Show J The T SUPREME COURT ML AND HOW HOWIT HOWIT IT WORKS ARLINGTON and the Bill of Rights By RO ROBERT ROBEET MERRILL l NOR R shall private property prop prop- prop prop-I erty be taken for public public pub pub- lic lie use without just That's from the Bill of Rights an important part of our federal Constitution On many occasions the Supreme court as our National Umpire Umpire Um Urn- pire has been called upon to protect protect pro pre citizens under the clause Sometimes Sometimes Some Some- ti times es it has saved citizens from losing losing los los- ing lag their homes without being adequately adequately adequately ade ade- compensated The most notable instance involved in involved involved Arlington the home of Mrs Robert E. E Lee wife wile of the Confederate Confederate Con Can federate general Today it is the the famous national cemetery across t the h e Potomac from Washington where r rest st our soldier dead Union Takes Arlington ArlIng Here Is the story story from from the records records rec ree of the court During the war between the states Union forces took possession of Arlington and the wife of ot the famed southern leader was v forced to retire behind the Confederate lines In 1862 Congress passed a bill bilI entitled entitled en en- titled An Act for the Collection of Direct Taxes in the Insurrectionary Insurrection Insurrection- ary any Districts within the United States Under this measure commissIoners commissioners com com- missioners were appointed to levy and collect taxes and in default of ol payment to sell the property against which they Uley were v charged Various rules were drafted by the appointed commissioners rs One provIded provided provided pro pro- vided that property taxes taxes' in in the district in including luding Arlin Arlington ori had to tobe tobe tobe be paid by the owner In person On January 11 1864 taxes faxes to the sum of were due on oa the Lee estate Since she was behind the Confederate lines Mrs Lee was unable unable un un- able to appear personally to pay them Sh She sent an agent to make the payment for fOl her but because of the arbitrary rule the money I Iwas was refused Then the estate was sold to pay the taxes The United States government government government gov gov- bid it in Confirms Lower Court Mrs Robert E E. Lee died In 1872 and her son inherited the right to reclaim the estate Asserting that the government claim to his boyhood boyhood boyhood boy boy- hood home was unjust he petitioned congress to return it to him When that effort failed he instituted suit against the officers in charge The lower court decided that the tax sale was invalid and therefore the United States had no rightful title titie to the property But the department department department depart depart- ment of at justice appealed The case went vent to the Supreme court of the United States for a decision It affirmed affirmed affirmed af af- af- af firmed the lower court Referring in its opinion to the Amendment of our our Constitution the Constitution the Amendment which provides that No uNo person shall be deprived of ot life liberty or property without due process of law nor shall private property be taken for public use without just compensation the Supreme court said If this Constitutional provision is isa isa isa a sufficient authority for tor the court to interfere to rescue a prisoner from the hands of ot those holding him under the asserted authority of the government what reason is there that the same courts shall not give remedy to the citizen whose property proper proper- ty has been seized without due proc proc- ess cas of law and devoted to public use without just compensation Lee Sells Home Borne to U. U S. S Thus the Supreme court had upheld upheld upheld up up- held the Lee Lee title title but but while the government was in possession It ith h had ld converted part of ot the estate into the cemetery and buried thousands thousands' of soldiers and sailors there Another Another Another An An- other part had bad been made into a military post Lee therefore agreed to sell Arlington to the United States and the Ule government acquired title after j just usi campen compensation sa tion That was an outstanding case but butIn butin butin in other cases too the Supreme court has assure assured similar protection to men and women who appealed to it for lor justice On one occasion a citizens citizen's property property property prop prop- erty was taken by government officers officers officers cers under the impression that the ground had been ceded to the UnIted United United Unit UnIt- ed States in an Indian treaty An appeal carried up to the Supreme court resulted in its restoration t tc the owner even though the government government govern govern- ment mont had erected a garrison and other buildings on It D 0 Western Newspaper per Union |