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WCU - Great Smoky Mountains - A Park for America

Correspondence: Harold L. Ickes to Zebulon Weaver, June 22, 1935

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  • wcu_great_smoky_mtns-2379.jpg
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Item 1 - Correspondence: Harold L. Ickes to Zebulon Weaver, June 22, 1935
wcu_great_smoky_mtns-2375.jpg

Correspondence: Harold L. Ickes to Zebulon Weaver, June 22, 1935

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Item 2 - Correspondence: Harold L. Ickes to Zebulon Weaver, June 22, 1935
wcu_great_smoky_mtns-2376.jpg

Correspondence: Harold L. Ickes to Zebulon Weaver, June 22, 1935

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Item 3 - Correspondence: Harold L. Ickes to Zebulon Weaver, June 22, 1935
wcu_great_smoky_mtns-2377.jpg

Correspondence: Harold L. Ickes to Zebulon Weaver, June 22, 1935

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Item 4 - Correspondence: Harold L. Ickes to Zebulon Weaver, June 22, 1935
wcu_great_smoky_mtns-2378.jpg

Correspondence: Harold L. Ickes to Zebulon Weaver, June 22, 1935

HL_MSS80_08_01_23_01_3
wcu_great_smoky_mtns-2379.jpg

Correspondence: Harold L. Ickes to Zebulon Weaver, June 22, 1935

HL_MSS80_08_01_23_01_4
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Item’s are ‘child’ level descriptions to ‘parent’ objects, (e.g. one page of a whole book).

  • Memorial Highway. See act of May 23, 1928 (45 Stat. 721). These all were transferred to the Department by Executive Order No. 6166, when the functions of the Rock Creek and Potomac Parkway Commission, and the Public Buildings and Public Parks Commission were abolished. In addition, Congress has in one instance authorized the National Park Service to make preliminary surveys looking toward the establishment of a National parkway. See act of May 21, 1934 (48 Stat. 791), relating to the Natchez Trace Parkway. While these are not acts giving general authority, they do indicate that Congress has recogni'zed the Department as the proper functionary in parkway matters. This, I am of the opinion, is sufficient to establish the authority of the Department to construct parkways under Title II of the Recovery Act as extended by the Executive order of June 7, 1935, yjhen designated as the agency for this purpose by the President. This conclusion, however, is not free from doubt. Accordingly, I recommend that the Attorney General be requested to render an opinion on the question. If a favorable Attorney General's Opinion is rendered construction may be undertaken when good title, acquired by purchase, donation or condemnation proceedings in which interested parties have been estopped from making collateral attacks, has been conveyed to the United States, even though the Via case is pending or has been decided adversely to the Virginia State Commission. I recognize that this solution does not permit the immediate letting of contracts. I recognize further that the process of purchasing land and examining title is indeed a slow one, particularly when land owners are not willing sellers. Part of this difficulty can be overcome, however, if in making purchases it is specified that title certificates or title insurance be submitted in lieu of abstracts. I am aware also that the suggestion with respect to acquiring land by condemnation is valuable only if proceedings can be brought to final judgment and awards paid within a reasonable time. These are the only alternatives, however, in the present situation. There remains open the question of the authority of the Department to maintain and operate the parkway when it is completed. There is at present no act of Congress delegating this authority to the Department, either specifically or generally, nor have funds been made available for this purpose. Further, this authority cannot be spelled out of the authority to construct the parkway found in the Recovery Act. The authority is therefore one yet to be delegated by Congress. I suggest that this delegation be secured at an early date. (Sgd) Nathan R. Margold, Solicitor.
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Great Smoky Mountains - A Park for America

This digital collection was created to contribute to the public's understanding of the forces and ideas that led to the establishment of the Great Smoky Mountains National Park in 1934. The most vi...

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