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the service of civil process and criminal process processes and discharge such other legal functions against persons charged with crimes committed out within it as might not be incompatible with the of such territory, the government of the United true intent and meaning of these acts. The ques. States has the sole and exclusive jurisdiction over tion having been submitted to the Attorney-Genesuch territory for all purposes of legislation and ral, he replied that the sole object and effect of the jurisprudence, with the single exceptions expressed; | reservation was to prevent the place from becoming and consequently that no persons are amenable to a sanctuary for fugitives from justice for acts done the laws of the commonwealth for crimes and within the acknowledged jurisdiction of the State, offenses committed within said territory; and that and that in all other respects the exterritoriality of persons residing within the same do not acquire the the armory at Harper's Ferry was complete, in so civil and political privileges, nor do they become far as regards the State ; that the persons in the subject to the civil duties and obligations of in- employment of the United States, actually residing habitants of the towns within which such territory in the limits of the armory, did not possess the civil is situated."

and political rights of citizens of the State, nor And accordingly they were of the opinion that were they subject to the tax and other obligations persons residing on such lands were not entitled to of such citizens. (6 Ops, Attys-Gen., 577. See the benefits of the common schools for their also the case of New York Post-office site, 10 Id, 35. children in the towns in which said lands were These authorities are sufficient to support the situated. (1 Met. 580.)

proposition which follows naturally from the lanIn Sinks v. Reese (19 Ohio St., 306) the question guage of the Constitution, that no other legislative come before the Supreme Court of Ohio, as to the powers than that of congress can be exercised over effect of a proviso in the act of that State, ceding lands within a State purchased by the United to the United States its jurisdiction over lands States with her consent for one of the purposes within her limits for the purposes of a national designated, and that such consent under the Conasylum for disabled volunteer soldiers, which was, stitution operates to exclude all other legislative that nothing in the act should be construed to anthority. prevent the officers, employes and inmates of the But with reference to lands owned by the United asylum, who were qualified voters of the State from States, acquired by purchase without the consent of exercising the right of suffrage at all township, the State, or by cessions from other governments, county and State elections in the township in which the case is different. Story, in his commentaries the national asylum should be located. And it was on the Constitution, says, “If there has been no held that, upon the purchase of the territory by the cession by the State of the place, although it has United States, with the consent of the Legislature been constantly occupied and used under purof the State, the general government became in-chase or otherwise by the United States for a fort vested with exclusive jurisdiction over it and its or arsenal or other constitutional purpose, the State appurtenances in all cases whatsoever ; and that the jurisdiction still remains complete and perfect," and inmates of such asylum resident within the terri- in support of this statement he refers to People v.. tory, being within such exclusive jurisdiction, Godfrey, 17 Johns. 225. In that case the land on were not residents of the State so as to entitle them which Fort Niagara was erected in New York, to vote, within the meaning of the Constitution never having been ceded by the State to the United which conferred the elective franchise upon its States, it was adjudged that the courts of the State residents alone.

bad jurisdiction of crimes or of offenses against the To the same effect have been the opinions of the laws of the State committed within the fort or its Attorney-General, when called for by the head of precincts, although it had been garrisoned by the one of the departments. Thus, in the case of the troops of the United States and held by them since armory at Harper's Ferry, in Virginia, the question its surrender to Great Britain, pursuant to the arose whether officers of the army, or other persons treaties of 1793 and 1794. In deciding the case the residing in the limits of the armory, the lands com court said that the possession of the post by the prising which had been purchased by consent of United States must be considered as a possession the State, were liable to taxation by her. The con for the State, not in derrogation of her rights, obsent had been accompanied by a cession of jurisdic- serving that it regarded it as a fundamental prin tion with a declaration that the State retained con- ciple that the rights of sovereignity were not to be current jurisdiction with the United States over the taken iway by implication. “If the United place so far as it could be consistently with the States,” the court added, “had the right to excluacts giving consent to the purchase and ceding sive legislation over the fortress of Niagara, they jurisdiction and that its courts, inagistrates and wonld have also exclusive jurisdiction, but we are of officers might take such cognizance, execute such the opinion that the right of exclusive legislation


within the territorial limits of any State can be missioners of all that may be necessary for canal acquired by the l'nited States only in the mode and harbor purposes.' Under this act the title was pointed out in the Constitution, by purchase, by conveyed to the l'nited States. The act also ceded consent of the legislature of the State in which the to them jurisdiction over the land. In 1880, the same shall be, for the erection of forts, magazines, Superintendent of Public Works of New York, upon arsenals, dock yards and other needful buildings. whom the duties of canal commissioner were de. The essence of that provision is that the State shall volved, informed the Secretary of War that the infreely cede the particular place to the United States terests of the State required that the land, or a porfor one of the specific and enumerated objects. tion of it, should be occupied by her for canal purThis jurisdiction cannot be acquired tortiously by poses, claiming the right to thus occupy it under the dissessin of the State; much less can it be acquired reservation in the act of cession. The opinion of by mere occupancy, with the implied or tacit con the Attorney-General was therefore requested as to sent of the State, when such occupancy is for the the authority of the Secretary of War to permit the purpose of protection.”

State, under these considerations, to use so much of herefore, lands are acquired in any the land as would not interfere with its use for other way by the United States within the limits of military purposes. The Attorney General replied a State than by purchase with her consent, they that the United States, under the grant, held the will hold the lands subject to this qualification: land for military purposes and that the reservation that if. upon them forts, arsenals or other public in favor of the State could be deemed valid only so buildings are crected for the use of the general | far as it was not repugnant to the grant; that, goverment, such buildings, with their appurte- hence, the right of the State to occupy and use the nances as instrumentalities for the execution of its premises for canal or harbor purposes must be repowers, will be free from any such interference and garded as limited or restricted by the purposes of jurisdiction of the State as would destroy or im- the nt; that when such use and occupation pair their effective use for the purposes designed. would defeat or interfere with those purposes, the Such is the law with reference to all instrumentali- right of the State did not exist; but when they ties created by the general government. Their ex would not interfere with those purposes, the State emption from State control is essential to the inde was entitled to use so much of the land as might be pendence and sovereign authority of the United necessary for her canal and harbor purposes."

(16 States within the sphere of their delegated powers. Ops. Ittys.-Gen. 592.) But, when not used is such instrumentalities, the “We are here met with the objection that the legislative power of the State over the places ac- legislature of a State has no power to cede away quired will be, as full and complete us over any her jurisdiction and legislative power over any porother places within her limits.

tion of ber territory, except as such cession follows “As already stated the land constituting the Fort under the Constitution from her consent to a purLeavenworth Military Reservation was

chase by the United States for some one of the purchased but wis owned by the l'nited States by ses

poses mentioned. sion from France many years before Kansas became But aside from tbis consideration, it is undoubta State; and whatever political sovereignty and edly true that the State, whether represented by her doininion the United States had over tie place legislature, or through a convention specially called comes from the cession of the State since her ad- for that purpose, is incompetent to cede her politimission into the l'nion. It not being a case where cal jurisdiction and legislative authority over any exclusive legislative authority is vested by the l'on-part of her territory to a foreign country without stitution of the United States, that cession could the concurrence of the general government. The be accompanied with such conditions as the State jurisiliction of the United States extends over all might see fit to annex, not inconsistent with the the territory within the States, and, therefore, their free and effective use of the fort as il military authority must be obtained as well as that of the post."

State within which the territory is situated before “In the recent case of Fort Porter Military any cession of sovereignty or political jurisdiction Reservation, the opinion of the Attorney-Cieneral

can be made to a foreign country.” was in conformity with this view of the law. On the 28th of February, 1812, the Legislature of the "In their relation to the general government the State of New York authorized the commissioners of States of the Uniou stand in a very different posiits land ofřice to cede to the United States the title tion from that which they hold to foreign governto certain land belonging to the State within her ments. Although the jurisdiction and authority of limits 'for military purposes, reserving a free and the general government are essentially different uvinterrupted use and coutrol in the canal com from those of the State, they are not of a different

not pure


country; and the two, the State and the general CONTRACT:-DAMAGES. Where plaintiff, on the government, may deal with each other in any way promise of defendant, to make papers giving her they may deem best to carry out the purposes of the property to the plaintiff's wife, after defendant's Constitution. It is for the protection and interests death, if plaintiff would move" from his residence" of the States, their people and property, as well as to defendant's home, and take care of her, moved for the protection and interests of the people genelis buildings outo defendant's property, he cannot rally of the United States, that forts, arsenals and recover therefor, on defendant's repudiation of the other buildings for public uses are constructed agreement and refusal to allow plaintiff to remove within the States. As instrumentalities for the exe them; moving the buildings having been either a cution of the powers of the general government, gratuitous act, or at most a means by which plainthey are, as already said, exempt from such control tiff enabled himself to do his stipulated part. of the States as would defeat or impair their use for (Kenerson v. Colgan (Mass.], 41 N. E. Rep. 122.) those purposes; and if, to their more effective use,

EQUITY — BILL TO CANCEL TAX DEEDS. — A bill by a cession of legislative authority and political juris a landowner to cancel numerous tax deeds, held by diction by the State would be desirable, we do not

different persons under a sale made by the commisperceive any objection to its grant by the Legisla- sioner of school lands, in West Virginia, in one ture of the State. Such cession is really as much proceeding to forfeit the lands for taxes, may be for the benefit of the State as it is for the benefit of | maintained as a bill to remove cloud from title, the United States. It is necessarily temporary, to and on the ground of avoiding a multiplicity of be exercised only so long as the places continue to

suits, where all the parties claim under a common be used for the public purposes for which the prop

source of title. (Ulman v. Iaeger [U. S. C. C., W. erty was acquired or reserved from sale. When

Va.], 67 Fed. Rep. 980.) tliey cease to be thus used the jurisdiction reverts

ESTOPPEL AGAINST THE UNITED STATES.—A suit to the State. (114 U, S. 512.)

in which the United States has no interest, and in To summarize the conclusions arrived at in these

which it is under no obligation either to the public various avljudications we might say in regard to this

or to the party for whose benefit the suit is brought, part and reservation, as well as all others where the conditions are similar :

can be sustained no better in the name of the United 1. The State courts have no jurisdiction of any

States than in the name of the real party in interkind of crimes committed thereon, and can only est; and an estoppel which would operate against serve process for crimes committed outside of it.

the rights of such party will bar recovery, notwith2. Only Federal courts have concurrent jurisilic- plainant. (I'nion Pac. Ry. Co. v. United States (U.

standing that the United States is the formal comtion with courts-martial.

3. Between these last two, the one that first takes S. C. C. of App.}, 67 Fed. Rep. 975:) cognizance of the offense is the one that has a right

MALICIOUS PROSECUTION. : - An action for malito retain it and cannot be interfered with by the cious prosecution will lie for maliciously and without other, but may proceed to a finality regardless of probable cause procuring a criminal warrant to be the other.

issued on a complaint under Laws U. S. 1885, ch. PLATTSBURGII, N. Y.


164, providing for the recovery of a penalty for assisting the immigration of aliens under contract

to perform labor, even though the statute is not Abstracts of Recent Decisions. criminal. (Buethner v. Ellinger [W'is.], 63 N. W.


NEGOTIABLE INSTRUMENTS NOTICE OF PROTEST. statute allowing attachments where a debtor has the probative force of the official certificate of a fraudulently conveyed or assigned his effects so as

motary that he deposited in the post-office notice to to hinder and delay his creditors, does not authorize an indorser of the non-payment of a bill or note is attachments where the debtor has, without fraud 11

not overcome by evidence of its non-receipt, standlent intent, made a conveyance which is only con- ing alone, and unaccompanied by evidence that the structively fraudulent. (Weare Commission ('0. v.

notice was not in fact deposited in the post-office. Druley [111. ], 41 N. E. Rep. 18.)

(Roberts v. Wola, ( Minn.], 63 N. W. Rep. 739). CARRIERS OF GOODS - BAILMENT. —The rightful REMOVAL OF CAUSES. — The mere fact that the owner of personal property in the possession of a defendant is a United States marshal justifying uncommon carrier, or other bailee, may enforce his der a writ of attachment issued from the Federal right thereto, although a stranger to the contract of court for this district, does not confer upon him bailment. (Shellenberg v. Fremont, E. & M. V. R. any right of removal of the cause to that court. Co. (Neb. ], 63 N. W. Rep. 859.)

(Walker v. Coleman (Kan.), 40 Pac. Rep. 640.)

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the utmost attention throughout and created an The Albany Law Journal.

exceedingly favorable impression, not only as

to the ability of Judge Tast but as to the corALBANY, SEPTEJBER Ķ, 1895. rectness of the position and views taken by him

on the subject discussed. Current Lopics.

Justice Brewer of the United States Supreme [All communications intended for the Editor should be ad-Court, in his address upon the necessity for a dressed simply to the Editor of THE ALBANY LAW JOURNAL. All letters relating to advertisements, subscriptions, or other higher legal education, took high ground in business matters, should be addressed to THE ALBANY LAW

favor of a thorough and complete education of JOURNAL COMPANY.]

the bar, urging the necessity for careful and "HE eighteenth annual meeting of the

American Bar Association, recently held systematic teaching and study and calling atat Detroit, was from every point of view one of be maintained by the bar in its relations to the

tention to the high position which is and should the most interesting in the history of the Asso public, not only as lawyers but as men influenciation. The meeting extended over a period tial in guiding and governing public affairs. of four days, instead of three as heretofore, this It was a plea for the education of lawyers not having been arranged at the suggestion of the only as lawyers, but as fitting them for public Detroit bar, with a view of enabling it to extend life and to exert the influence which they have courtesies to the Association which would have been and necessarily must he called upon to been impossible within more limited time. The

exert in connection with public affairs. It is address of President Carter, as was to have been

worthy to be ranked with Judge Brewer's notaexpected was very much more than the resume

ble address before the New York State Bar of legislation throughout the United States. Issociation two years ago which attracted which is required by the Constitution of the widespread and deserved attention. Association. It contained many able and pertinent suggestions, and we hope at a very early

A paper by Judge William Wirt Howe, of day to be able to publish at least that portion of New Orleans, treating upon the relations of it other than the mere formal part relating to

the civil law and the common law, brought to the last year's legislation. President Carter

the attention of the bar very many of the feapresided with great acceptability: His reply to

lures common to the Roman jurisprudence and the exceedingly humorous address of welcome, by that of England. Judge Howe traced the rise John M. Dickinson, on behalf of the Detroit and progress of the English law in its relation bar and the citizens of Detroit, was inimitable

to the civil law in force in continental Europe, as an impromptu effort and showed Mr. Car- and cited very many English authorities in ter in a light entirely new to those who know favor of the view that very much that is emhim only as a lawyer, as it developed a vein of braced in the common law has been derived humor of which heretofore he has not been suis

from Roman sources. It was an exceedingly pected, and the same remark might well be polished as well as instructive paper, and must made with reference to his address at the close tend to create an interest in the civil law, which of the meeting at the annual dinner of the 1s was urged by the Committee on Legal Educasociation, it which he presided as toastmaster. tion as a proper topic for study in the law He was certainly at his best during the entire schools throughout the country. meeting

We publish in this issue the report of the The annual address by Judge Taft was a committee on Law Reporting, presented to the notable effort in its discussion of the legal Association through J. Newton Fiero, its phases of the Chicago riots of last year. The chairman, and concurred in by the entire composition of Judge Taft upon the bench, his re-' mittee, with the exception of Judge Dillon, lation to a portion of this litigation and his who is abroad, and was, as is stated in the reability as a lawyer all conspired to render it ad port, unable to take part in its preparation. most interesting production. Although of great. The movement for this committee began last length, it was received by the association with year through the thorough acquaintance of

VOL. 52 - No. 10.

Judge Dillon with the subject and his knowl- Ex-Governor Alger, in which he said he had in edge of what had been accomplished in the his early days been admitted as a member of State of New York through the Committee on the bar, the committee having reported favorLaw Reform of that Association. Upon the ably upon his answers to three questions, one completion of the reading of the report, on of which he answered wrong and two right. . motion of Judge Baldwin, of Connecticut, the He followed this by saying that he undertook committee was made a permanent committee to answer the first question and was informed of the Association, and the constitution and by- that he was wrong; that in reply to the next laws were, by a unanimous vote, amended two questions he said he didn't know and was for that purpose.

This was followed by a promptly informed by the committee that he motion requesting the chair to reappoint tlie was right. same committee; as to this, however, President

Justice Brown, in his address, referred to the Carter took time by the forelock and reappointed

measure of success which has attended the orthe committee without putting the matter to the ganization of circuit courts of appeal of the vote of the Association.

United States, showing that there is every The matter of preparing suitable indices to reason to believe that so soon as the Supreme the law reports and a uniform system of titles Court is relieved of the work accumulated befor digests, was also referred to the same com fore the organization of these courts, it will be mittee, and on motion of Mr. Fiero, on behalf fully abreast of its work. In this lies a sugof the committee, Austin Abbott was requested gestion of the possibility, and perhaps the to co-operate with the committee in this mat- probability that the Court of Appeals of New ter, and aid in the preparation of a set of titles York may also be so fortunate by reason of which may be adopted throughout the country the organization of the new appellate division in the indices to the reports and the digests.

of the Supreme Court which is organized upon The hospitality of the city of Detroit and of substantially the basis of the circuit courts of the bar of Detroit was not stinted. On the appeal and for somewhat the same purpose. first evening of the meeting, ex-Governor

One of the more important matters brought Alger invited the members of the Association

to the attention of the association is the matter to a reception given Justices Brown and Brewer of a uniform system of procedure throughout of the United States Supreme Court, Judge the English speaking countries in connection Taft of the Circuit Court of Appeals and with the study of comparative law upon that President Carter, at which were present very subject. This matter has attracted the attenmany members of the bar of Detroit as well tion of the English bar to a very considerable as several of its leading citizens, in addition, extent during the past few months and as a reto the members of the association. This sult, as stated by him, of communications was followed on Wednesday by a sail upon from leading English barristers, Mr. J. Newton the Detroit river and Lake St. Clair on

Fiero moved the adoption of the following presteamer chartered for that purpose, on which amble and resolution : occasion the members of the association were

Whereas it is desirable that this association the guests of the Detroit bar.

On Thursday inquire into and collate the facts relative to the several of the citizens of Detroit placed at the movement in progress to further a uniform sysdisposal of the bar their steam yachts for the tem of legal procedure, and the study of compurpose of entertaining the association on a

parative law on that subject throughout the trip upon the river and Lake St. Clair, a mem- English speaking world, Resolved, that a comber of the local bar accompanying each yacht mittee of five be appointed for that purpose." and acting as host. The hospitality was ex

This committee will be appointed by the tended in a most unostentatious manner and re-newly elected President Moorfield Storey, of flects very much credit upon the members of Boston, and will enable the association, by the bar and citizens of Detroit.

correspondence and otherwise, to compare the The annual dinner was a very decided suc- workings of the various systems of procedure

An exceedingly apt address was made byl under the common law and the code in this



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