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tions of Fort_Assinaborne, Fort Custer, Fort Keogh, Fort Maginnis, Fort Missoula and Fort Shaw. By act of the Legislative Assembly approved February 14, 1891 (Montana Laws, 1891, page 262), consent was given to the purchase of and exercise of exclusive jurisdiction over and with respect to all lands within the State which are or may be embraced within the Ỳellowstone National Park, together with all such lands as are now or may hereafter be occupied and held by the United States for military purposes, either as additions to the military posts, over which jurisdiction is ceded by the Constitution of Montana, or as new or other posts or reservations established within the State for the common defense. (See Section 24, Political Code, 1935.)

Section 42 of Chapter II, Title I, Part I, Montana Political Code, 1895, provides that the Legislative Assembly consents to the purchase or condemnation by the United States of land for the purposes of erecting forts, magazines, arsenals, court houses, post offices and other needful buildings upon the express condition that all civil process issued by the courts of the State and such criminal process as may issue under authority of the State against any person charged with crime may be served and executed in the same mode and manner and by the same officers as if the purchase or condemnation had not been made. This provision has been carried in all successive codes of the State and now appears in Section 24 of Chapter II of the Political Code of 1935.

By Section 25 of the Code, supra, consent is given to purchase and exclusive jurisdiction is ceded to the United States, over and with respect to any lands within the State which shall be acquired by the United States for any of the purposes mentioned in Article I, Section 8, Clause 17 of the Constitution of the United States, reserving in the State concurrent jurisdiction of civil and criminal process of the State courts. This section contains a proviso that an accurate map or plan and description by metes and bounds of said lands shall be filed in the office of the County Clerk and Recorder of the County in which same is situated and if such lands shall be within the corporate limits of any city, such map and plan shall also be filed in the office of the City Clerk of said City and expressly reserves the right to tax all property of any railroad or other corporation having a right-of-way over or upon said lands.

MONTANA CASES: Valley County v. Thomas, 109 Mont. 345, 97 P. (2) 345; United States v. Tully, 140 Fed. 899; State ex rel. Loney V. State Industrial Accident Board, 87 Mont. 191, 286 P. 408; State v. Bruce, 106 Mont. 322, 77 P. (2) 403; Yellowstone Park Transport Company v. Gallatin Co., 31 Fed. (2) 644, reversing 27 Fed. (2) 410; State v. Bruce, 69 P. (2) 97.

NEBRASKA

By the act of the Legislature of Nebraska approved February 22, 1883 (Nebraska Laws, 1883, ap. 40, page 325), the consent of the State was granted to the purchase by the United States of such grounds as may be deemed necessary in the City of Nebraska City, Nebraska, or any other city or incorporated town in the State for the erection thereon of buildings for the accommodation of the United States circuit and district courts, post offices, land office, mints, or any other Government offices, and also for the purchase by the United States of such other lands within the State of Nebraska as the agents or authorities of the United States may, from time to time, select for the erection of forts, magazines, arsenals, and other needful buildings. Jurisdiction over such places is expressly ceded to the United States, with concurrent jurisdiction retained by the State so far as that all civil processes and such criminal or other processes as may issue under laws or authority of the State of Nebraska against any person or persons charged with crime or misdemeanor within the State may be executed therein, in the same way as if such consent had not been given or jurisdiction ceded except so far as such process may affect the real and personal property of the United States. (See Section 76-601, 76-604, Compiled Statutes of Nebraska, 1929.)

NEBRASKA CASES: Lindburg v. Bennett, 117 Neb. 66, 219 S. W. 851; In Re Ladd, 74 Fed. 31; Anderson v. Chicago and Northwestern Railway Company, 102 Neb. 578, 168 N. W. 196; Tagge v. Gulzow, 132 Neb. 276, 271 N. W. 803; United States v. Unzeuta, 281 U. S. 138, 144 S. Ct. 284. NEVADA

No general legislation ceding any part of the State's jurisdiction to the United States. Jurisdiction over the Naval Ammunition Depot Reservation at Hawthorne, Nevada, was acquired by special act of the Senate and Assembly of Nevada approved March 28, 1935.

NEVADA CASES: State v. Mack, 23 Nev. 359, 47 P. 763; 31 Atty. Gen. 294; 38 Atty. Gen. 341; 39 Atty. Gen. 155; State v. Mendez, 61 P. (2) 300; Six Companies, Inc. v. Devinney, 2 Fed. Sup. 693; Ex parte Sloan, 22 Fed. Cas. 324, No. 12944.

NEW HAMPSHIRE

By act of its Legislature approved June 14, 1883 (Laws of New Hampshire, 1883, Chap. 1, page 5), jurisdiction of the State was ceded to the United States over all such pieces or parcels of land within the limits of the State as have been or shall hereafter be selected and acquired by the United States for the purpose of erecting post offices, custom houses or other structures, exclusively owned by the United States and used for its purposes, provided that an accurate description and plat of such lands so acquired, verified by the oath of some officer of the United States having knowledge of the facts shall be filed with the Governor of the State. The right is reserved to serve civil and criminal process of the State courts. (See Title I, Sec. 1-5, Public Laws of New Hampshire, 1926.)

NEW HAMPSHIRE CASES: State V. Dimmick, 12 N. H. 194; Town of Tilton V. Town of Sanborton, 100 Atl. 981.

NEW JERSEY

By act approved March 29, 1907 (New Jersey Acts, 1907, Chap. 19, page 43), consent of the State was given to the acquisition by the United States, by purchase, condemnation or otherwise of any land within the State for the erection of dockyards, custom houses, court houses, post offices, or other needful buildings. Exclusive jurisdiction is ceded to the United States over land so acquired with the right reserved to serve_civil and criminal process of the State courts. (See Secs. 1, 2 and 3, Title 52, Chap. 30, Revised Statutes of New Jersey, 1937.)

NEW JERSEY CASES: U.S. v. Mayor and Council of Hoboken, 29 F. (2) 935; U. S. v. Andem, 158 Fed. 996; State v. Morris, 76 N. J. L. 222, 68 Atl. 1103; Steinmetz v. Śnead and Co., 123 N. J. L. 497, 9 Atl. (2) 801; Middleton v. La Compagnie Transatlantique, 100 Fed. 866; Hamburg American Steamship Co. V. Grubs, 196 U. S. 407; 13 Atty. Gen. 460.

NEW MEXICO

By act of the Legislature of the State of New Mexico approved June 10, 1912 (New Mexico Laws, 1912, Chap. 47, page 74), the consent of the State was given to the acquisition by the United States by purchase, condemnation, or otherwise of lands required for sites for custom houses, court houses, post offices, arsenals or other public buildings whatever, or for any other purposes of the Government. Exclusive jurisdiction is expressly ceded over land so acquired with the right reserved to serve civil and criminal process of the State courts. (Sections 146-101 to 146-103, New Mexico Statutes Annotated, Compilation 1929, also Sections 8-202, 8-203 and 8-204, 1941 Compilation.)

NEW MEXICO CASE: State v. Mimms, 43 N. M. 318, 92 P. (2) 993.

NEW YORK

The first legislation by the State of New York in the nature of a general cession of jurisdiction to the United States over lands acquird by it within the State was an act approved April 17, 1896 (New York General Laws, 1896, Chap. 391, p. 375), which is entitled "An act giving authority to the Governor of the State to cede jurisdiction to the United States over certain sites in the State of New York for light houses or other public works of the United States.” By this act the consent of the State was given to the purchase by the United States of any tract, piece or parcel of land from any individual or individuals, bodies politic or corporate within the boundaries of the State, situated upon or adjacent to the navigable waters thereof, for the purpose of erecting thereon light houses, beacons, light-house keepers' dwellings, works for improving navigation, post offices, custom houses and fortifications. The act provides that the Governor of the State may cede jurisdiction to the United States over lands so acquired. It also provides for the recording of all title papers and reserves to the State the right to serve civil and criminal process. The provisions of this act have been broadened by subsequent laws and the present law on the subject is found in Article IV, Section 50 et seq. of Cahill's Consolidated Laws of New York, 1941 Supplement. Section 50 (1) grants the consent of the State to the acquisition by the United States of lands "within the boundaries of this State for the purpose of parade or maneuver grounds, aviation fields, navy yards and naval stations or for the purpose of erecting thereon light houses, beacons, light-house keepers' dwellings, hospitals, sanitoria, works for improving navigation, post offices, custom houses, fortifications, and other buildings and structures for the storage, manufacture or production of supplies, ordnance, apparatus and equipment of any kind whatsoever for use of the army or navy and any other needful buildings or structures. All title papers shall be recorded in the office of the Register, if any, or if not, in the office of the County Clerk of the County where the lands are situated.” Section 51 of the Act authorizes condemnation by the United States of lands required for purposes aforesaid. Section 52 provides for cession of jurisdiction by the Governor of the State.

NEW YORK CASES: People v. Hillman, 246 N. Y. 467, 159 N. E. 409; ex parte Kernan, 272 N. Y. 560, 4 N. E. (2) 737; Farley v. Scherno, 208 N. Y. 269, 101 N. E. 891; People v. Kraus, 207 N. Y. S. 87; Stewart and Co. v. Sadrakula, 309 U. S. 94, 84 L. ed. 596, 60 S. Ct. 431; McCarthy v. R. G. Packard Co., 94 N. Y. S. 203, 182 N. Y. 555, 75 N. E. 1130; Kaufman v. Hopper, 220 N. Y. 184, 115_N. E. 470; Madden v. Arnold, 47 N. Y. S. 757, 162 N. Y. 638, 57 N. E. 1116; Alexander V. Movietonews, Inc., 273 N. Y. 511, 6 N. E. (2)_604; United States v. City of Buffalo, 54 Fed. (2) 471; In Re Grant's Estate, 144 N. Y. S. 567; In Re Town of Highlands, 22 N. Y. S. 137; People v. Vendome Service, 12 N. Y. S. (2) 183; Atty. Gen. 306; Palmer v. Barrett, 162 U. S. 399, 16 S. Ct. 837; Rockaway Pacific Corp. v. Stotesbury, 255 Fed. 345; People v. Godfrey, 17 Johns 232; 10 Atty. Gen. 34; 16 Atty. Gen. 592; People v. Lent, 2 Wheeler Cr. Cs. 548; Barrett v. Palmer, 135 N. Y. 336, 31 N. E. 1017; People v. Bondman, 161 Misc. 145, 291 N. Y. S. 213; 36 Atty. Gen. 86.

NORTH CAROLINA By act of the General Assembly of North Carolina, ratified January 24, 1907 (North Carolina Laws, 1907, Chap. 25, page 58), consent of the State was given to the acquisition by the United States by purchase, condemnation or otherwise of any land in the State required for sites for custom houses, court houses, post offices, arsenals or other public buildings whatever, or for any other purpose of the Government. Exclusive jurisdiction is expressly ceded to the United States over land so acquired reserving the right to serve civil and criminal process of the State courts. (See Section 8059, North Carolina Code of 1939.)

NORTH DAKOTA

Section 3 of an act of the Legislative Assembly of North Dakota (Laws of 1895, Chap. 81), consents to the purchase or the condemnation by the United States of land for the purpose of erecting forts, magazines, arsenals, dockyards or other needful buildings, upon the express condition that all civil process issued from the courts of the State and also criminal process that may issue under the authority of the State, against any person charged with crime, may be served and executed thereon in the same manner and by the same officers as if the purchase or condemnation had not been made. By Section 4 of the act. jurisdiction is ceded to the United States over any tract of land that may hereafter be acquired by the United States on which to establish a military post; provided that legal process, civil and criminal of the State, shall extend over such land acquired by the United States to establish a military post, in all cases in which exclusive jurisdiction is not vested in the United States, and in all cases of crimes not committed within the limits of such reservations.

NORTH DAKOTA CASE: La Duke v. Melin, 45 N. D. 349, 177 N. W. 673. OHIO

By act of the General Assembly of the State of Ohio approved May 6, 1902 (Ohio Laws, 1902, page 368), consent of the State was given to the acquisition by the United States by purchase, condemnation or otherwise of any land in the State required for sites for custom houses, court houses, post offices, arsenals or other public buildings whatever, or for any other buildings of the Government, and expressly ceded to the United States exclusive jurisdiction in and over lands so acquired, reserving the right to serve civil and criminal process of the State courts.

The foregoing act was amended by the act of May 10, 1902 (Ohio Laws 1902, page 536), to provide that nothing therein shall be construed to prevent any officers, employees or inmates of any national asylum for disabled volunteer soldiers, located on any such land over which jurisdiction is ceded, who are qualified voters of the State, from exercising the right of suffrage in all township, county and State elections in any township in which such national asylum shall be located. The act of May 6, 1902, was further amended by act of May 12, 1902 (Ohio Laws, 1902, page 625), to expressly provide that such act "Shall not be construed so as to have a retroactive operation or to apply to any land acquired by the United States for any of the purposes mentioned, prior to the date of passage thereof."

The foregoing provisions appear in substantial form in Ohio General Code Annotated 1936, at Sections 13770-13773.

OHIO CASES: Ohio v. Thomas, 173 U. S. 276, 43 L. ed. 699, 19 S. Ct. 453; Renner v. Bennett, 21 Ohio St. 431; Sinks v. Reese, 19 Ohio St. Rep. 306; United States v. Tierney, 28 Fed. Cas. 516, 517; Kohl et al. v. United States, 91 U. S. 367.

OKLAHOMA

An act of the Legislature of Oklahoma, approved April 6, 1908 (Oklahoma Statutes, 1941, Title 80, Section 1, et seq.), gives the consent of the State to the acquisition by the United States by purchase, condemnation or otherwise of any land in the State required for sites for custom houses, post offices, arsenals, forts, magazines, dockyards, military reserves, forest reserves, game preserves, national parks, irrigation or drainage projects or for needful public buildings or for any other purposes of the Government and expressly cedes to the United States exclusive jurisdiction over lands so acquired, reserving the right to serve civil and criminal process of the State courts.

OKLAHOMA CASES: St. Louis-San Francisco Railway Company V. Satterfield, 27 F. (2) 586; United States v. Hale, 39 F. (2) 188; Oklahoma City v. Sanders, 94 F. (2) 323; Sanders v. Oklahoma City, 19 Fed. Sup. 50; Utley v. State Industrial Commission, 176 Okla. 255, 55 P. (2) 762; Underhill v. State, 31 Okla. Cr. 149, 237 P. 628; Yellow Cab Transit Co. v. Johnson, 48 Fed. Sup. 594.

OREGON

By act of the Legislative Assembly of February 17, 1909 (Oregon General Laws, 1909, Chap. 60, page 107), consent was given to the United States to purchase or otherwise acquire any lands within the State for the purpose of erecting thereon any needful public buildings. The act provides that the United States may enter upon any such lands as may be purchased or otherwise acquired and shall have the right of exclusive jurisdiction over the same, except that the right is reserved to serve the civil and criminal processes of the State courts. This act appears as Section 60-1303, Oregon Code, 1930, and in Section 106-703, Oregon Compiled Laws Annotated, 1940.

Chapter 403, Oregon Laws, 1941 (Section 110-1901, Oregon Compiled Laws Annotated), provides:

Where not inconsistent with the constitution and laws of the United States, notwithstanding any provision of any other statute of this state, the laws of this state relating to the imposition and collection of taxes shall apply with respect to any property located, any sale, use or transaction occurring, any income arising, or any person residing within any federal area situated within the exterior boundaries of this state.

OREGON CASES: United States v. Wurtzbarger, 276 Fed. 753, 755; Winston Brothers v. Tax Commission, 156 Ore. 505, 67 P. (2) 7; Atkinson v. State Tax Commission, 156 Ore. 461, 67 P. (2) 161, 303 U. S. 20, 58 S. Ct. 419; Crater Lake National Park Company v. Oregon Liquor Control Commission, 26 Fed. Sup. 363; 17 Atty. Gen. 460.

PENNSYLVANIA

The only general legislation of Pennsylvania ceding to the United States jurisdiction over lands acquired for its uses is the act of June 13, 1883, as amended, which appears in Title 74, Section 1 of Purdon's Pennsylvania Statutes, 1936, and which cedes to the United States jurisdiction over such pieces or parcels of land not exceeding ten acres in any one township, ward, city or borough within the limits of the State, as has been or shall hereafter be selected and acquired for the purposes of erecting post offices, custom houses or other structures, and provides that an accurate description and plan of such land shall be filed with the Department of Internal Affairs of the State.

Where jurisdiction is desired over land not falling within the limits of the foregoing act, special cession of the State is required.

PENNSYLVANIA CASES: County of Allegheny v. McClung, 53 Pa. St. Rep. 482; Manlove v. McDermott, 308 Pa. 384, 16 Atl. 278; Manlove v. McDermott, 104 Pa. Sup. Ct. 560, 158 Atl. 627; Penn Dairies v. Milk Control Commission, 318 U. S. 261; 19 Atty. Gen. 247; Capetola v. Barclay White Co., 139 F. (2) 559; Kiker v. Philadelphia, 346 Pa. 624, 31 A. (2) 289.

PUERTO RICO

Puerto Rico is the only insular or territorial government which has, by express enactment, undertaken to recede part of its jurisdiction to the United States. By act of the legislature of Puerto Rico of February 16, 1903, consent was given to the United States to acquire for naval, military or other public purposes, by purchase or condemnation, any lands within the Island of Puerto Rico. The act provides that when lands are so acquired and possession thereof shall have been taken by the United States, all jurisdiction over such lands by the people of Puerto Rico shall cease and determine. The act further expressly provides that exclusive jurisdiction is hereby ceded to the United States over any and all lands that may hereafter be acquired by it in the Island of Puerto Rico by purchase or condemnaton and over any and all lands and the shores thereof, including streets and other public highways conveyed to it by the people of Puerto Rico pursuant to its provisions. Concurrent jurisdiction is retained in the people of Puerto Rico over offenses committed within the limits of the lands so conveyed, such jurisdiction, however, to be exercised only upon complaint of the officer of the Navy or other officer of the United States in charge thereof.

PUERTO RICO CASES: Rivera v. Lawton, 35 Fed. (2) 823; Balzar v. Puerto Rico, 258 U. S. 298; Lastra v. N. Y. and Puerto Rico S. S. Co., 2 Fed. (2) 812; Velasquez v. People of Puerto Rico, 77 Fed. (2) 431; 23 Atty. Gen. 564.

RHODE ISLAND By act approved May 13, 1896, the consent of the State of Rhode Island was given to the purchase by the Government of the United States of any tract, piece or parcel of land for the purpose of erecting thereon light houses, beacon lights, range lights, life saving stations and light-keepers' dwellings and other needful buildings connected therewith, or for the erection, construction or prosecution of forts, fortifications, coast defenses and appurtenances thereto. The act provides that all deeds, conveyances or title papers for the same shall be recorded as in other cases upon the land records of the town in which the land may lie.

The provisions of the foregoing act, as amended, appear in General Laws of Rhode Island, 1938, Chap. 2, Section 1, et seq. By Section 1, consent is given to the purchase of land for the purpose of erecting thereon post offices, light houses, beacon lights, range lights, life saving stations, and light-keepers' dwellings, and other needful buildings, and for the location, construction or prosecution of forts, fortifications, coast defenses and appurtenances thereto, or for the erection and maintenance of any cable lines, landing places, terminal stations and other needful buildings connected therewith for weather bureau purposes, or for the establishment of naval stations, coal depots, or the erection of buildings, piers, wharves or other

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