1914's Illinois Monument Report - Cover

Description: 

Report on the monuments, markers, and tablets describing the Illinois Monument of Kennesaw Mountain National Battlefield Park. The report describes the Illinois Monument in detail including inscriptions, dimensions, and location of the monument. Includes photos of the Illinois Monument as it appeared at the time the report was written

 

Research Areas: 

This monument has been vandalized and has undergone previous cleanings.  There are newspaper clippings and photo's in the KMNBP archives showing trees growing up and around the base of the monument due to the lack of proper upkeep.  The monument currently is scheduled to undergo another revamping from vandalism, as the park is planning a 100 year celebration in honor of the monument's creation.

The Monument was produced by the McNeel Marble Company, in Marietta, GA, a company with an interesting history. For example:  there was a scandal in which the McNeel company was accused of selling a monument, "The Doughboy" (a memorial honoring their military service men) to the small town of Clarksville, Tenn.  The monument of "The Doughbough," in which the marble company claimed the sculpture be made of "Italian marble" and to have been carved in Italy appears to be a fake. 

I also found a reference to an Alabama court case involving the marble company (see below for leads).  The reference of the Marble Company's previous case appeared to be reference in the Alabama's case verdict. 

There is one known book about the McNeel Company, which is housed in the University of Georgia's library. 

(2) photos's of this company are also housed in the "Vanishing Georgia Collection" in the Georgia Archives.  - Lynne Tipton

The McNeel Company made numerous monuments around the country and closed their doors in the 1960's.

 

Reference to the Alabama case:

620 F.2d 504

DOTHAN AVIATION CORPORATION, Plaintiff-Appellant,
v.
Harry MILLER, Defendant-Appellee.

No. 78-2090.

United States Court of Appeals,
Fifth Circuit.

July 2, 1980.

J. William Haley, Atlanta, Ga., for plaintiff-appellant.

Burt, Burt & Rentz, D. D. Rentz, Albany, Ga., for defendant-appellee.

Appeal from the United States District Court for the Middle District of Georgia.

Before COLEMAN, Chief Judge, REAVLEY and ANDERSON, Circuit Judges.

R. LANIER ANDERSON, III, Circuit Judge: 

4

We will assume arguendo that there was an oral agreement which incorporated the terms of the 1976 unsigned written employment contract. Our opinion is limited to a review of the district court's second holding, i. e., that the covenant was unreasonable under Georgia law. Dothan attacks this holding on the ground that the district court erred in applying Georgia law, rather than Alabama law, in determining the legality of the covenant. Dothan's argument is based on the contract's choice of law clause, which provides that the contract "shall be governed by the laws of the State of Alabama." Under Alabama law, Dothan contends, the covenant would be upheld because Alabama courts, unlike Georgia courts, follow the "blue pencil theory" of severability. That theory would permit the court to judicially cut back the territorial restraint at issue to the extent it was unreasonable. See Daughtry v. Capital Gas Co., 285 Ala. 89, 229 So.2d 480, 484 (1970); McNeel Marble Co. v. Robinette, 259 Ala. 66, 65 So.2d 221 (1953).

4

We will assume arguendo that there was an oral agreement which incorporated the terms of the 1976 unsigned written employment contract. Our opinion is limited to a review of the district court's second holding, i. e., that the covenant was unreasonable under Georgia law. Dothan attacks this holding on the ground that the district court erred in applying Georgia law, rather than Alabama law, in determining the legality of the covenant. Dothan's argument is based on the contract's choice of law clause, which provides that the contract "shall be governed by the laws of the State of Alabama." Under Alabama law, Dothan contends, the covenant would be upheld because Alabama courts, unlike Georgia courts, follow the "blue pencil theory" of severability. That theory would permit the court to judicially cut back the territorial restraint at issue to the extent it was unreasonable. See Daughtry v. Capital Gas Co., 285 Ala. 89, 229 So.2d 480, 484 (1970); McNeel Marble Co. v. Robinette, 259 Ala. 66, 65 So.2d 221 (1953).

#4

We will assume arguendo that there was an oral agreement which incorporated the terms of the 1976 unsigned written employment contract. Our opinion is limited to a review of the district court's second holding, i. e., that the covenant was unreasonable under Georgia law. Dothan attacks this holding on the ground that the district court erred in applying Georgia law, rather than Alabama law, in determining the legality of the covenant. Dothan's argument is based on the contract's choice of law clause, which provides that the contract "shall be governed by the laws of the State of Alabama." Under Alabama law, Dothan contends, the covenant would be upheld because Alabama courts, unlike Georgia courts, follow the "blue pencil theory" of severability. That theory would permit the court to judicially cut back the territorial restraint at issue to the extent it was unreasonable. See Daughtry v. Capital Gas Co., 285 Ala. 89, 229 So.2d 480, 484 (1970); McNeel Marble Co. v. Robinette, 259 Ala. 66, 65 So.2d 221 (1953).

Title: 
Illinois Monument Report
Date: 
1914
Format: 
photo
Current Location of Original: 
Kennesaw Mountain National Battlefield Park Research Library
Custodial History: 
Photo taken by Lynn Tipton and Rick Dreger
Suggested Citation: 
Kennesaw Mountain National Battlefield Park Research Library