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. Snead and Co., 123 N. J. L. 497, 9 Atl. (2) 801; Middleton v. La Compagnie Transatlantique, 100 Fed. 866; Hamburg Ámerican 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 boun

daries 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 TV, 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; 33 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

structures for naval purposes, or for the establishment of fish or lobster cultural stations or hatcheries or the erection or construction of other needful buildings connected therewith, or for the erection or construction of piers, wharves, dams, or other structures for use in connection with said fish or lobster cultural stations or hatcheries. This section also requires the recording of all title papers. By Section 9, the right is reserved to serve civil and criminal process of the State courts.

RHODE ISLAND CASE: United States v. Cornell, 25 Fed. Cas. 646, No. 14867.

SOUTH CAROLINA

By act approved February 11, 1871 (Session Laws of 1871, Chap. 14, page 535), the jurisdiction of the State is ceded to the United States over so much land as is necessary for the public purposes of the United States. It is provided, however, that such jurisdiction shall not vest until the United States shall have acquired the title to the lands by grant or deed from the owner or owners thereof, and the evidence thereof shall have been recorded in the office, where, by law, the title to such land is recorded. The right is reserved to serve civil and criminal process of the State courts.

By act approved February 19, 1908 (Session Laws of 1908, XXV, 1127), the consent of the State is given to the acquisition by the United States by purchase, condemnation or otherwise, of any 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 to the United States over lands so acquired reserving the right to serve civil and criminal process of the State courts. See Code of Laws, S. C. 1932, Sec. 2042, Chap. 93, Title 23, Vol. II.)

SOUTH CAROLINA CASE: 8 Atty. Gen. 102.

SOUTH DAKOTA

An act of the Legislature of South Dakota approved February 18, 1891 (Laws of South Dakota, 1891, Chap. 95, page 224), gave the consent of the State to the purchase by the United States of any tract, piece or parcel of land from any individual, individuals or bodies politic or corporate for the purpose of erecting needful public buildings of whatever kind or character. The act requires the filing of title papers in the county in which the land is situated and also provides that there may be recorded a sufficient description by metes and bounds, courses and distances, of lands belonging to the United States which may be set apart for any of the purposes above mentioned, by order, patent or other official documents or papers describing said land.

By another act approved February 18, 1891 (Laws of South Dakota, 1891, Chap. 96, page 225), jurisdiction is ceded to the United States over so much land as may be necessary and appurtenant to any site or sites for the erection, construction and maintenance of any and all needful United States Government buildings, not to exceed ten acres in each site so selected, reserving to the State the right to serve civil and criminal process of the State courts. This act required the filing with the Secretary of the State of South Dakota of a map of the territory so selected.

By act approved March 12, 1895 (Laws of South Dakota, 1895, Chap. 129, page 148), the United States is granted the power to purchase or condemn any land in the State required for public works or other purposes of the Government of the United States and jurisdiction of the State over such land is expressly ceded to the United States. The right to serve civil and criminal process of the State courts is reserved.

The substance of the foregoing acts are incorporated in Secton 55.0102 of South Dakota Code of 1939, which gives the consent of the legislature to the purchase or condemnation by the United States of any tracts of land within the State owned by any natural person or private corporation required by the United States for any public building, public works or other public purposes; provided that in the case of public buildings, such tract shall not exceed ten acres in extent. The right is reserved to serve civil and criminal process of the State courts. A map of any lands so acquired shall be filed and recorded in the office of the Secretary of State, and the evidence of the United States' title shall be recorded in the county wherein the land is situated as in other cases relating to the transfer of real property.

SOUTH DAKOTA CASE: McMahon v. Polk, 10 S. D. 296, 73 N. W. 77.