested, at which Chaplain Silver presidied, and the details ofsuch an organization were arranged. At a subsequent meet-ing, on June 29, 1908, the G~uild was organized under the nameof the Altar Guild of the Post Chapel, and certain regula-tions .adopted, the object of the Guild, as stated therein,being:-"lto care for the Altar and all things pert~aining there-to; to provide flowers for the Altar, and to hold as custodiansall gifts and memorials, and to be responsible for their properuse and care."

It is intended that the G~uild shall be self -perpetuating--doing the work of the chapel at all, times according to thewishes of the chaplain in charge. Members m~ay be of anydenomination .

The original Guild consisted of nine members:Mrs. Charles D. Rhodes Mrs. M~arie L. SnyderM~rs. George E. Stockle Mrs. E. R. GibsonMiss H~appersett Mrs. LeRoy El~tingeMrs. S. B. Arnold Mrs. J. C.) Raym~ond

Mrs. 0. L;. Spaulding

of whom Mrs. Arnoldl was elected president and Mrs. Eltiugesecretary and treasurer.

During the summer the work of the Guild was limited,owing to the absence of most of the mnembers, but those re-maining attended to all services, and the 1st: of September theregular work was begun, Chaplain Silver formally turningover to the care of the Guild the following gifts and memorials:

PRESENTED BY

Brass Cross ,.......3d Squadron, 13th Cavalry.Brass Book Rhest......3d Squadron, 13th Cavalry.

taif~a Prayer Book.....3d Squadron, 13th Cavalry.B~i~asVases ........ 13t~h Infantry.Brass-Altar Rail ...... Staff' Class-Class of 1908.Br~asq Pra~ryey Pesk .. .. ,. Facult~y and Line Class of 1908.]Brasq j .. . .. Mrs. Charles M1\cK. Saltzinan.%redbkrc6 Tficlae -'~ :. iM~rs; S. B.'Arnold,

IE~ont Cover.F........ort Leavenworth Branch ofWomans' Auxiliary, Easter,1908.

Bible ............ Sunday School, Easter, 1908.Altar Hangings, Prayer Books and Hyrmnals.

To which have since been added:Prayer Book .. ... Sunday Sch-ool.Candlestick s ....... S unday Scho ol, Easter, 1909.Font Ewer .. ..... Fort Leavenworthh Branch of

WMomrans' Auxiliary, Easter,1909.

In October, Chaplain Henry Swift took: charge of thechapel, since which time all \ork has been done by his au-thorit~y and wyith his approval, while the Gulild also continuedto assist Chaplain Silver as much as possible with his work atthe prison as long as he remained in the post.

Regular monthly meetings have been held, at which theSecretary and Treasurer's reports have been read, subjects ofinterest to church people have been discussed and all arrange-ments for work have been made.

During the past, year this work has consisted of thecare of the altar, sacred vessels, linens and memorials, thefurnishing of flowers and candles for the altar, the attendanceof some member at all services, the entire care and cleaningof the chancel, a general supervision of the cleaning of thechapel and the refurnishing of the vestry room.

For convenience in the vestry room the Guild furnished:A washstand, for which Mrs. Pond donated a toilet set; atable; proper utensils for cleaning the sacred vessels; allcleaning implements and materials, and designed a book casewith closets at each end for vestments and cleaning materials,and a chest with compartments for all linens, hangings andmoveable brasses when not in use. These latter the quarter-master kindly had made.

At the suggestion of the G~uild, which met with most cor-dial response, most of the flowers for the altar have beengiven as memorials by members of the post, they choosingtheir own dates. W~hen not so donated the G-uild has fur-nished them, so that the altar has never been without themon Sundays and feast days.

Until March, the services at the prison and post chapelswere at such hours that the flowers could be used at bothplaces. .Since then this has been impossible and flowers havebeen sent to the Prison chapel only on those Sundays when

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Chaplain Swift has had a celebration of the Holy Communionthere .

All flowers used on the altar are sent to the sick, usuallyto the Prison hospital.

The following needlework has been completed for thePost Chapel:

Purple hangings and book-markersRed hangings and book-markers

Complete set of linens, consisting of-Fair linen cloth Credence coverLinen veil Three purificatorsBurse PallCorporal Two vestry credence cloths

Chalice veilAll made by hand and embroidered.For Chaplain Swift:

One surplice and one stole.For Chaplain Silver:

One cassock, one stole, one set of alter linen likethe above without the credence cloths, and twosets of book markers.

The mending and care of all vestments.The G~uild wishes to ta~ke this opportunity of acknowledg-

ing with thankrs, the bag for carrying the linens, made anddonated by Miss Mary Stockle, and the special Easter dona-tions which enabled them to get the materials for the redhangings and a few necessary articles for the vestry room.

Vacancies have been created by the resignations of Mrs.Rhodes and Mrs. Raymond, owing to their departure from thepost, and of Mrs. Snyder and IMiss Happerset~t. These havebeen filled by Mrs. R. J. Burt, Miss Mary Fuller, Mrs. F. L.MILunson, and Mrs. Charles Gerhardt, while there are at presenttwo associate members, Mrs. G. P. Pond and Mrs. A. W.Bjornstad, there being allowed three associate members, fromwhich vacancies in the regular Guild are filled.

Enclosed please find Treasurer's Report of receipts andexpenditures.

LUCILLE R. ARNOLD,Preside~t .

Tkhe Post HospitalThe present hospital was erected under an origi-

nal appropriation of $60,000, though twice that sumhas been expended in enlargments alone to providethe capacity needed for a garrison of 3000 men.

The present Surgeon General (Geo. H. Torney)while serving at the post in 1899, initi~ated the move-ment for the construction of a 100 bed hospital, call-ing for $100,000 to meet the cost. He readily enlistedthe citizens of Leavenworth and with the supportfrom Congressman Chas. Curtis of the first Kansasdistrict, backed with the additional endorsement ofSurgeon General Steinberg and the approval of theSecretary of War, Hon. Russell A. Alger, the HouseCommittee agreed to the appropriation. It hadalready formulated its military expenditure bill, butreadily consented to increase the item for "repairsand construction of hospitals" to $250,000. Thelocation was omitted to avoid opposition in the Helouse,but with the distinct understanding that if the meas-ure became law the $100,000 should be used for thehospital.

Upon the adjournment of Congress it was foundthe money was not available, on the ground that theauthority to construct new hospitals was limited to$25,000 unless Congress specially designated the postwhere such construction should take place. Thiscaused delay and proved -disastrous to the appropria-tion. It became necessary to secure the passage ofa joint resolution to enable the department to availitself of the money. The House refused to agree to

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the resolution unless the sum was cut down to $60,000.Congressman Curtis protested ag~ainst this reduction,but it was either that sum or nothing. Rather thanmeet with failure entirely, he acted with his usualdiscretion--and accepted the amount offered.

The reduction was due to a recommendation ofthe Surgeon General suggesting that only $60,000 bemade available, a sum he deemed sufficient.

Since the completion of the hospital a right andleft wing have been added at a cost of $50,000, andan addition to the kitchen and dining hall at a cost of$40, 000. Notwithstanding these additions the capacityof the hospital is still inadequate to meet the con-stantly increasing demand for room, and at this timeanothor addition is being made to the hospital to cost$20,000, aside from a separate building for an isolationward to cost $15,000.

Post Steam Laundry

The Post Steam Laundry at Fort Leavenworth was openedfor business September 1, 1905.

The idea of establishing a post steam laundry wasfirst suggested by Colonel John Van R. Hoff, Medic aCorps, who was post surg~eon, in an official communi-cation dated January 15, 1903, recommending theestablishment of a laundry in order to reduce to aminimum the liability of contracting infectious dis-eases. In addition to this, he stated that such laundrywould be a great convenience to the big command andshould materially reduce the cost of laundry workfor officers and enlisted men of the garrison. In anendorsement on this p~aper, the Quartermaster Gen-eral recommended that a revocable license be grantedby the Secretary of War to any parties who mightcare to undertake the establishment of a laundry inthe post. As the post authorities deemed it inadvis-

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able to have the laundry operated by private persons,no action was taken on this recommendation.

General J. Franklin Bell, U. S. Army, assumedcommand of the post and Army Service Schools July1, 1903, and he at once took up the proposition ofestablishing a laundry where his predecessor left off.Captain E. E. Booth, 7th Cavalry, having had someprevious experience in conducting a steam laundry,was directed by General Bell to submit plans andspecifications in detail for a laundry of sufficientcapacity to do the work for the enlisted men and offi-cers, their families, and civilian employes of thepost, providing sufficient capacity to meet probablefuture increases in the size of the garrison.

There were no funds with which to buy the ma-chinery and install the plant, so various schemes wereconsidered for raising the necessary funds for thispurpose. The question of the Post Exchange in-stalling and operating the laundry was discussed,but after a great deal of consideration it was finallydecided that it would probably be better not to havethe laundry a part of the Post Exchange. The costof the laundry would be so great that it would beexceedingly difficult for outgoing organizations todispose of their interests to incoming organizations.In addition to this, it was deemed inadvisable to havethe laundry operated with a view to paying dividends,which would be the case if it were a part of the PostExchange. It was thought that the laundry shoulddo the washing for the entire garrison at as near costas practicable.

Permission was obtained from the QuartermasterGeneral to use the building NJo. 53, Scott Avenue, forlaundry purposes. This building had been used foryears as the post commissary and considerable altera-tions were necessary. The building was finally vacatedand prepared for the laundry in the summer of 1905.

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No means having been devised for raising the fundswith which to start the plant, General Bell directedCaptain Booth to proceed to Chicago and endeavor toarrange with some laundry machinery house to installthe plant, accepting payment therefor in monthly in-stallments. Such anm arrangement was made withthe Nelson & Kreuter Laundry Mdachinery Co. Theplant was installed and commenced operations Septem-ber 1, 1905.

The original cost of the laundry was approxi-mately $12,000.00. Between that time and July, 1909,machinery costing approxaimately $7,000.00 was ad-ded. This additional machinery was necessary tohandle the increased business.

During the summer of 1909, a building was con-structed near the laundry building, in which was in-stalled a modern steam and dry cleaning plant.

The cost for laundry work for the enlisted menand officers is about fifty per cent of that formerlycharged by commercial laundries. With these chargesthe plant has paid off about $15,000.00 of its in~debt-edness in four years.

The Fort Leaven~worth McessThe Fort Leavenworth Mless or "club"~ was 'es-

tablished in March, 1877. Its membership is com-posed of commissioned officers of the "'armed forces ofthe United States."'

The first presiden~t of the mess was GeneralAlexander MVcDowell McCook, and its first secretaryLieutenant J. V. S. Paddock, 5th Cavalry.

The building occupied by the club was built forofficers' quarters about the time of its organization.In the absence of a suitable place for the club the~War Department authorized the newly constructedbuilding be used for the purpose.

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On account, of the large number of transi~entofficers at the post it became necessary to provide ad-ditional accommodations, and later was extended bythe construction of an annex to the west.

To permit the building to be lighted by electricity,the War Department granted a license to the messfor the erection of poles and hanging wires thereon

'to carry the current from the United States peniten-tiary to the club house. The grant was made Febru-ary 15, 1898, and lighting continued by electricityfrom the prison until the United States began to lightall the public building with electricity. This occurredin 1904.

Following is a list of officers who served assecretaries of the mess, succeeding Lieutenant Pad-dock:

Lieutenant A. L. Wagner, 6th Infantry; Lieuten-ant Sebree Smith, 2d Artillery; Lieutenant FrankTaylor, 14th Infantry; Lieutenant H. A. Reed, 2dArtillery; Lieutenant W. N. Hughes, 1_3th Infantry;Lieutenant C. J. F. Clarke, 12th Infantry; LieutenantC. W. Penrose, 12th Infantry; Lieutenant W. P.Burnham, 20th Infantry; Lieutenant A. L. Mills, 1stCavalry; Lieutenant G. C. Barnhardt, 6th Cavalry;IMajor D. E. McCarthy, Quartermaster; Captain W.L. Simpson, 6th Infantry; Captain W. A. Cavanaugh,6th Infantry; Captain E. R. Stuart, Corps of En-gineers; Captain H. C. Schumm, Art~illery Corps;Captain F. H. Lawton, Commissary of Subsistence;Captain Peter Murray, 18th Infantry; Captain A. E.Clark, 18th Infantry; Captain J. R. Lindsay, 13thInfantry.

The Post Office(Established May, 1828)

For one year subseqluent to the establishment ofthe post the mail was, furnished from the office at

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Liberty, Mlo. For some months deliveries were madeonce a week by mounted carrier, and then changedto a tni-weekly service by "hack", the commercialinterests of the frontier town finding this a necessity.

This office continued to do business withoutinterruption until July 31, 1868, when it was dis-continued and not again reopened until April, 1869.

It was not until Octobser 19, 1_841, that the nameof the office was changed from "Cantonment" to"Fort", although the War Department authorized thechange in 1830.

The following named persons served as post-masters :

Philip G. Rand, May 29, 1828T~homas S. Bryan-t, October 16, 1828R. P. Beauchamp, Augfust 5, 1829Alexander G. Morgan, July 8, 1831Joseph V. Hamilton, April 3, 1838Albert Wilson, December 5, 1839Hiram Rich, October 19, 1841Andrew G. Ege, March 12, 1862Edward Fenlon, May 19, 1862Elizabeth Graham, March 20, 1865Edward Fenlon, August 8, 1865Mayer B. Haas, May 14, 1866Michael L. Dunn, August 10, 1866David L. Payne, March 19, 1867Michael L. Dunn, July 20, 1867Clara L. Nicholas, April 15, 1869Laura Goodfellow, March 21, 1892Guy A. Swallow, March 1, 1909, to date

The actual date upon which the post office wasdiscontinued is August 6, 1868, and until April, 1869,the mail matter of the post was served by the Leaven-worth city office.

The Statuae of General U. S. GrantaThe right to erect a statue to General Grant at

Fort Leavenworth was authorized in a license issued

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by the Secretary of War to the Grant MonumentCommittee, February 6, 1886. T'he statue was un-veiled September 14, 1889.

The suggestion to erect such a statue was madeby the writer to the late Dr. Morrison M~unford,editor and publisher of the Kansas City Times, a fewdays following the death of General Gbrant in 1885.The timeliness and feasibility of the project andparticularly the location so appealed to the editor,that on the morning followinlg its submission TheTimes contained a strong appeal to the public toassist in carrying the suggestion into effect.

Referring to the location the Times said:"No place could be so fitting for a monument as

Fort Leavenworth. N~ext to WVest Point it is themost conspicuous army post or I-)eadqiuarters in thecountry. The eligible grounds and the beautifulsite would be a fitting place for the monument ofthe greatest g~eneral."~

While en route from Fort Reno, in camp at theCantonment on the North Canadian, the news flashedover the wvire of General Grant's death at MountM~cGregor, N. Y. Before reaching home the writerevolved a plan for the erection of a statue to GeneralGrant at Fort Leavenworth and the ways throughwhich to secure the means to carry it through suc-cessfully.

The writer was, on his return from a journalisticmission to the Indian territory, the guest of GeneralNelson A. M~iles, who had just assumed command ofthe Department of the M~issouri, and the plan wassubmitted to him for an opinion. He regarded it asan excellent one and urg~ed that it be taken up atonce.

Within two weeks a meeting was held at GeneralMiles's headquarters composed of the governors ofsevekral states, distinguished officers of the army and

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other public officials. It was proposed to raise a fundof $25,000 and the Grant Monument Committee wasformed with General Miles as chairman. Subscrip-tions to the fund came in rapidly but soon fell off andwithin a few weeks ceased entirely, the sum of $4,370.43 having in the' meantime been collected.

Early in 1886 General Miles was ordered toArizona. Other officers who became identified with themovement were transferred to widely separated sta-tions, and interest in the monument appeared to fallaway entirely. The funds were placed on deposit inthe First National Bank of Leavenworth, and withinthe succeeding period befor~e the final erection of thestatue, were augmented from interes~t on the prin-ciple by $464.43, making the total amount available$4,834.86.

It was the good fortune of those interested inthe erection of this monument to have Captain WN. R.Hodges, a member of the firm of Hodges & McCarthy,monument builders, St. Louis, M~o., visit the postin the summer of 1888 to attend the second annualbanquet of the Military Order of the Loyal Legion,Commandery of Kansas, that gentleman being theRecorder of the M/issouri Commandery. It was during-this visit that Colonel James P. Mlartin, AdjutantGeneral of the Department of the M~issouri, and Re-corder ofE the Kansas Commandery, took up the statueproposition with Captain Hodges. Colonel Martinbelieved that if a statue fitting to the Generalcould be secured for the money in hand CaptainHodges would do so. After considering the subjectCaptain Hodges informed the members of the Mlonu-ment Committee that if the young American artist,Loredo Taft, just returned from Paris, could be en-listed he would give the donors to the monumentfund a statue worthy of the General and the country.Mr. Taft readily gave his consent.

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In due time Mr. Taft furnished the committeewith a photograph of the prepared model and this,with some suggested modification, was accepted. Thephotograph is in possession of the writer togetherwith M~r. Taft's note on the reverse written in pencil.

The statue was completed in the summer of 1889`and its unveiling took place in September of thatyear. It was at first proposed to place the statue ina triangle at the head of Grant APvenue and for thispurpose three portals were designed, one for each ofthe three sides, but General Merritt caused the pointto be changed by placing the statue directly in thecenter of Grant Avenue so as to give a free viewtowards the south along its entire length. With thetriangle eliminated, the portals were set around thecircle or base of the statue.

The unveiling ceremonies were of a most impos-ing character. Ten thousand people attended them.The following lines, heading the story of these cere-monies in the Kansas City Times on the followingday may give the reader an idea of their extent:

Unveiled.-The Memory of G~rant H~onored.--A NotedStatue of the Gtreat Leadaer Dedicated. -Representatives ofthe Whole Missouri Valley P~resent.-Northerners and Men ofthe South Alike Show Rtespect.--The Gtathering at FortLeavenworth Wo0rthy the Occasion--General Merritt Re-moves the Draperies Among Silence.-All More than Pleasedwith the Magnificent Creation.--Senator Ingalls Delivers theFirst Formal Address.-General Blair Pays Tribute to the Re-nowned Dead.--The Hon. Geo. R. Peck Closes with a G~low-ing EulogiUm1.-ACll the Ceremonies Such as Well Befitted theOccasion.-K~ansas City's Mayor and Council Welcomed byLeavenworth's Offcials.--The Parade in the City.--History ofthe Monument.--The Sculptors.

Under date of September 17, 1889, the writer re-ceived a note from Captain Hodges from which thefollowing extract is taken.

"LI desire to thank you most cordially for the generousmanner in which you have dealt with our firm and myself, in

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your superb account of the G~rant Monument. I am especiallypleased that you called attention to the insignificent sum forwhich the work was done and that I fully redeemed everypledge made. Mr. Taft did a noble work and I am glad thatyou give him so full recognition. Your paper deserves thegratitude of the people for the impetus given to the move-ment wh~ich resulted in the erection of the statue, withoutwhich it would never have been accomplished, and a mostimportant factor in achieving success was your own intelli-gent and enthusiastic efforts."

The 1Financial Statelment

Total amount contributed, - - $4, 370.43Interest from First National Bank - $464.43

Total. received, - - $4, 834. 86Expended for cement, - - $38. 50Postage, - - - - -$47.75

Paid Hodges & MIcCarthy: $4,791.61In order that the above sta-tement relating to the

cost of the statue may not be deemed unbelievable,the writer sent the entire story of the statue to Cap-tain Hodges that he may verify what has been saidconcerning his connection pith the matter. The fol-lowing is an extract from that rep~ly:

"I do not recall the date, but my recollection is thatitwastwo or three years after the death of General Grant;, I was atFort Leavenworth and my friend, Colonel James P. Martin,told me of the money raised for a memorial and of the amounton hand, and asked what could be doent with it. I promisedto look into the matter and let him know later. I knew thatLorado Taft, a young sculptor of promise, had returned fromParis. I presented the subject to him, saying that with thefunds on hand, all of us would have to work for the love webore to the great general, but that the reputation he wouldgain would compensate him. He agreed to furnish the model,have the statue cast in bronz;e for the actual cash outlay. I

explained to Colonel Martin that I could erect a statue upon agranite pedestal, etc. ,for the su~m raised, plus accrued interest,and the contract was awarded to my firm and the statueerected and everyone was satisfied with the result. It was asyou say, the first statue, and I believe the first memorialerected to G~eneral Gtrant."'

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The greater share of the contributions camefrom the officers, soldiers and quartermaster em-ployes of the United States Army in the west.

U.T S. TLeavenlworth ArsenalDuring the M/exican War an Ordnance Depot was

established at the post and discontinued in 1849. 'In 1855 the clhief of ordnance urged the esteab-

lishment of a small arsenal at this point and. theabandonment of the depot at Liberty, M~o. 2 He re-garded that point as entirely out of position and use-less for the service. The removal westward of thecountry's military operations made this change anabsolute necessity. He had for some years enter-trained this opinion and this view was confirmed inthe fitting out of the Harney Sioux expedition. Tohim, Fort Lteavenworth presented the only feasablepoint to meet the then existing situation. In themeantime he directed an officer of his corps to makethe preliminary inspection an~d examination.

In 1858 the Secretary of War authorized the es-tablishment of a small ordnance depot. This, thechief of ordnance reported in October, 1859, was be-ing enlarged by the erection of a permanent store-house and magazine, and from them grew the Arse-nal, which was -first recognized as such in 1860.

The grounds set aside for the Arsenal comprisedabout 138 acres, southeast of the post and adjacentthereto. The present limit~ations of the "college sec-tion" are those of the arsenal grounds, with OneMi~le creek as the southern boundary. From 1861 to

'A large room of the old post headquarters building stand-ing at the northwest corner of Kfearney and McClellan ave-nues was used for a storeroom, and the mags2ziiie stood nearthe center of Sumner place. Captain Wi7n3. F. Shoemaker,ordnance storekeeper, was in charge in 1848, and 1849. Thissame officer for many yrears was in charge of thle Arsenal atFort Union, New Mexico.

'See appendix "'I."'

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1873 this arsenal was operated as a small "arsenal ofconstruction," many ordnance stores being fabricatedand purchased.

The buildings were of the most substantial char-acter. The residence now occupied by the comman-dant of the service schools was that of the comman-dant of the arsenal; Sherman and Sheridan hallswere the two storehouses. The building for so manyyears occupied as the quartermaster's office was thebarrack for the ordnance detachment of~ thirty fivemen. At the intersection of Scott and Pope avenues,was a massive iron gate, the main entrance to thegrounds, and to the left stood a small two story guardhouse built of brick and stone.

From the date of its establishment to its finalabandonment, a total of eighty thousand four hundredand ninety-seven dollars and forty cents ($80,497.40)was especially appropriated for the arsenal to carryon permanent improvements, and the developmentand fitting up the grounds cost a total of two hundredand twenty-one thousand, one hundred and three dol-lars and seventy cents ($221,103.70).

The amount, in addition to the first named sum,was expended from the appropriations for "repairand improvements at arsenals."' In these approp~ria-tions is included twelve thousand, nine hundred andfifty dollars ($12,950.00) for the magazine now stand-ing near the south limit of the college section, andfifteen thousand dollars ($15,000.00) appropriated bycongress for the construction of a road from thearsenal to the city of Leavenworth. This improve-ment was made in the early seventies and is the pres-ent Grant avenue.

In view of a recommendatioan made tlo the Secre-tary of War by a board of army officers that thearsenal be discontinued and the buildings turned overto the Quartermaster Department, on February 2,

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1874,1 an order for such discontinuance was issuedand all stores transferred to the Rock Island Arsenal.This was finally accomplished M~ay 27, 1_874. 2

Below is a list of the officers of the OrdnanceDepartment who have commanded the arsenal duringits existence:

Lient. S. C. Symmes, June 2, 1859, t~o January 20, 1860.Lieut. J. W. Sill, January 20, to July 19, 1860.Capt. P. V. Hagner, July 19, 1860, to April 22, 1861.Capt. J. L. Reno, April 22, 1861, to December 6, 1861.Capt. and Mlaj. J. McNutt;, Dec. 7, 1861, to Oct. 1, 1869.Capt. D. H. Buel, October 1, 1869, to July 22, 1870.Capt. A. M/ordecai, August 12, 1870, to May 27, 1874.

Following the abandonment of the Arsenal, thenecessity for a near supply station for ordnancestores to posts in the West became so apparent thatthe War Department established an ordn~ance depotat the post in 1878, 3 from which to supply the troopsserving in the Department of the Missouri. A small detachment was sent here to care for the property.This depot was discontined in 1891.4 This changewas due to the transfer of the headquarters of theDepartment of the Maissouri to St. Louis and it beingimpracticable to assign an officer of the OrdnanceDepartment to command the depot, where, thereto-fore, the chief ordnance officer of the department per-formed this duty.

1 See Generazl Orders No. 8, 1874.2Under the head "The U. S. Military Prison" the cause

for this transfer will be found.3See General Orders No. 81, 1878.4See General Orders No. 23, for the year.

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TIhe N~ational Cemnetery

(Established under the Act of Congress approved February22, 1867.)

The National Cemetery at this post contains anarea of sixteen acres. Prior to the approval of the actcreating national cemeteries this cemetery was theburial ground for the post. When Fort Leavenworthwas established in 1827, a burial ground was selectedupon the site which now forms the grounds for thequarters of the commandant, arm~y service schools.

In 1858 Congress authorized the construction ofbuildings for an arsenal and the grounds comprisingthe college section were chosen. The nlorth line ofthe arsenal grounds extended to what is now thesouth line of Pope Avenue. This selection necessi-tateed thne abandonment of the old burial ground andthe disinterment and transfer of the dead to thepresent cemetery.

In 1867 the post burial ground was declared anational cemetery, and a superintendent placed incharge of the grounds. Notwithstanding t~hat onlythose who were in the army or had been honorablydisharged therefrom were entitled to a resting placewithin a national cemetery, the post continued tobury its dead there without reference to such service.

In 1883 the Quartermaster General of the Armycalled attention to the provisions of the law relatingto the class of persons authorized to be buried in suchcemeteries. Inasmuch as these grounds had alwaysbeen a post cemetery, such limitations were deemed ahardship upon the post residents, and the department,upon having its attention called thereto, authorizedan extension of the stone enclosure to the south andset aside a part of the additional ground thus enclosedas a post burial plot. This not only overcame the

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peculiar situation as applied to the cemetery here,but the new plot proved to be the prettiest spot with-in the enclosure.

The following persons hxave served as superin-tendents :

HEugh M. Fogg,Noble Warwick,William Dillon,

MMax REitter.V. A. Meyuez, to date.

There are now buried in the cemetery 2283known dead, andl 1507 unknown dead; total 3790.

THlhe A~rm-y Service Schools

For history o~f the schools see "History of theArmy Service Schools, " by H~enry Shindler, 1908.

[APPENDIX "CI"]The L~iberty Mo., Ahrsenal

By act of Congress, approved July 2, 1836, ten acres ofland were purchased June 30, 1837, of Joel Turuham and wifeof Liberty, Clay county, Mo., for an arsenal. The recordsshow that the total sum of $36,416. 34 had been expended uponit during its existence. Its first commandant was LieutenantA. B. Dyer, Ordnance Department, who was so assignedAugust 17, 1838, and continued un~til September 1, 1841.This officer later became Chief of Ordnance and is the fatherof Colonel A. B. Dyer, Fourth Artillery. It does not appearthat Liberty Arsenal was commanded by any office~r otherthan Lieutenant Dyer.1 HIe was succeeded by Daniel Ragan,an ordnance storekeeper, from 1843 till 1845, and LutherLeonard, ordnance storekeeper, from 1846 till 1852, and thoughthe last named may have remained in charge after that date,the records fail to show any other. The Arsenal was at notime assumed to be of importance. As early as 1860 the Chiefof Ordnance urged that the property be sold, it having beenrendered entirely useless since the establishment of the ar-senal at Fort Leavenworth. It was, however, not until theact of Congress approved July 25, 1868, that authority was ob-tained for its sale.

The property, lands as well as buildings, were purchasedby Amos S. Kimball, Brooklyn, N. Y., June 15, 1869.

Paxt~on, in his' "Annals of Platte County", says that onNovember 27, 1855," Liberty Arsenal was surprised and takenby sixty pro-slavery men, who took a large supply of armsand ammunition, carried two wagon loads to Platte City andhid them under the newly built Baptist church." Again, saysthe same authority, that on April 20, 1861 ,"LHenry L. Routtand 200 men captured Liberty Arsenal. The arms were takenand distribut~ed in northwest Missouri."

1 Cujlom's Biographical Register of West Point graduatesgives Lieutenant Chas. F. Ruff, 1st Dragoons, as havingserved at the arsenal in 1840. This was, of~ course, duringLieutenant Dyer's command and his assignment there mayhave been for purposes of instruction.

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DIV7ISIBON XII

ThB~e U. S. Military 3Prison3 and U. S.Pernitentiary

Established under act of Congress approved March 3,1873, a nd amendatory act approved May 21, 1874. Abandonedby the War Department June 30, 1895; re-established Febru-ary, 1906.

Prior to the establishment of a place for the con-fineinent of persons convicted of a violation of mili-tar~y laws not involving any moral turpitude, mili-tary prisoners were cast into prisons with the basestcharacters and punished with those stained by everycrime known to the law. This was regarded as aninjury to the prisoner, whose offense may have beenaffected with but slight obliquity.

To avoid this unnecessary contamination, it wassuggested by Mlajor Thomas F. Barr, Judge Advocate,Department of the East, in 1871, that this conditionbe prevented and a separate prison provided.

The Secretary of War heartily supported theproposition and at once convened a board of officersof rank and experience in the administration of theArmy in June, 1871, to consider the subject. Theboard was ordered to Quebec and Mbontreal, Canada,to look at the miliary prisons at those places and theway they were managed. This board consisted ofColonel Jefferson C. Davis, Mlajor J. M. Brannan,Major Thomas F. Barr and Lieutenant Asa BirdGardner.

The boarda was impressed with the British systemof punishing military offenders and recommendeda like system, or one, in part patterned after the

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British plan. The report received the concurrenceof the Secretary of War and was by him laid beforeCongress with the recommendation for the enactmentof such legislation as would carry out the object of thereport. To this Congress responded with the actapproved 1March 3, 1873, and designated the arsenalat Rock Island as the place. The object of its loca-tion at that point was with a view of finally havingthe use of the prisoners in the manufacture of ord-nance supplies.

The selection of Rock Island brought out a strongprotest from its commandant, Captain D. W7. Flagler.In this protest the officer stated that "the introduc-tion of a prison into the arsenal is completely an-tagonistic to the plans of the government for theplace," and "'the introduction of a prison is de-liberately introducing an element of danger. Theprisoners must be looked upon as disaffected persons,probably enemies, and somre of them, as shown byexperience, are insane in their enmity, and the mostdangerous of incendiaries.''

This protest was endorsed by the chief of ord-nance, who said that "it is not believed that prisonerscould be made use of to advantage, except as laborerson the roads and grounds, and scattered, as theywould necessarily be, over an island of 1,000 acres.

***The competition between convict and ordi-nary labor, when brought into contact, always leadsto ill feeling and irritation."

While Congress passed -the act for its establish-ment and selected the site, no funds were appropri-ated. In view of the very forceful protest by the Ord-nance Department, the War Department convened aboard of officers to examine the locality at RockIsland and report its views as to the expediency ofmaintaining a prison in the arsenal grounds, and itsprobable influence upon the interests of the arsenal.

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This b oard consi ste d o f Lieute nant- Colonel A. V.K~autz, 15th Infantry, Mlajor Thomas ]F. Barr, JudgeAdvocate, and M~ajor George P. Ahndrews, 5thn Ar-tillery. Later Colonel K~autz was relieved from theboard and Colonel Nelson A. M~iles, 5th Infantrry,substituted.

The board visited Rock Island tArsenal and in itsreport submitted that it fully concurred in the viewsof its commanding officer, and while not called uponto offer any suggestion as to ·the advisability of"selecting any other site than? the one chosen, theboard, in view of the fact thnat the armory at RockIsland promises tco answer for furnishment withmaterial for all the western portion of the country,recommended that the arsenal grounds ofE FortLeavenworth, K~ansas, would be a far more eligibleand convenient location for the prison, while thebuildings, now of but little practical use to the gov-ernment, could be readily converted to prison uses.

The board went on to say that the cost of sup-porting the prisoners would be fully as small at FortLeavenworth as at Rock Island, and it believed that,even should it not be considered proper to appropriatethe arsenal grounds for the purpose, some other por-tion of the government reservation should be taken.

The action of this board and of the one appointedat a later date, October 4, 1873, of which ColonelMiles was also president, was submittted to Congressby the Secre-tary of War with the further recommen-dation that the act be amended so that the selectionof Fort Leavenworth be made, instead of RockIsland. In this Congress concurred by passing theact alpproved Mlay 21, 1874.

The last board consisted, in addition to ColonelMiles, of Lieutenant-Colonel W. H. French, SecondArtillery; Major Thomas F. Barr, Judge Advocate;Rev. E. C. Wines, of New York, Secretary of the

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National Prison Association and G. R. Brockway, ofDetroit, Mlich.

After selecting Fort Leavenworth, it was decidedby the War Department that the buildings best suitedfor prison purposes were those occupied by theQ~uartermaster's depot on the north side and totransfer the depot to the buildings in the arsenalgrounds. This was done just as soon as Congressmade the necessary appropriation which followed inJune, 1874, supplying $25,000 for the remodeling ofthe buildings and such construction as would benecessary to fit the grounds for a prison. Someyears later, Captain James W.V ]Pope, who commandedthe prison from 1888 to the time of its abandonment,told a National Prison Congress that "with the usualfalse economy in governmental matters, it was pre-scribed that buildingfs already erected should be modi-fied for the purpose of the prisoni, from which theprison will always suffer owing ~to the insecurity, in-adaptability and unsightliness of those buildings."

A temporary administration was provided for theprison in 1874, consisting o~f Captain Edmund Rice,5thn Infantry, as commandant, Lieutenant QuintonCampbell, as provost marshal, and Lieutenant JamesW. Pope, Fifth Infantry, adjutant. The followingyear Major James M~~. Robertson, 3d Artillery, wasappointed commandant, and was succeeded a yearlater by Captain Asa Blunt, Assistant Quartermaster,who retained the post until January 1, 1888, when hewas succeeded by Captain J. W. Pope, AssistantQuartermaster.

A commission appointed by the Secretary of Warvisited the institution annually to inquiry into man-agement and ascertain conditions with a view of re-port to the Secretary. The prison grew in im~port-ance, new buildings were erected, and an immensestone wall was constructed about the prison. For

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many years the prisoners were engaged in the manu-facture of boots and shoes for the army, in additionto many other needed articles of equipment. Thiswas finally abandoned owing to opposition from labororganizations.

In his annual report for 1894 the then Secretaryof War, Daniel Lamont, urged the abolishment of theprison and transfer of the property to the De-partment of Justice for the establishment of a civilprison as provided for in act of 1891, but made no appro-priation for its erection. The transfer was stronglyopposed in Congress, the people of Leavenworth notcaring to have established an institution on the reser-vation under "'political" control, but without effect.The argument used in favor of the establishment ofa purely military prison was now turned against itsfurther continuance. However, the prophesy madeby those who favored its retention that such actionwould prove a serious matter for the army was correct,and not many years elapsed before this proved to bethe case.

On July 1, 1895, the Department of Justice tookcontrol and a federal prison was established. Theundesirability of the old buildings for prison purposesled to the agitation 3for a, new prison on a site to beselected. This Congress concurred in (see ap-pendix "K") and made the necessary appropriation in1897. Work was at once commenced and by Feb-ruary, 1906, the new institution was far enough ad-vanced to permit the transfer of all federal prisonersthereto, when the old prison again reverted to theWar Department and its immediate rehabilitationunder the law of 1874 as a purely Military prison.

Lieutenant Colonel George S. Young, 21st Infan-try, was detailed as its commandant. He was re-lieved in June, 1908, by Major Thomas H. Slavens,Quartermaster.

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The need for an enlargement and the erection ofbuildings with modern convenience of a prison ledCongress to appropriate at its session of 1907-8$100,000 with which to commence this work, andsuch construction is now under way.

The Sun~dry Civil appropriation bill for 1909-10carries an additional appropriation of $250,000 for thispurpose.

Congress vested the government and control ofthe prison, in the Secretary of War and the Board ofCommissioners of the U. S. Soldiers Home, consist-ing of the Surgeon General, the Commissary Gen-eral, the Adjutant General, the Quartermaster Gen-eral, the Chief of Engineers, the Judge-Advocate Gen-eral, and the Governor of the Home.

[APPENDIX "K."]An act to establish a site for the erection of a peni-

tentiary on the military reservation at Fort Leavenworth,Kansas, and for other purposes.

Be it enzacted~ by the Senate and House of Represenztatives ofthe United States of America in Congress assembled, That theAttorney General is hereby authorized and directed to selecton the military reservaticn at Leavenworth, Kansas, withinlimits hereinafter described, a site for the erection of a peni--tentiary and other buildings, wall, and workshops for theemployment of United States prisoners, with such improve-ments as he may direct in connection with the completion ofthe several buildings; said penitentiary to be of a capacity toaccomodate at least one thousand two hundred convicts, andto be situated on said ground and within the following boun-dary line: Beginning at a point at the northwestern inter-section of Grant and Logan Avenues thence north 70 degrees,west more or less, forty-five hundred feet more or less to astone in the field north of the government farm barn, thencedue west fifteen hundred feet more or less to the north sideof Logan Avenue: thence along said avenue and its prolonga-tion to the western boundary of the military reservation,thence south along said line to the southwest corner of saidreservation, thence east along the south line of the saidreservation to the pikre leading north from the city of Leaven-worth to the post of Fort L~eavenworth; thence north alongsaid pike to the beginning; and that these grounds thus de-scribed sha~llbe, and hereby are, set apart from the contiguousmilitary reservation for United States Penitentiary purposes,and assigned to and pla'ced under the care and control of theAttorney General, as a United States Penitentiary reservation:Provided ,that when the United States Penitentiary shall beoccupied and applied to the purposes contemplated by thisact, the buildings and grounds within the said military reser-vation at Fort Leavenworth that were tranasferred from thedepartment of War to the department~ of Justice, in accord-ance with the provisions of the a~ct of Congress approvedMarch 2, 1895, shall be restored to the control of the said de-partment of War: and Provided, Further, that this prisonreservation shall be open to military tactical purposes, whensuch purposes do not interfere with the discipline of saidprison .

Act approved, June 10, 1896.

109

D)Ih V I~ISI ON X.IHII

General H~enry ]LeavenworthGeneral Henry Leavenworth was born in New Haven,

Conn., in 1783. While still a lad he removed to Vermont andthen to Delhi, Delaware County, N. Y. There he grew tomanhood, and acquired such education as the condition ofthe country immediately following the close of the Revolu-tion afforded. He adopted the law as his profession, and up-on admission to its practice formed a law partnership withGeneral Erastus Root of Delhi.

At the outbreak of the second war with England, he wasselected to command the company of infantry raised in Dela-ware County in. the winter of 1812-13. The company was as-signed to the Ninth Infantry, which was attached to G~eneralWinfield Scott's brigade. Captain Leavenworth rose rapidly,and as a major, commanded his regiment in the invasion ofCanada from the Niagara frontier.

At the close of the war he obtained leave of absence topermit him to serve in the Legislature of his adopted state, towhich he had been elected. In 1818 he was promoted lieutenantcolonel of the 5th Infantry. From Detroit, Mich., where hisnew regiment was stationed, he conducted the organization tothe Falls of St. Anthony, Miun., and there, on the banks ofthe Mississippi river, selected the site on which he establishedFort Snelling. Before the permanent buildings were com~-pleted, Colonel Leavenworth was transferred (Oct. 21, 1821) tothe 6th Infantry, and placed in command of the troops at FortAtkinson, in Nebraska, situated on the banks of the Missouririver. In 1823 he was placed in ~command of an expeditionagainst the Arickaree Indians, seven hundred miles up theriver. For this service he! was specially commended by theDepartment Commander, the Secretary of W~ar, and the Pres-ident in his annual message to congress.

In 1825 Lieutenant-Colonel Leavenworth was promotedto the colonelcy of the 3d Infantry. He was assigned to itscommand at Green Bay Barracks, Wis., and the following yearmarched with a detachment of his regiment to JeffersonBarracks, Mo., and set up a school for the practice of Infantry,the site for the same having been selected during the previousyear by G~eneral Atkinson and General G~ains. H~e at once

addressed himiself to the task. The school was not destinedto live long.

Scarcely7 settled at his new post, Colonel Leavenworthreceived orders in IMarch, 1827, to take four companies of in-fantry to ascend the M~cissouri river, and, upon reaching apoint within ten miles of the month of the Platte river, toestablish a cantonment;. H-e explored the country and wassoon convinced that the land on the east, or Miissouri sideof the river, would be flooded during high water, and thatit was not; adivantageous for a permanent post. Withoutwaiting for new orders he crossed over to the Kansas side andpicked the site for a cantonment where Fort Leavenworth isnow located. The first camp on the site was pitched M~ay 8,1827, and was named "Cantonmnent Leavenworth". ColonelLeavenworth sent a clear and beautiful description of the landand advantages of the new cantonment to Washington, andit was approved by a formal order of the W ar DepartmentSeptember 19, 1827.

During the next two years many of the soldiers weretaken sick and died of malarial fever, mainly for lack ofproper medicines to treat thle disease, and CantonmentLeavenworth was looked upon as an unhealthy place. Thegarrison was ordered withdrawn to Jefferson Barracks, andLeavenworth was assi5 ,ned to command the latter post. Thecant~onment was taken possession of the second time in 1829by a battalion of the 6th Infantry commanded by BrevetMajor Bennett; Riley, 6th Infantry.1

In 1834 Colonel Leavenworth was assigned to command.the entire southwestern frontier in which year he took chargeof an expedition against hostile Pawnee and CommancheIndians. Out of this enterprise was secured, without a singlecollision, a permanent treaty of peace. The campaign was along one, but it was conducted with such skill that he waspromoted to brigadier general as a reward. While engagedon this duty he contracted a fever from which he died July 21,1834, in a hospital wagon near a place called Cross Timbers,Indian Territory, but the news of his promotion did not reachhis command until four days after his death.

In his annual. Report for 1834 the Secretary of War, refer-ing to General Leavenworth's death, said:

"Impelled by his anxiety to forward the views of theG~overnment, he exposed himself, while yet weak, to thehardships of a boarder campaign, and sunk under the malady

1 Fort niley, Kansas, is named in honor of this officer who performeddistinguished service in the war with Mexico.

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which these induced. His high personal character, and hisexemplary official conduct since, are too well known to youto require from me anything more than this brief allusion tohis worth."

The President in his Message to Congress, 1834, said:"CIt is to be regretted that the prevalence of sickness in

that quarter has deprived the country of a number of valuablelives and particularily that of General Hienry Leavenworth,an officer well known and esteemed for his gallant servicesin the late war, and for his subsequent good conduct, has fal-len a victim to his zeal and exertion in the discharge of hisduty. "

In a sketch of General Leavenworth, from the pen ofGeneral George B. Davis, Judge Advocate General, U. S.Army, published in the U. S. Cavalry Journal, this tribute ispaid the dist~inguished offcer of whom he says:

"G~eneral Leavenworth seems to have exercised a pro-found influence upon the development of the standards ofduty and discipline in the army of the United States duringits formative period, between the reduction of .1821 and theoccupation of the valley of the lower Missouri, which wascompleted in 1845. HEe was onre of the first, as he was cer-tainly one of the most active and intelligent of the small num-ber of regimental commanders upon whom developed theduty of adopting European methods of drill, discipline andadministration to the peculiar needs of our own military ser-vice. How well this task was performed was seen a littlemore than ten years later in the splendid behavior of the reg-ular regiments in the war with Mexico. He was a man ofbroad and varied culture, keenly alive to the needs of thetime, and fully impressed with a sense of the importance ofthe part the army was to play with the development of thegreat empire beyond the Mississippi, which had but recentlybeen acquired, and the very boundaries of which, to saynothing of its vast resources and possibilities, were then prac-tically unknown. That the settlement of the valley of theupper courses of the Mississippi and Mtissouri rivers, compris-ing the states of Missouri, Kansas, Iowa, Minnesota, Nebraskaand the Dakota~s, was effected peacefully and without seriousfriction is due largely to his foresight in preventing hostilecollision, and to the rare ta~ct and skill in dealing with thetribes whose territories were being encroached upon by theadvancing settlements. And it was while engaged upon theexecution of a similar scheme of pacification, with referenceto tribes occupying the plain region of the trans-M~issouri--aduty of the highest Importance, which had been in-trusted tohim as the best fitted, by character and capacity, for its ade-quate performance-that death put a termination to his usefuland productive labors."

James Hildreth, who publishedi "Dra~goon Campaigns"~ in1833, and who knew General Leavenworth intimately, says:

"LHe is a plain looking old gentleman, tall yet graceful,though stooping under the weight of perhaps fifty years,

affable and unassuming in the society of his brother officers,mild and compassionate toward those under his command,combining most happily the dignity of the commander withthe moderation and humanity of the Christian, and the modestand urbane deportment of the scholar and the gentleman;all love him, for all have access to him, and none that knowhim can help but love him."

G~eneral Leavenworth's body remained at Cross Timbersfor several months when it was taken across the plains andfinally sent to Delhi, N. Y.

The arrival of the remains in New York City, May, 1835,was made the occasion of a great military and civic ceremony.

From "Impressions of America during the year 1833,1834! and 1835," by Tyrone Powers, Esq., the following accountof these imposing ceremonies is taken:

"'On the 19th we had a grand military ceremony and pro-cession to receive and escort to the Battery, the remains ofGeneral Lealvenworth, a brave andl very popular officer whodied in consequence of the fatigue and privations incurred onthe late prarie expedition against the tribes of the Missouri.

"His remains were brought hither by way of the lakes onthe route to the place of sepulchre.

"The volunteer corps were all turned out on this occasion,each remarkable for the neatness of its dress and the complete-ness of appointment.

"'The persons who appeared least to enjoy the eclat of thismilitary f~te were the officers of the regular U. S. Army.They were readily distinguished by their upright, soldier-likeair, together with a certain cold and very proud expression, asthough they discovered no fun in the thing and moreoverwere insensible to the honor of the companionship they wereadmitted to.

"LDuring the. course of the procession a salute was firedfrom the Battery by the mounted artillery corps; the bandsplayed and the bells of the dlifferent churches on the line ofmarch ·tolled for the dead."

General Leavenworth was dearly beloved by the officersand soldiers of his command. They raised money for a finemarble monument twelve feet high, representing a brokencolumn, which m~arked his grave at Delhi. The inscriptionon the four sides of the die is as follows:

1. "In memory of Henry Leavenworth, of the UnitedStates infantry, andh brigadier general in the army."

2. "Bo3rn at New Haven, Conn., December 10, 1783. Diedin the service of his country, near the falls of the Washita,July 21, 1834."

3. "For his civic virtues, his fellow-citizens of Delawarecounty honored him with a seat in the legislature of NewYork. The fields of Chippewa, Niagara and Arickaree estab-lished his fame as a soldier."'

4. "CAs a testimonial to his public and private worth, his

re giment has erected this monument."'

Movemen~t to Tkrans~fer the Remains to NationalCemetery at Fort L~eavenworth

On December 1, 1901, the following appeared in theEvening Chronicle -Tribune of Leavenworth:

The transfer of the body of the late G~eneral Henry Leav-enworth from its resting place in the cemetery at Delhi, N.

Y., to the National cemetery at Fort Leavenworth, K~an., is aproposition Henry Shindler has undertaken and its success isvirtually assured.

With this object in view he has obtained permission of theonly living descendants--three grand children--and theirauthority is now on file in the department of War at Wash-ington.

The idea of transferring the body to the Fort Leavenworthnational cemetery grew out of a newspaper paragraph whichappeared. some four years ago to the effect that the grave atDelhi, N. Y., which contained General Leavenworth's bodywas almost forgotten and no relatives lived near there to carefor it. It struck Mr. Shindler that the transfer of the body toFort Leavenworth would not only be appropriate, becauseG-eneral Leavenworth selected the site where Fort Leaven-worth now stands, but the grave would be kept green as longas the republic stands.

Mr. Shindler promptly set to work to ascertain the namesand whereabouts of living descendents to secure their authorityfor the removal. After a long and persistent effort theirlocation was established and the proposition, when placed be-

fore them, not only received their unanimous approval butauthority for its immediate accomplishment.

Armed with this permit M~r. Shindler enlisted Leaven-worth's Commercial Club in the undertaking over a year ago

and upon his suggestion Senator Baker was reqyuested to pre-sent the matter to t~he Secretary of War with a view to havingthe disinterment, shipment to, and reinterment at Fort Leav-enworth, ordered. The senator endeavored to induce Secre-tary Root to comply with the club's request; but without avail.Last summer when the secretary visited Fort Leavenworth,Mr. Shindler, in the presence of a CHRoNIcLE-TRIBUNE re-porter, again broached the subject to him, but th~e secretarycould not see his way clear. He said that he would like to

oblige the citiz~ens of Leavenworth but that it was out of the

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question for the reason that there was no appropriationavailable for removing the body from the New York cemeteryto this place.

"The department", he stated, "will gladly give the permitfor the interment of the body in the National cemetery here,but this is as far as the department can go.

When the department declined to grant Senator Baker'srequest for the transfer of the body, the session of Congresswas then too near its close to permit the i-nitiation of proceed-ings looking to a special appropriation and nothing, beyondbroaching the subject to the Secretary of War, has since thenbeen done.

Mr. Shindler has now determined to bring the matter to asuccessful issue and he has gone to work with t~he vim andspirit so characteristic of him in anything he undertakes.

That the plan plroposed will meet with unanimous pub-lic approval need not be discussed here. That is a certainty.It will at once commend itself, not only to every man, womanand child in Leavenworth county, but every officer and soldierin the Army will feel that the people of this community willacquit themselves nobly by nndertaking to carry out such aproposition and thus pay proper tribute and respect to onewhom the people of the entire W~est owe a lasting debt for hisvaliant services.

It is Mr. Shindler's further idea that after the body isbrought here and laid away for its final and eternal rest, apublic subscription be started throughout the county and citythrough which to obtain sufficient means for the erection of amonument worthy of the dead soldier. He believes in havingthe body brought here as soon as practicable, so that fundsmay be raised in season and the monument erected in time topermit the unveiling on next Memorial Day, May 30, 1902.

"'It is not any too soon to begin now", said Mr. Shindlertoday. "Let us make the ceremony of unveiling of a charactermore imposing, if possible, than were witnessed during theunveiling of the Grant statue at Fort Leavenworth in 18389.Let these ceremonies be truly worthy of General Leaven-worth and th~e United States Army at the same time. Let usinvite a distinguished soldier, General Nelson A. Miles, i~fpossible, to come here and deliver the oration upon theoccasion. Let us invite the only living descendants of G~en-eral Leavenworth, three in number, to be the guests of thecity for the occasion. It would bring to Leavenworth anarmy of people, the like of which was never witnessed in this

city. The day will be a national holiday. Everybody willhave an opportunity to attend, and there is not a man,woman or child in Kansas, within easy reach of this place,who would not willingly come to Leavenworth on that dayand assist in its proper observance.' Let us have a parade atthe Fort of young and old soldiers that will be the largest ofits kind ever seen in Kansas. Wle have both here and we. canget many to join from other points.

The above is a general outline of Mr. Shindler's proposi-tion. He is already making arrangements for the shipmentof the body. "

The following communication is self-explanatory:

FORT LEAVENWORTH, KANSAS,Febru~ary 18, 1902.

Hon. John P. Baucserman,President, C'ommerciarl Cl·ub,

Leavenworth, Kansas.DEAR SIR :

For the information of yourself and club, I beg to submitthe following:

Inl the early part of 1900 the club was informed that thegrand children of the late General Henry Leavenworth gavetheir consent to the transfer of his remains from Inelhi, N. Y.,to the National Cemetery at Fort Leavenworth, Kansas.

A committee, consisting of Messrs. Jackson, Bond, andShindler, was appointed to correspond with United StatesSenator Lucien Baker, with a view of having the transporta-tion of the remains authorized by the War Department. Inthis effort the committee was nlot successful, there being noappropriation available from which the department could au-thorize such expense.

No further steps were taken until last December, whenthe subject was again taken up, and, J am pleased to announce,after a great deal of correspondence, satisfactorily arranged.That is, all objections interposed by the people of Delhi havebeen withdrawn, and the A dams Express Company has kindlyconsented to transport the remains, at its own expense, fromDelhi to this point.

That the ceremony of reinterment be as imposing as thedistinguished services rendered by Gteneral Leavenworth de-mland, it is suggested that the date of reinterment be set forMemorial Day, May 30, 1902, that being the most appropriatefor the purpose·.

The club will undoubtedly appreciate that the day can bemade the most eventful in the city's history. To attain thisend it is your duty to provide for the appointment of a comr-mittee, not to exceed five in ·number, to be known as the "thecommittee on arrangements" and of which the commandingofficer of Fort Leavenworth, should be ex-offlcio chairman. Itwill be the duty of this committee to take full charge of everydetail of the arrangements, not only in connection with thetransfer of the remains, but also for a proper ceremony, bothcivil and military. It is not necessary at this time to enter in-to a discussion of any minor details. These can be left to thecommittee and will be reported to the club fromt time to time.

That there may be no delay in the matter of raising fundswith which to erect a monument suitable to the services andmemory of the distinguished officer and a credit to the peopleof the entire county, it is deemed not in~appropriate to suggestnow that the club direct the appointment of a committee ofsleven persons, to be known as the "LGeneral LeavenworthMonument Committee," to which shall be delegated the duty ofdevising ways for the creation of a suitable fund, and, for sug-gesting plans for the monument. In fact, this committeeshall have full charge of every matter affecting the monu-ment, from the raising of funds to the preparation of plans,its erection and unveiling.

I beg further to suggest that Major R. W. McClaughrey,Warden United States Penitentiary, and 1Major Daniel E.McCarthy, Quartermaster, United States A~rmy, be placed onthe G~eneral Leavenworth Mon-ument Committee.

Believing that the Commercial Club will meet the occa-sion as it deserves, and prove in this instance, an instrumentworthy the people of Leavenworth and hoping that it willsecure the active support of every man, woman and child ofthe entire county in the noble and patriotic work undertaken,I remain,

Yours very truly,HENRY SHINDLER.

Insisting Upon Removing General L~aewot'Rem~aints

(From a Delhi, N. Y. Exchange)

A few weeks ago it having come to our knowledge that a,movemnent was on foot to remove the remains of the late Gen-eral Henry Leavenworth from our beautiful cemetery, where

they rest in accordance with his dying reqluest, and are givenall the care and honor which the citizens and particularly theG. A. R. Post can bestow or could be expected by the mostexacting, we entered a positive protest, especially as false andmisleading reports were published in the west in reference tothe shameful condition of the surroundings of his burial placehere, etc. The proposition now comes from those who arethe head of the movement at Fort Leavenworth, as will read-ily be seen from the following extracts from a letter to theC~ommander of England Post in this village:

HEADQUARTERSARMY AN~D NSAVY UNION

LEAVENWORTH, KAN5A5

JTanu~ary 12, 1902.

Commander, G~. A. R. Post, Delhi, NW. Y.DEAR SIn:

*t *C * *

Let me assure you that I fully appreciate the sentimentswhich move you and others of the good people of Delhi in theproposed transfer. I feared this very condition to happenand am not disappointed. I hope, however, to be able toshow you and your good friends that the people of Delhi coulddo no greater honor to this distinguished soldier than permitthe transfer of his remains to the scenes of his earlier life andwhere he established a military post, the most beautiful po-session of the government.

The National Cemetery of the post is within a stone'sthrow of the great parade. Thousands of people visit theplace each year and annually our people remember thle soldierdead on the day set aside by the government. H~is grave willalways be pointed to as the soldier whose great foresight andsound judgment located the post, the greatest in the country,named in his honor, as is t'he beautiful city and county. Astime marches on his career wi·ll only shine the brighter. Themonument our people will erect will be worthy of their effortsto have the remains brought here. His grave would prove ashrine for every o~fficer and· soldier as that containing the re-mains of an officer who established the first army school atJefferson Barracks, Mo., in 1826, and a year later Fort Leav-enworth, since, the center of military education in the UnitedStates. This post is to have three thousand soldiers stationedwithin its limits. Buildings for their accommodation are nowbeing erected and not less than five hundred officers will begiven instruction here at one time.

At Delhi, as generations pass away it is only natural thatthe memories of the great deeds of this officer and soldierwill become more dim. So I say, that as the generations ofyour good town pass away his record will shine less brightly,while if buried here, among his earlier scenes, his record will

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gain luster as time marches on. As long as the Great Re -public stands his grave will be kept green.

I hope you and your soldier friends, and other good folkof the town will look at this matter from a sensible standpoin-tand place no objection in the way of the transfer. You willsurely honor the great soldier by permitting it. I appreciatehis last words on the subject of a final resting place but newconditions have shown the change would be a great honor.

I have written this day to relatives- next of kin-g9rand-children-and hope that the matter may be adjusted in themost friendly spirit and the people of Leavenworth allowed topay due homage to the remains of the great soldier of theREe public.

I feel satisfied that you will view the plan in a sensible,soldierly light, and convince your friends that the people ofLeavenworth should be permitted to have their wish.

I have given the matter of his wife's remains, as well asdaughters', a thought and believe it will be advisable to trans-fer all three. I think it should certainly be done.

We are ready to proceed when the matter has beenamicably adjusted and trust you will aid us in that direction.

The secretary of war has promised the necessary militaryfunctions to do honor to the General upon re-interment.

Yours very truly,HENRY SHINDLER,

Past Nat. Commander R. A. & N. U.

In a recent letter from Colonel Cormack, who has alwaysbeen conspicuous and untiring in caring for Leavenworth plotand monument, he expresses his readiness to yield to theclaims of the Fort Leavenworth people as follows:

"LI, in common with other Delhi c~itizens, greatly desirethat his remains might remain with us, and I have no doubtthe general sentiment would run in this direction, but this isonly sentiment., and if the people of Leavenworth desire tohonor his remains, and themselves, I do not feel disposed tostand in their way in a work, which all must admire so far asthey are concern'ed."'

From the above it would appear that there is but onething for the people of Delhi to do in this matter, and that isto yield a cheerful acquiescence to the inevitable, as there areevidently influences at work which will ultimately result inthe removal of the remains of General Leavenworth and themembers of his family buried here (much as we may regretsuch action) which it would be utterly foolish for us to resist--in fact it might assume the proportions of the U. S. Govern-ment against Delhi. What we have a right to contend for andobject to is that the remains have been given the best possiblecare here and not neglected in the disgraceful manner whichhas been charged by overzealous Wtestern papers, some of

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which have asserted that "the removal of the body will beopposed by force, if necessary."

It has been suggested that a committee of three should be

appointed from this community (selected from both EnglandPost and the ranks of private citizenship) who shall conduct

the negotiations with the authorities at Leavenworth. Inany event, it seems that the Leavenworth Monument shouldremain here, even if the bones of the General must be re-mo ved.

A. Great Success

(From Western Life.)

Memorial Day of 1902 will long be remembered by those

who witnessed the exercises in connection with the re-inter-ment of the remains of the late General Henry Leavenworth.

It was the grandest day in the history of the city.' More thanten thousand strangers entered her gates and more thantwice that number beheld the most imposing military spectacleever seen in the west. The presence of distinguished military

men including such soldiers as General John C. Bates, of civic

officials including such as Governor Dockery of Missouri witha brilliant military staff, and of the church including such as

Bishop Millspaugh of the Kansas Episcopal diocese, who

came to assist in paying a tribute to the soldier dead, added

to the greatness of the day. Besides Mrs. William Dunn of

Chicago, a granddaughter, and Mrs. Ingersoll of Tacoma,Washington, a great granddaughter, there were many otherrelatives present.

The splendid display of the military was, of course, a

chief attraction in the parade. Much of its success was due

to the royal assistance rendered by the commanding officer'1of the post and his subordinates. Every one seemed to viewith each other to make the Day one worthy of remembrance,and they succeeded. There have been many big demonstra-tions in Leavenworth, but none of them? ever came up to last

Friday's parade. There was not a hitch anywhere. Therewasn't even cause for criticism. Everything was arranged

with such nicety, so thoroughly planned, that only praise wasbestowed upon those responsible for the results.

The person to whom this credit is largely due is Mr.

Henry Shindler. To him alone belongs the credit for

securing the transfer of the remains of General Leavenworthand to his tact and diplomacy can the fruits be ascribed. Re-

1 Major J. A. Augur, 4th Cavalry

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ferring to Mr. Shindler's efforts the Delhi Republican in itsrecent issue said that "'Mr. rShindler's tact and courtesy ineffecting the transfer of the remains without the least frictionfroni the conflicting interests, is to be~ highly commended."

From the moment he announced last winter that thetransfer would be effected and re-interment made in theNational cemetery with imposing ceremonies, Mr. Shindlernever wavered. He waa confident of success. It was thisconfidence that gave him courage, and with an executiveability so thoroughly disclosed in the management of theentire affair, gave Leavenworth a splendid example of whatcan be accomplished when the elements required to win arepresent and put to good use.

The chairman of the committe, Mr. W. H. Bond, gaveMr. Sbindler the widest latitude and felt content that thearrangements would be well looked after.

Western Life is pleased to give Mr. Shindler the fullest;credit. He is being congratulated on every hand and feelsgrateful to his friends for the many kind expressions uttered.

The relations of General Leavenworth have sent him thefollowing card of thanks:

The members of the Leavenworth family, guests of thecity of Leavenworth, not only desire to express their thanksfor the royal entertainment extended them, but wish to ex-press their appreciation of the efforts of Mr. S~hindler, Secre-tary of the Citizens' Committee, and all others who assistedhim, for the honors shown to tbe name and fame and memoryof our illustrious relative.

M~tRs. C. J. KERSHAW,Mns. A. iM. INGERSOLL,MRS. WILLIAM DUNNP,

Granlddaughters.MISS A. C. LEAVENWORTH,MRS. MARY LE AVEN WORTH -SMY THE,Mns. ELIZABETH LEAVENWORTH-FARN SWORTH,HIRAM LEAVENWORTH FERRIS,ANNAP MARTIN,FRANCES C OON.

[APPENDIX "'J"]

List of Officers who have Comm~nanded thePost of Port Leavenlworth, form its

Estaablishm~ent to Date

1827 to 1829--Colonel Henry Leavenworth, 3d Infantry.

1829--Captain Bennett Riley, 6th Infantry.1830--Major William Davenport, 6th Infantry.1832--Captain Bennett Riley, 6th Infantry.1833--Captain Win. N. Wickliff, 6th Infantry.1834--Captain Bennett Riley, 6th Infantry.1834 to 1836--Colonel Henry Dodge, 1st Dragoons.

1836 to 1841-CUolonel Stephen W. Kearney, 1st Dragoons.

1842-1lieut. Colonel R. B. Mason, 1st Dragoons.

1843--Colonel Stephen W. Kearny, 1st Dragoons.

1844 and 1845--Major Clifton Wharton, 1st Dragoons.

1846l and 1847--Lieut. Colonel Clifton Wharton, 1st Dragoons.

1848--Captain W. S. Ketchum, 6th Infantry.

1849--M~ay 2--Lieut. Colonel E. V. Sumner, 1st Dragoons.

1850--June 30--Captain Chas. S. Lovell, 6th Infantry.

August 2--Li~eut. Colonel Joseph Pl~ympton, 7th Infantry.

Sept. 6--Major Benjamin L. Beale, 1st Draggons.Oct. 8--Lieut. Colonel 3E. V. Sumner, 1st Dragoons.

1851-March 12--Major B. L. Beale, 1st Dragoons.

March 29 to 1853-Colonel T. T. Fauntleroy, 1st Dragoons.

1854--Capt. F. B. Hunt, 4th Artillery.'1855-Lieut. Col. Phil. St. George Cooke, 2d Cavalry.1856--Colonel E. V. Sumner, 1st Dragoons.

July 12--Captain Thomas J. W~ood, 1st Cavalry.

July 28--Lieut. Colonel Joseph E. Johnston, 1st Cavalry.

1 Captain Franklin E. Hunt, was graduated from west Point in 1S29.

He was stationed at; this post from 1850 to 15i5 and upon tlie departure of

Colonel F'auntleroy commanded the garrison. He was appointed paymaster

and served in this section during the civil war serving as volunteer aide-de-

camp on the staff of General Curtis with headqluarters at Fort Leavenworthand also assisted in the defense of Fort Leavenworth against an attempt of

Gteneral Price in 1S64. He has the distinction of ha~ving served as pay

master of the Department of the Missouri from the close of the war untilhi

retirement in 1S79. He became an actual resident of the city of Leaven-

worth. He died in 1S81. His long residence in the city enabled him to be-

come largely identified with the city's local interest and amassed a great

deatlof property among which was the building at the north-west corner of

Fifth and S~hawnee streets, still known as the "'Hunt3." block. H~is onl~y

living son is McCowan Hunt who continues to reside in Leavenworth. H

is the agent and local representative of the Fort Leavenworth Bridge Co.

123

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1856G-Aug. 21--Captain S. D. Sturgis, 1st Cavalry.Sept. 21--Captain Thomas Hendrickson, 6th Infantry,Oct. 13--Colonel E. V. Sumner.

1857-O0ct. 12--General W. S. Ha~rney.Oct. 27--Colonel Francis S. Belton.

1858--Jan. 31--General W. S. Harney.May 15--Major Thomas WT. Sherman, 3d Artillery.May 16--Lieut Colonel John Munroe, 4th Artillery.

1859--June 15-C~olonel T. Dimmick.Nov. 14-Captain Horace Brooks, 2d Artillery.Dec. 19-Lieut. Colonel John Bankhead Magruder.

1860--Sept. 3--Captain W. F. Barry, 2d Artillery.Oct. 2--Captain Horace Brooks, 2dl Artillery.Oct. 27--Colonel John Bankhead Maagruder.Oct. 31--Captain 1-borace Brooks, 2d Artillery.

1861--Feb. 3--Captain William Steel, 2d Dragoons.April 30--Dixon 5. Miles, 2d Infantry.May 23--Captain Alfred Sully, 2d Infantry.May 31-Major Delos B Sackett, 1st Cavalry.June 12-Mntajor S. D. St~urgis, 1st Cavalry.June 21l-MSa~jor William E. Prince, 3d Infantry.'

1862--June 11--Lient. Colonel J. T. Burnis, 8th Kansas Cay.1863--Dec. 24--Colonel C. R. Jennison, 15th Kansas Cay.1864--July 7--Colonel J. A. G~oodwin, 138th 111. Vol. Inf.

Sept. 27-Lieut. Colonel W. R. Davis, 16th Kansas Cay.1865--April 27--Lieut. Colonel Heinrichs, 16th Kansas Cay.

June 27--Colonel A. P. Carahar, 2d U. S. Vol. Cavalry.Sept. 14--Lieut. Col. Rufus E. Fleming, 6t~h W. Va. Cay.Sept. 23--Major Win. Clinton, 13th Infantry.Nov. 20--Colonel Issac V. D. Reeve, 13th Infantry.

1866 to 1867--Colonel Win. Hoffman, 3d Infantry.1868---April 9-Major Alfred Gibbs, 7th Cavalry.

Sept. 10--Major Henry S. Huntington.Oct. 7--Captain H. C. Hasbrouck, 4th. Artillery.

1869--March 26--Captain W. M. G-raham, 4th Art.April 22-Captain Simlon Snyder, 5th Infantry.June 13--Lieut. Colonel W. H. Lidell, 10th Infantry.Oct. 22 to April 2 1871--Colonel S. D. Sturgis, 7th Cavalry.

1871--April 2--Captain Dangferfield' Parker, 3d Infantry.April 7- to July 12, 1876--Colonel Nelson A. Miles, 5th Inf.

1876--July 12--Captain W. Lyman, 5th Infantry.July 22-C~aptain A. C. Wildnick, 2d Artillery.Dec. 20 to Feb. 5, 1878-Col. Jefferson C. Davis, 23d Inf.

1 On bein~g relieved Major Prince issued an order in which he says"The troops he has had the jhonor to command for so0 long· a period he wish~esvictory upon the battle field and an affectionate atdieu."

ADDE ND A

Above last line read:"L1907--Colonel Thomas F. Davis, 18th Infantry."

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1878-Feb. 5i-Lieut. Colonel R. I. Dodge, 23d Infantry.May 19--Col. Je~fferson C. Davis, 23d Infantry.Jan. 27-Captain G~eo. M. Randall, 23d Infantry.Feb. 20--Colonel C. H. Smith, 19th Infantry.

1881 to June 1885-Colonel E. S. Otis, 20th Infantry.1885 to April 1886--Colonel Thomas H. Ruger, 18th Infantry.1886 to June 1890~-Colonel A. McDowell IMcCook, 6th Inf.

1890 to Sept. 1894-Colonel E. F. Townsend, 12;th Infantry.1894 to April 1898--Colonel H. S. Hawkins, 20th Infantry.1898 --Major J. A. Augur, 4th Cavalry.1899--Major J. J. O'Connell, 1st Infantry.19i0--Lieut. Colonel J. M. Lee, 6t~h Infantry.1902-Colonel Chas.W. Miner, 6th Infantry.1903--Brig. G~eneral J. Frankliin Bell.1904--Colonel J. W. Duncan, 6th Infantry.1905-Colonel Chas. B. Hall, 18th Infantry.1906-Lient. Colonel Win. Paulding, 18th Infantry.1907 to date--Colonel R. H. R. Loughborough, 13th Infantry.