(Last update: September 1, 1999)
STATE COURT JURISDICTION CASES:
1. Brook v. State, 155 Ala. 78, 46 So. 491 (1908):
Defendant charged with assault and battery occurring in Post Office in rented building; court simply held state court had jurisdiction.
2. Webb v. J. G. White Engineering Corp., 204 Ala. 429, 85 So. 729 (1920):
Webb worked on U.S. property in Muscle Shoals; fire in bunkhouse injured him and he sued his employer. White averred lack of state court jurisdiction. Webb's suit was dismissed on grounds of lack of jurisdiction in state court. Supreme Court affirmed, and discussed major jurisdiction cases in holding there was no state jurisdiction.
3. Garrison v. State, 22 Ala. App. 444, 116 So. 706 (1928):
Possession of still and manufacturing whiskey in federal forest reservation; court held Alabama had jurisdiction over such lands.
4. Hagood v. State, 23 Ala. App. 138, 122 So. 299 (1929):
Still operated in federal forest; Alabama found to have jurisdiction.
5. Pound v. Gaulding, 237 Ala. 387, 187 So. 468 (1939):
Worker on construction project at Fort McClellan injured when scaffold fell. Suit under Employer's Liability Act upheld on grounds that such act was a law in effect at time U.S. acquired exclusive jurisdiction of property, thus this law was applicable in case.
6. State v. Blair, 238 Ala. 377, 191 So. 237 (1939):
Blair sued by State for gasoline excise tax for gas stored at Maxwell Field in Montgomery, such property being under U.S. exclusive jurisdiction. Verdict against state upheld on grounds of lack of jurisdiction at Maxwell. Case cites the major jurisdiction cases.
7. O'Pry Heating & Plumbing Co. v. State, 241 Ala. 507, 3 So.2d 316 (1941):
U.S. got land for veteran's hospital, and contracted with O'Pry for certain improvements to hospital. State sought to collect contractor's license. Court held state could not force licensing on contractor. In so holding, court held that revenue laws of state, even if in effect at time of cession, did not operate therein afterwards.
8. Oldham v. State, 37 Ala. App. 251, 67 So.2d 52 (1953):
Defendant charged and convicted of transporting liquor, being caught in a national forest. Court affirmed conviction holding that Alabama has criminal jurisdiction within national forests.
9. Oldham v. State, 259 Ala. 507, 67 So.2d 55 (1953):
Conviction affirmed, court holding that Alabama has criminal jurisdiction over federal forest reservations.
1. In re Long's Petition, 200 F.Supp. 313 (D.Alaska 1961):
Long was charged by state with burglary of building at Point Barrow within Naval Petroleum Reserve No. 4. He filed habe contending that state had no jurisdiction. The court found, however, that the state had concurrent jurisdiction and denied petition.
1. Kahn v. Arizona State Tax Comm., 16 Ariz. App. 17, 490 P.2d 846 (1971):
Kahn was a lawyer residing on Indian reservation and objected to state income tax on jurisdictional grounds. But, court held that the reservation was within state's jurisdiction and sustained the tax.
2. State v. Dykes, 114 Ariz. 592, 562 P.2d 1090 (1977):
Expedition to Gila Bend Gunnery Range to steal shell casing, Gila Bend being U.S. property. Dykes left men in desert who died of thirst. Held, that State had criminal jurisdiction over land as U.S. didn't have exclusive jurisdiction.
1. Garland County v. Gaines, 56 Ark. 227, 19 S.W. 602 (1892):
U.S. leased property in Hot Springs reservation, a place subject to state jurisdiction. Leasehold interest held taxable by state.
2. Arlington Hotel Co. v. Fant, 176 Ark. 613, 4 S.W.2d 7 (1928), aff'd, 278 U.S. 439, 49 S.Ct. 227 (1929):
Fire in hotel in Hot Springs National Park, and question related to which laws, before and after cession, applied in a U.S. enclave. Held, laws before applied, laws after did not.
3. Young v. G. L. Tarlton, 204 Ark. 283, 162 S.W.2d 477 (1942):
Question of whether Workmen's Compensation law applied in federal enclave; held, it did by express Congressional act.
4. Lynch v. Hammock, 204 Ark. 911, 165 S.W.2d 369 (1942):
Physician working in federal enclave held not subject to licensing by state.
5. Ladwig v. Nance, 223 Ark. 559, 267 S.W.2d 314 (1954):
Masseurs at Hot Springs National Park held not subject to state law regarding registration.
6. Miller v. State, 225 Ark. 285, 281 S.W.2d 946 (1955):
Miller had contract to perform work on property leased to U.S. Ramsey had contract to construct on federal property, but as to both tracts, U.S. did not accept jurisdiction. In prosecution for violating licensing act, court held both amenable to state jurisdiction.
7. Kurck v. State, 235 Ark. 688, 362 S.W.2d 713 (1962):
Rape committed on lands owned by U.S., but for which jurisdiction had not been accepted. Held, state had jurisdiction.
1. People v. Mouse, 203 Cal. 782, 265 P. 944 (1928):
Crime committed in Home for Disabled Soldiers, in U.S. exclusive jurisdiction, could not be prosecuted in state court.
2. People v. Standard Oil Co. of California, 218 Cal. 123, 22 P.2d 2 (1933):
State action to collect gas excise taxes for sales made by Standard Oil to the Presidio. Here, court held that state had the jurisdiction to tax. Reversed, Standard Oil Co. v. California, 291 U.S. 242, 54 S.Ct. 381 (1934).
3. Allen v. Industrial Accident Comm., 3 Cal.2d 214, 43 P.2d 787 (1935):
Worker injured at Fort Miley, enclave subject to U.S. jurisdiction, sought Workmen's Comp. benefits; same denied because the Commission had no jurisdiction on federal property.
4. Standard Oil Co. of Calif. v. Johnson, 10 Cal.2d 758, 76 P.2d 1184 (1938):
Question of imposition of sales tax on gas in several national parks in California. Held, since legislative act reserved right to tax in cession acts, tax was collectible.
5. Martin v. Clinton Const. Co., 105 P.2d 1029 (Cal.App. 1940):
Injury occurred during construction of San Francisco-Oakland bridge, which passes through Yerba Buena Island, in U.S. jurisdiction. Case deals with application of state comp. laws in such situations, identical to Murray v. Joe Gerrick.
6. Consolidated Milk Producers for San Francisco v. Parker, 19 Cal.2d 815, 123 P.2d 440 (1942):
State law provided a milk producers' plan for marketing, but three sellers sold milk to Presidio in violation of plan. Court held plan could not be enforced inside Presidio, under the facts of the case.
7. Pacific Coast Dairy v. Department of Agriculture, 19 Cal.2d 818, 123 P.2d 442 (1942); reversed, Pacific Coast Dairy v. Dept. of Agriculture, 318 U.S. 285, 63 S.Ct. 628 (1943):
Milk price controls of state inapplicable inside Moffett Field.
8. Johnson v. Morrill, 20 Cal.2d 446, 126 P.2d 873 (1942):
Defense workers living on federal property sought suffrage denied by county. Court held them entitled to vote because U.S. never accepted jurisdiction.
9. People v. Brown, 69 Cal. App.2d 602, 159 P.2d 686 (1945):
Robbery at Naval Ordnance Training Station and defendant contended there was no state jurisdiction. Court held that there was presumption of state jurisdiction, and a defendant had to prove lack thereof by cession of state and acceptance by U.S.
10. Arapajolu v. McMenamin, 113 Cal. App.2d 824, 249 P.2d 318 (1952):
Residents of federal enclaves held entitled to vote.
11. In re Terry Y., 101 Cal. App.3d 178, 161 Cal. Rptr. 452 (1980):
Jurisdictional principles discussed in youthful offender case.
1. Merrill v. Shearston, 73 Colo. 230, 214 P. 540 (1923):
Residents of veterans hospital held not entitled to vote in state elections.
2. Bd. of County Commissioners of County of Arrapahoe v. Donoho, 144 Colo. 321, 356 P.2d 267 (1960):
County sought to curtail welfare benefits being paid to resident of Fort Logan, a federal enclave. Court held resident could receive benefits. Case cites major jurisdictional cases.
3. People v. Sullivan, 151 Colo. 434, 378 P.2d 633 (1963):
State prosecution for theft occurring on federal property. Court held that state had criminal jurisdiction over property because U.S. failed to accept jurisdiction.
4. Johnson v. City and County of Denver, 186 Colo. 398, 527 P.2d 883 (1974):
Federal employees prosecuted for failure to pay occupational tax. U.S. had jurisdiction at place where these employees worked. Court held tax was not income tax for Buck Act purposes, and ruled Denver had no jurisdiction to levy tax in question.
5. Rountree v. City and County of Denver, 197 Colo. 497, 596 P.2d 739 (1979):
Denver occupational tax challenged by USPS employees. Court reversed its position in Johnson and overruled it; Court held that the Denver occupational tax was an income tax which could via the Buck Act be imposed on federal employees.
1. State v. Stonybrook, Inc., 149 Conn. 492, 181 A.2d 601 (1962):
U.S. owned government housing which did not comply with local building code. When later sold to Stonybrook, state prosecution for violations of code was upheld as within state jurisdiction.
2. Dupuis v. Submarine Base Credit Union, Inc., 170 Conn. 344, 365 A.2d 1093 (1976):
Credit union at submarine base held subject to building code of municipality, since there was no federal exclusive jurisdiction. The case cites major jurisdictional cases.
1. Valverde v. Valverde, 121 Fla. 576, 164 So. 287 (1935):
Divorce action, with defendant contending his residence on federal property deprived state court of jurisdiction. Court held state court had jurisdiction because state had concurrent jurisdiction over U.S. property.
2. Bancroft Inv. Corp. v. City of Jacksonville, 157 Fla. 546, 27 So.2d 162 (1946):
Court first held that U.S. property sold via real estate sales contract could not be taxed; but, court reversed after decision in SRA.
3. Tampa Bay Garden Apts. v. Gay, 55 So.2d 739 (Fla. 1951):
State corporation leased property from U.S. at MacDill A.F.B. and built apartments but denied liability for state tax on rentals. Court held the tax valid.
4. I.B.M. Corp. v. Vaughn, 98 So.2d 747 (Fla. 1957):
Vaughn had accounting machines rented to U.S.A.F. at Eglin Field and challenged state's ad valorem tax. Court held that county had no jurisdiction to tax.
1. Dicks v. Dicks, 177 Ga. 379, 170 S.E. 245 (1933):
Held, that army officer residing on U.S. property subject to its jurisdiction was not entitled to divorce in Georgia courts.
2. Conley Housing Corp. v. Coleman, 211 Ga. 835, 89 S.E.2d 482 (1955):
Housing on U.S. property rented to private corporation held taxable by state.
3. I.B.M. Corp. v. Evans, 213 Ga. 333, 99 S.E.2d 220 (1957):
Held, that private property on a federal enclave was subject to state taxation.
4. Brittain v. Reid, 220 Ga. 794, 141 S.E.2d 903 (1965):
Whether taxicabs could operate in federal fort was a question incapable of resolution by state courts.
5. Dobbins v. State, 114 Ga. App. 403, 151 S.E.2d 549 (1966):
Defendant convicted of DUI while driving on air force base; since U.S. never accepted jurisdiction over base, state court had jurisdiction.
1. State ex rel Andrus v. Click, 97 Idaho 791, 554 P.2d 969 (1976):
State sought to enjoin mining activities in violation of state law occurring on federal property. Court found miners subject to state law, there being no conflict with federal law.
1. People v. Hammond, 1 Ill.2d 65, 115 N.E.2d 331 (1953):
Defendant committed burglary in IRS office and state prosecuted. In argument that state lacked jurisdiction over crime, court held that State had jurisdiction over all crimes and defendant had duty to prove U.S. had exclusive jurisdiction.
2. Sunbeam Corp. v. Central Housekeeping Mart, 2 Ill. App.2d 543, 120 N.E.2d 362 (1954):
An Illinois fair trade law was not applicable in a military post.
3. Thiele v. City of Chicago, 12 Ill.2d 218, 145 N.E.2d 637 (1957):
Food store, located on property of US for which state ceded exclusive jurisdiction, was not subject to municipal licensing.
4. People v. Greer, 30 Ill.2d 415, 197 N.E.2d 22 (1964):
Crime of murder at post office held subject to state's jurisdiction.
1. State ex rel Cashman v. Board of Commissioners, 153 Ind. 302, 54 N.E. 809 (1899):
Soldiers' home, owned by and in exclusive jurisdiction of US, was receded to state. Held, the home was now within state jurisdiction, and soldiers were eligible to vote.
2. State v. Pearson Construction Company, 236 Ind. 602, 141 N.E.2d 448 (1957):
Court held state income tax was applicable to federal enclaves via the Buck Act.
1. Harris v. Harris, 205 Iowa 108, 215 N.W. 661 (1927):
Held, army officer could maintain divorce action.
2. Northwestern Casualty & Surety Co. v. Conaway, 210 Iowa 126, 230 N.W. 548 (1930):
Conaway was officer in Army in Minnesota and was served with process in civil action while there. In action in Iowa, court upheld judgment by finding he was amenable to process notwithstanding.
1. Craig v. Craig, 143 Kan. 624, 56 P.2d 464 (1936):
Courts of Kansas open to residents of federal enclaves for divorce purposes.
2. Herken v. Glynn, 151 Kan. 855, 101 P.2d 946 (1940):
Contest over election involving soldiers at disabled soldiers' home who voted in election. Held, that soldiers in home within U.S. jurisdiction were not entitled to vote.
3. State ex rel Parker v. Corcoran, 155 Kan. 714, 128 P.2d 999 (1942):
Voting case decided by rule in Herken.
4. Miller v. Hickory Grove School Board, 162 Kan. 528, 178 P.2d 214 (1947):
Held that federal enclave, a military base, was outside the laws of the state.
5. In re Armed Forces Cooperative Insuring Assn., 5 Kan. App.2d 787, 625 P.2d 11 (1981):
Association was a mail order insurance business located in Fort Leavenworth. Court held that state could not assess ad valorem tax on the property of the association as this entity was not taxable via state reservation to tax corporations in enclave.
1. Henry Bickel Co. v. Wright's Admin., 180 Ky. 181, 202 S.W. 672 (1918):
Canal, alleged to be in U.S. jurisdiction, was the site of a wrongful death. At trial, defense attempted to aver, but totally failed to prove, the canal was in U.S. jurisdiction. Court held that defense had to aver and prove there was no state jurisdiction.
2. Commonwealth v. King, 252 Ky. 699, 68 S.W.2d 45 (1934):
Indictment for making false entries on books of a bank "within Ft. Knox." Since Ft. Knox was in U.S. jurisdiction, court held state indictment was properly dismissed.
3. Davis v. Howard, 306 Ky.149, 206 S.W.2d 467 (1947):
Challenge to collection of gasoline tax within Camp Campbell on grounds that the enclave was not within state's jurisdiction. However, Court held that Buck Act permitted the collection of the tax, and was, in essence, a recession of taxing jurisdiction.
4. Commissioners of Sinking Fund v. Howard, 248 S.W.2d 340 (1952):
Louisville extended its limits to include federal ordnance plant subject to U.S. jurisdiction. Its efforts to thereafter collect an occupational tax in enclave was upheld pursuant to Buck Act. The Supreme Court affirmed; see Howard v. Commissioners of Sinking Fund, 344 U.S. 624, 73 S.Ct. 465 (1953).
5. Atcher v. Elizabethtown Lincoln-Mercury, 249 S.W.2d 743 (Ky.App. 1952):
Child fell out of car traveling on road through Fort Knox, and state suit filed against car dealer who challenged jurisdiction. Court held that the road, an easement in favor of state, was still subject to state jurisdiction even though within fort.
6. Hardin County Board of Supervisors v. Kentucky Limousines, 293 S.W.2d 239 (Ky. 1956):
Held, that taxicabs operating within Fort Knox not subject to state taxation.
7. Lathey v. Lathey, 305 S.W.2d 920 (Ky. 1957):
Child custody battle, with child living with father in Fort Knox. Court held that persons within Fort Knox are not within jurisdiction of Kentucky courts.
8. Kingwood Oil Co. v. Henderson County Board of Supervisors, 367 S.W.2d 129 (Ky. 1963):
Oil and gas lease for federal lands within Camp Breckinridge held not subject to state taxation.
9. Brandenburg Telephone Co. v. South Central Bell Telephone Co., 506 S.W.2d 513 (Ky.App. 1974):
Fort Knox wanted private companies to take over its phone system and this case was contest between two competitors. Court held state public service commission had jurisdiction of the matter.
1. Murphy Corp. v. Fontenot, 225 La. 379, 73 So.2d 180 (1954):
U.S. owned 22,000 acres of land for Barksdale A.F.B. Oil and gas company exploited on these federal lands, but objected to imposition of state severance tax. Held, since lands were not used for federal purposes and were being exploited by private companies, tax could be imposed.
2. I.B.M. Corp. v. Ott, 230 La. 666, 89 So.2d 193 (1955):
I.B.M. leased equipment to U.S., and some equipment was located on property in U.S. jurisdiction, and some not so located. Court held that the equipment on property within U.S. jurisdiction was not taxable, and equipment on private property leased to U.S. was.
3. Natural Gas & Oil Corp. v. Waggonner, 151 So.2d 575 (La.App. 1963):
Oil companies extracting oil and gas from Barksdale A.F.B. held liable for severance tax, imposed under state law. However, on appeal to U.S. Supreme Court in Humble Pipe Line Co. v. Waggonner, 376 U.S. 369, 84 S.Ct. 857 (1964), tax was held unenforceable in enclave.
1. State v. Kelly, 76 Me. 331 (1884):
Murder committed at Fort Popham held outside jurisdiction of state.
2. State v. Intoxicating Liquors, 78 Me. 401, 6 A. 4 (1886):
Liquor seized in transit to National Soldiers' Home, a federal enclave subject to U.S. jurisdiction. Since state had no jurisdiction over the home, seizure held unlawful.
3. Brooks Hardware Co. v. Greer, 111 Me. 78, 87 A. 889 (1913):
Greer was disbursing agent for soldiers' home subject to U.S. jurisdiction, and hardware company sought to attach funds in his hands payable to company's debtor. Held, state process inapplicable in federal jurisdiction.
4. State v. Allard, 313 A.2d 439 (Me. 1973):
State prosecution for LSD possession while within customs border station. In construing state cession statute, Court concluded that state reserved criminal jurisdiction and thus the state had jurisdiction of this offense.
1. Lowe v. Lowe, 150 Md. 392, 133 A. 729 (1926):
Resident of Perry Point, U.S. property subject to its jurisdiction, sought divorce in state court. Court held that resident of such enclave was not a state resident and was not entitled to a state divorce.
2. Mayor & City Council of Baltimore v. Linthicum, 170 Md. 245, 183 A. 531 (1936):
Owner of land leased to U.S. for post-office sought zoning variance. Court held property not to be in exclusive jurisdiction of the U.S.
3. Royer v. Board of Election Supervisors, 231 Md. 561, 191 A.2d 446 (1963):
Royer was resident of Perry Point and sought registration as state voter. Court held that since he resided in U.S. jurisdiction, he was not state resident entitled to vote.
1. Commonwealth v. Clary, 8 Mass. 72 (1811):
State law requiring licenses to sell liquor had no application to U.S. arsenal at Springfield, the state having ceded jurisdiction to the U.S.
2. Mitchell v. Tibbetts, 17 Pick. 298 (1836):
State law relating to vessels bringing stone to state held not applicable to vessel delivering stone to Charlestown Navy Yard, in U.S. jurisdiction.
3. Newcomb v. Rockport, 183 Mass. 74, 66 N.E. 587 (1903):
Lighthouse keepers on U.S. property sought to compel town to provide schooling to their children. Court held that town was not required to provide schooling, even though there was no exclusive U.S. jurisdiction.
4. Fay v. Locke, 201 Mass. 387, 87 N.E. 753 (1909):
Land conveyed to U.S. subject to divestiture in event of non-conforming use. Upon occurrence of event, heirs of owners sought eviction. Court held the state courts, having concurrent jurisdiction over property, could try the case.
5. Employers' Liability Assur. Corp. v. Dileo, 298 Mass. 401, 10 N.E.2d 251 (1937):
Contract of employment and injury to claimant occurred on property in U.S. jurisdiction. Court held that state's workmen's compensation law didn't apply in U.S. territory.
6. Commonwealth v. Trott, 331 Mass. 491, 120 N.E.2d 289 (1954):
U.S. took island for bird sanctuary, without exclusive jurisdiction. Fisherman taking fish near island were prosecuted for violating state fishing laws. Court held state had jurisdiction of crimes and federal licenses were to no avail.
1. People v. Burke, 161 Mich. 397, 126 N.W. 446 (1910):
Defendant committed larceny in rented post office; held, state court had jurisdiction.
2. Willis v. Oscar Daniels Co., 200 Mich. 19, 166 N.W. 496 (1918):
Deceased worked on canal under construction on U.S. property, also within U.S. jurisdiction. Action for wrongful death instituted against contractor-employer. Court held that state workmen's comp. law didn't apply in U.S. jurisdiction. Problem: the cession provided for concurrent state jurisdiction.
3. Oscar Daniels Co. v. City of Sault St. Marie, 208 Mich. 363, 175 N.W. 160 (1919):
Oscar Daniels, contractor in above canal, protested imposition of city taxes. In this case, the court distinguished its prior holding and stated that Willis held that the state cannot legislate regarding any matter involving construction of the canal. Here, state jurisdiction for tax purposes existed, as such did not interfere with U.S. jurisdiction.
4. People v. Van Dyke, 276 Mich. 32, 267 N.W. 778 (1936):
Larceny in rented post-office. This was a habe challenging jurisdiction. Court held that since property was rented and not ceded to U.S., state had jurisdiction.
5. In re Kelly, 311 Mich. 596, 19 N.W.2d 218 (1945):
Burglary on U.S. property which U.S. disclaimed jurisdiction; held state had jurisdiction.
1. Orme v. Atlas Gas & Oil Co., 217 Minn. 27, 13 N.W.2d 757 (1944):
Action involving contract to operate gas station, the operation of which was impaired by federal, wartime regulations. Case merely mentions jurisdictional principles.
1. State v. Seymour, 78 Miss. 134, 28 So. 799 (1900):
Alleged crime occurred on property, Ship Island, ceded to U.S. Held, state had no jurisdiction to prosecute.
2. Tubby v. State, 327 So.2d 272 (Miss. 1976):
Indian burned another Indian's house, and charged state lacked jurisdiction to prosecute, for this offense involving "Indian lands." Court held state had jurisdiction.
1. Cockburn v. Willman, 301 Mo. 575, 257 S.W. 458 (1923):
Cockburn indicted in Iowa for crime and subsequently found in veteran's hospital in Missouri. He brought a habe to challenge extradition warrant, arguing he could not be served in a federal enclave. Court held he was subject to state jurisdiction, there being no cession to U.S.
2. Kansas City v. Garner, 430 S.W.2d 630 (Mo.App. 1968):
Petty theft from concessionaire in federal building and defendant challenged state court's jurisdiction. Court upheld jurisdiction stating that defendant had to prove lack of jurisdiction via cession.
3. Kansas City v. Querry, 511 S.W.2d 790 (Mo. 1974):
City sought to collect earnings taxes in Air Force base within city limits. Court upheld tax on grounds state reserved right to tax in cession state and the existence of Buck Act.
1. Burgess v. Territory, 19 P. 558 (1888):
Murder at federal fort in a territory held to be within jurisdiction of territorial courts.
2. State v. Tully, 31 Mont. 365, 78 P. 760 (1904):
Murder in federal fort; court held state had no jurisdiction because property was ceded to the U.S. See United States v. Tully, 140 F. 899 (D.Mont. 1905), where federal court found that U.S. lacked jurisdiction. Tully walked from both prosecutions.
3. State ex rel Board of Commissioners of Valley County v. Bruce, 106 Mont. 322, 77 P.2d 403 (1938):
U.S. acquired lands about time that state cession statute was changed from no reservation of right to tax to a reservation preserving taxing power on federal property. At issue was whether there was a power to tax activity on this federal dam building project. Court held that the old statute reserving no right to tax applied to these federal lands. Affirmed on appeal: 305 U.S. 577, 59 S.Ct. 465 (1939).
4. Valley County v. Thomas, 109 Mont. 345, 97 P.2d 345 (1939):
Fort Peck dam project, with U.S. owning land. McCone County issued car licenses to residents of Fort Peck, even though formerly in Valley County. Valley County sued for the fees so obtained, but lost. Court now reconsidered cession statute, overruled Bruce, and upheld power to tax in enclave.
5. State v. Rindal, 146 Mon. 64, 404 P.2d 327 (1965):
Theft of property from a missile site, and defendant challenged state court's jurisdiction. Court held that state had jurisdiction under terms of cession statute, and defendant had to show federal jurisdiction and acceptance.
6. State ex rel Parker v. District Court, 147 Mon. 151, 410 P.2d 459 (1966):
Member of Air Force committed murder at base and challenged state's jurisdiction to try him. Court followed Rindal.
1. Anderson v. Chicago & N.W. Ry. Co., 102 Neb. 578, 168 N.W. 196 (1918):
Cattle on Fort Robinson military base killed by train. State law required fencing of rights-of-way. Railroad company averred the existence of federal jurisdiction, and requirement of military officials condemning fencing. Court held state law was not controlling.
2. Tagge v. Gulzow, 132 Neb. 276, 271 N.W. 803 (1937):
U.S. owned Delaware corporation which owned farmlands where complainants resided. Held, state had jurisdiction over farmlands.
1. State v. Mack, 23 Nev. 359, 47 P. 763 (1897):
U.S. land for courthouse and post office in Carson City was the scene of an assault; defendant challenged jurisdiction, contending state had ceded jurisdiction to U.S. Court agreed and held there was no state jurisdiction.
2. State v. Mendez, 57 Nev. 192, 61 P.2d 300 (1936):
One Indian murdered another in Wadsworth, on Pyramid Lake Reservation. Finding the town had been withdrawn from the reservation, court held state had jurisdiction.
3. Pendleton v. State, 734 P.2d 693 (Nev. 1987):
D.U.I. occurring on federal land. Court held that defendant had duty to show state ceded land to U.S. to prove lack of jurisdiction.
1. Scribner v. Wikstrom, 93 N.H. 17, 34 A.2d 658 (1943):
U.S. acquired land for dam and contracted work to Wikstrom, who contended state could not impose property taxes on him. Finding that the tax did not interfere with the federal project and that U.S. didn't perfect title before imposition of tax, Court held tax valid.
2. Newington v. Campanella & Cardi Const. Co., 168 A.2d 496 (N.H. 1961):
Company cut timber from U.S. lands and town claimed a tax, to which company objected on jurisdictional grounds. Finding that U.S. never accepted jurisdiction over land, tax was sustained.
1. State v. Morris, 76 N.J.L. 222, 68 A. 1103 (1908):
Assault and battery prosecution occurring at Fort Hancock and plea to state court's jurisdiction was sustained because state ceded jurisdiction to U.S.
2. Board of Chosen Freeholders v. McCorkle, 98 N.J.S. 451, 237 A.2d 640 (1968):
Question concerned whether state could provide welfare benefits and treatment in mental institutions for residents of federal enclaves. Although the enclaves in question were within U.S. jurisdiction, court held that benefits of state law could be extended to enclave residents notwithstanding.
3. State In re D.B.S., 137 N.J.S. 371, 349 A.2d 105 (1975):
Juvenile committed crimes at Fort Dix, within U.S. jurisdiction; he replied to delinquency petition by challenging state's jurisdiction. Finding such prosecution did not interfere with U.S. jurisdiction, the action was sustained.
4. State v. Schumann, 218 N.J.S. 508, 528 A.2d 68 (1987):
Child molestation occurring at Sandy Hook, within U.S. jurisdiction. On plea to state's jurisdiction, the court placed the burden on the state to prove its jurisdiction. This failure caused count in indictment to be dismissed. Note, the general rule is otherwise.
1. Arledge v. Mabry, 52 N.M. 303, 197 P.2d 884 (1948):
Election contest concerning a precinct, parts of which were in U.S. jurisdiction, the Los Alamos Project. This long case ultimately concluded some residents of area could vote, others could not. Residents on "public domain" property could vote since they were subject to state's jurisdiction. Of interest: The voting occurred in U.S. jurisdiction, so entire election results were voided.
2. Chaney v. Chaney, 53 N.M. 66, 201 P.2d 782 (1949):
Divorce action involving parties residing at Los Alamos. Held, state court could not grant divorce because parties were not residents in state's jurisdiction.
3. Montoya v. Bolack, 70 N.M. 196, 372 P.2d 387 (1962):
Navajo Indian Reservation is within state's jurisdiction and residents were entitled to vote.
4. Burns v. State, Bureau of Revenue, 79 N.M. 53, 439 P.2d 702 (1968):
Held, the state had jurisdiction to impose income taxes in federal enclaves via Buck Act.
5. Langdon v. Jaramillo, 80 N.M. 255, 454 P.2d 269 (1969):
Held, resident within U.S. jurisdiction not entitled to vote in state.
6. State v. McCormack, 100 N.M. 657, 674 P.2d 1117 (1984):
Trespass case involving power plant within U.S. jurisdiction. Held, state had jurisdiction.
1. People v. Godfrey, 17 Johns. 225 (N.Y. 1819):
Murder committed at Fort Niagara held to have been committed in state's jurisdiction.
2. Barrett v. Palmer, 135 N.Y. 336, 31 N.E. 1017 (1892):
Navy yard in Brooklyn within U.S. jurisdiction leased portion of land to city for a market, and city subleased. In action between two tenants for damages, state court held it had jurisdiction of action notwithstanding U.S. jurisdiction on basis of McGlinn. On appeal to U.S. Supreme Court, in Palmer v. Barrett, 162 U.S. 399, 16 S.Ct. 837 (1896), court held that Navy's lease to city temporarily suspended federal jurisdiction.
3. Farley v. Scherno, 208 N.Y. 269, 101 N.E. 891 (1913):
Scherno was selling liquor on property in U.S. jurisdiction and state sought a penalty. Court held penalty could not be imposed by state.
4. People v. Kraus, 212 App. Div. 397, 207 N.Y.S. 87 (1924):
Crime committed at Brooklyn Navy Yard (bookmaking) held not to be within state's jurisdiction because criminal jurisdiction was not reserved in cession act.
5. People v. Hillman, 246 N.Y. 467, 159 N.E. 400 (1927):
Robbery committed on road at West Point, land within U.S. jurisdiction. Defendants attacked their conviction on grounds that the state had no legislative jurisdiction over property, and appellate court agreed.
6. Sadrakula v. James Stewart and Co., 280 N.Y. 651, 20 N.E.2d 1015 (1939):
Decedent killed while building federal post office, contractor being in violation of state law. Court held state law applied in enclave. Affirmed, James Stewart & Co. v. Sadrakula, 309 U.S. 94, 60 S.Ct. 431 (1940).
7. People v. Kobryn, 294 N.Y. 192, 61 N.E.2d 441 (1945):
Defendant convicted of felony possession of dangerous weapon while inside a post office; appellate court found that state never ceded jurisdiction, thus defendant's conviction was valid.
8. People v. Gerald, 40 Misc.2d 819, 243 N.Y.S.2d 1001 (1963):
Assault at post office; defendant attacked state court's jurisdiction, but made no effort to prove title of property or cession. In such absence, state court's jurisdiction was upheld.
9. Beagle v. Motor Vehicle Accident Indem. Corp., 26 A.D.2d 313, 274 N.Y.S.2d 60 (1966):
Held, that a particular state law regarding motor vehicle accidents was applicable in a federal enclave.
10. Reybold v. Reybold, 45 A.D.2d 263, 357 N.Y.S.2d 231 (1974):
Action to enforce divorce decree; court held state process could be served in an enclave.
11. People v. Mitchell, 90 Misc.2d 463, 395 N.Y.S.2d 340 (1977):
Defendant had stop-over in international travel at Kennedy Airport, and drugs were found in his possession. His attack on state court's jurisdiction was denied.
12. People v. Dowdell, 109 Misc.2d 605, 440 N.Y.S.2d 528 (1981):
Defendant charged for crime occurring at Veteran's Hospital, place in U.S. jurisdiction. Court upheld defendant's challenge to jurisdiction and dismissed case when it was shown that state had ceded jurisdiction of property to the U.S.
13. People v. Fisher, 97 A.D.2d 651, 469 N.Y.S.2d 187 (A.D. 3 Dept. 1983):
Defendant found in possession of drugs and gun when crossing border; his challenge to state's jurisdiction failed in that he didn't prove title and cession.
14. People v. Williams, 136 Misc.2d 294, 518 N.Y.S.2d 751 (1987):
Attorney assault in federal courthouse held to be outside state's jurisdiction, it being shown that U.S. owned property and had a cession of jurisdiction.
1. State v. DeBerry, 224 N.C. 834, 32 S.E.2d 617 (1945):
Assault and battery prosecution, crime occurring in federal courtroom in post office. Because of U.S. ownership of land and state cession, held that state had no jurisdiction.
2. State v. Burell, 256 N.C. 288, 123 S.E.2d 795 (1962):
Assault with intent to rape case occurring at Cherry Point Air Station, a federal fort. The court upheld state court's jurisdiction, finding that the U.S. never accepted jurisdiction over the property in question.
1. LaDuke v. Melin, 45 N.D. 349, 177 N.W. 673 (1920):
Fort Totten was formerly a military post for which state had ceded jurisdiction. Later, Fort was abandoned by U.S. and became simply public domain. Court held that people residing inside Fort Totten enclave could vote in state elections.
2. State v. Lohnes, 69 N.W.2d 508 (N.D. 1955):
Prosecution of Indian for assault and battery of another Indian occurring on Indian lands. Court held, based on Congressional acts, that U.S. possessed jurisdiction over Indians and their lands and state had no jurisdiction.
1. Sinks v. Reese, 19 Ohio St. 306 (1869):
In question of whether inmates of a National Home could vote, court concluded that they were not residents of state, but were in an area foreign to the state, the same being U.S. jurisdiction.
2. Renner v. Bennett, 21 Ohio St. 431 (1871):
3. McGwinn v. Board of Education, 78 Ohio App. 405, 69 N.E.2d 381 (1946):
Question of whether residents of federal housing project were eligible for the free schooling of their children. Finding no acceptance of U.S. jurisdiction and Congressional intention to leave such lands subject to state jurisdiction, court held that state public schooling was available to residents.
4. Kitchens v. Duffield, 83 Ohio App. 41, 76 N.E.2d 101 (1947):
Auto accident at Lockbourne Army Air Base in Ohio; court held state laws were applicable to case via Congressional act; aff'd, Kitchens v. Duffield, 149 Ohio St. 500, 79 N.E.2d 906 (1948).
5. State ex rel Wendt v. Smith, 63 Ohio Abs. 31, 103 N.E.2d 822 (1951):
Resident of federal enclave was not entitled to vote.
6. City of Cincinnati v. Nussbaum, 14 Ohio Misc. 19, 233 N.E.2d 152 (1968):
State prosecution for trespass in Federal Building, and defense complained that state had no jurisdiction. Finding that the U.S. had not been proven to have accepted jurisdiction, court held the state had jurisdiction.
7. State v. Burger, 33 Ohio App.3d 231, 515 N.E.2d 640 (1986):
DUI prosecution for offense committed on road near or on a federal arsenal. In challenge to jurisdiction, court upheld state's jurisdiction because defense failed to prove that U.S. had accepted jurisdiction over the property in question.
1. Rice v. Hammonds, 19 Okl. 419, 91 P. 698 (1907):
Oklahoma territory could tax cattle located on Fort Sill reservation.
2. Underhill v. State, 31 Okl. Crim. App. 149, 237 P. 628 (1925):
Challenge to unlawful possession of liquor charge, possession being in national park in U.S. jurisdiction. Court concluded state had no jurisdiction.
3. Chicago, R. I. & P. Ry. Co. v. Satterfield, 135 Okl. 183, 275 P. 303 (1929):
Court held that railroad's property at Fort Sill could be taxed because cession statute reserved right to tax railroads. Same opinion in another case: Chicago, R. I. & P Ry. Co. v. Satterfield, 135 Okl. 185, 275 P. 305 (1929).
4. In re Annexation of Reno Quartermaster Depot, 180 Okl. 274, 69 P.2d 659 (1937):
Children in federal enclave annexed to school district were entitled to schooling.
5. Ottinger Bros. v. Clark, 191 Okl. 488, 131 P.2d 94 (1942):
Worker at Fort Sill sustained injury and recovered workmen's comp. claim. The company contended the state law didn't apply in the enclave. Congressional act receded jurisdiction for purposes of comp. laws, and court held the state comp. law applied in the enclave.
6. McDonnell & Murphy v. Lunday, 191 Okl. 611, 132 P.2d 322 (1942):
Workmen's comp. claim arising at Fort Sill; decision same as Ottinger Bros.
7. State v. Cline, 322 P.2d 208 (Okl. Cr. App. 1958):
State prosecuted for disturbing peace at wildlife refuge owned by U.S. Trial court dismissed on jurisdictional grounds. Reversed on finding that state had never ceded jurisdiction.
8. Kverschner v. State, 493 P.2d 1402 (Okl. Cr. App. 1972):
State prosecution for sale of drugs occurring at Tinker Field, a federal enclave. To defendant's claim of lack of state jurisdiction, court held defendant had to prove U.S. had accepted jurisdiction of property and failure here resulted in conclusion state had jurisdiction.
1. State v. Chin Ping, 91 Or. 593, 176 P. 188 (1918):
Shooting committed on street in front of post office and deceased fell and died on sidewalk. Court held, in challenge to jurisdiction of state court, there was no showing of title in the U.S., and that events on street in front of building were definitely in state jurisdiction.
2. Atkinson v. State Tax Comm., 156 Or. 461, 67 P.2d 161 (1937):
State sought to impose income tax on partners building dam at Bonneville Dam Project, under construction by U.S. Court upheld the tax as valid, there being no cession of jurisdiction to the U.S. Affirmed, 303 U.S. 20, 58 S.Ct. 419 (1938).
3. State ex rel. Cox v. Hibbard, 31 Or. App. 269, 570 P.2d 1190 (1977):
Director of State Lands sought injunction against mining on federal property without a state permit. Defendants made no claim of exclusive jurisdiction of U.S., and asserted only federal pre-emption. Court held the state had jurisdiction and state regulations applied to these activities.
4. State v. Aguilar, 85 Or.App. 410, 736 P.2d 620 (1987):
Defendant charged with DUI while on federal property, and lower court upheld challenge to state's jurisdiction. State obtained a reversal on appeal, with court holding that there were insufficient facts in record for that determination to have been made.
1. Commonwealth v. Young, Brightly N.P., 302 (Pa. 1818):
Question of whether sale of federal property, subject to state's jurisdiction, had to be sold according to state law; court held state law applied.
2. Manlove v. McDermott, 308 Pa. 384, 162 A. 278 (1932):
Deputy sheriff served process upon defendant at League Island Navy Yard, U.S. property subject to its jurisdiction. Court upheld service.
3. Kiker v. City of Philadelphia, 346 Pa. 624, 31 A.2d 289 (1943):
Kiker worked at League Island Navy Yard in Philadelphia, but complained of city income tax imposed on him on grounds of jurisdiction. Court upheld ability of city to impose the tax on basis of Buck Act.
4. Schwartz v. O'Hara Township School District, 375 Pa. 440, 100 A.2d 621 (1953):
Residents of V.A. Hospital in U.S. jurisdiction sought to compel Township to school their children. Court, however, found they were not state residents, thus they were not entitled to free public schooling.
5. Brennan v. Shipe, 414 Pa. 258, 199 A.2d 467 (1964):
Accident occurred at a depot within U.S. jurisdiction; defendant later moved to Florida. Defendant was served with process via "long arm statute". Court held that federal law made state law apply in case of accident on enclave; "long arm statute" upheld.
6. City of Philadelphia v. Bullion, 28 Pa.Comm. 527, 368 A.2d 1375 (1977):
Technician employed by U.S. Navy at League Island challenged city's income tax act, and attacked long arm statute. Tax upheld on basis of Kiker.
1. State v. Leary, 46 R.I. 197, 125 A. 353 (1924):
Defendant was dredging Providence Harbor under contract with the U.S., and was charged with violating state law concerning smoke emission. Defendant's contention that the case was outside state jurisdiction and inside U.S. maritime jurisdiction was not upheld.
1. Brown v. Western Union Telegraph Co., 92 S.C. 354, 75 S.E. 542 (1912):
Plaintiff, in D.C., did not receive telegram informing of sister's death; suit in state court was successful and damages recovered. But, on appeal to Supreme Court in Western Union Telegraph Co. v. Brown, 234 U.S. 542, 34 S.Ct. 955 (1914), plaintiff's verdict based on negligence in D.C. was reversed, court holding state law did not apply there.
2. Beaufort County v. Jasper County, 220 S.C. 469, 68 S.E.2d 421 (1951):
Part of one county was sought to be annexed to other county; doing so was alleged to reduce size of one county below 500 square miles, especially when federal property in county was taken into consideration. Court held that mere ownership of land by U.S. did not take such land out of jurisdiction of county.
3. State v. Rodriguez, 279 S.C. 106, 302 S.E.2d 666 (1983):
Lewd acts committed upon minor children by defendant at Naval hospital owned by U.S.; defendant attacked state's jurisdiction. Because U.S. never accepted jurisdiction, court concluded state still retained jurisdiction.
1. McMahon v. Polk, 10 S.D. 296, 73 N.W. 77 (1897):
Candidates for office of state's attorney were engaged in this election contest, and one issue involved whether residents of federal enclaves could vote. Court held residents could not vote.
2. School District No. 20 of Pennington County v. Steele, 46 S.D. 589, 195 N.W. 448 (1923):
Question of whether child on federal enclave in U.S. jurisdiction entitled to state public schooling. Court held child not entitled to public schooling.
3. State v. Sauter, 48 S.D. 409, 205 N.W. 25 (1925):
Defendant convicted of murdering Indians. Challenge to state jurisdiction because crime occurred on what was previously Cheyenne Indian Reservation. Court upheld jurisdiction by noting that boundaries of reservation were changed.
4. State ex rel. Olson v. Shoemaker, 73 S.D. 120, 39 N.W.2d 524 (1949):
Held, state had jurisdiction in murder case of non-Indian defendant convicted of murdering a non-Indian on an Indian Reservation.
5. State v. Johnson, 81 S.D. 20, 130 N.W.2d 106 (1964):
Defendant charged with DUI in Wind Cave National Park. In state's appeal of dismissal, Court held state had jurisdiction because U.S. did not accept jurisdiction.
6. State v. Cochran, 297 N.W.2d 483 (S.D. 1980):
State rape prosecution, the offense being committed at Fort Meade Military Reservation. In a habeas corpus application, court held that U.S. had retroceded concurrent jurisdiction of fort to state, thus state had jurisdiction.
1. Exum v. State, 90 Tenn. 501, 17 S.W. 107 (1891):
State court held session in customs house within U.S. jurisdiction and defendant committed perjury there. Court held state had jurisdiction nonetheless.
2. State ex rel. Lyle v. Willett, 117 Tenn. 334, 97 S.W. 299 (1906):
Held, soldiers and other residents of Soldiers' Home were not state residents entitled to vote.
3. Divine v. Unaka National Bank, 125 Tenn. 98, 140 S.W. 747 (1911):
Administrator of soldier's estate brought action to recover bank deposits. Court held action valid even though property where deceased died and others still holding his property were within U.S. jurisdiction, the federal courts having no probate jurisdiction.
4. Gill v. State, 141 Tenn. 379, 210 S.W. 637 (1919):
Defendant charged with petit larceny occurring at U.S. powder plant, owned by U.S. State cession act required filing of a map to evidence acceptance by U.S. of jurisdiction. Finding that U.S. had not accepted jurisdiction, court concluded the state had jurisdiction.
5. State v. Oliver, 162 Tenn. 100, 35 S.W.2d 396 (1931):
State sought to condemn land to be given to U.S. for Great Smoky Mountains National Park. Court upheld validity of action and discussed jurisdictional principles.
6. State v. Allman, 167 Tenn. 240, 68 S.W.2d 478 (1934):
Owner of land inside national park contended that the state had ceded jurisdiction of his land to U.S., and state had no right to tax the same. However, court found that U.S. was not the landowner, and that all such land was subject to concurrent jurisdiction of state; the tax was upheld.
1. Lasher v. State, 30 Tex. App. 387, 17 S.W. 1064 (1891):
State prosecution for forgery occurring at Fort McIntosh, in U.S. jurisdiction. Court took judicial notice of this fact and held state had no jurisdiction over the offense.
2. United States v. Schwalby, 8 Tex. Civ. App. 679, 29 S.W. 90 (1894):
Schwalby claimed interest in real property alleged to be owned by U.S., for which a cession of jurisdiction existed. Suit commenced for trespass and Schwalby prevailed. On appeal, court held that jurisdiction within U.S. depended on title, and here the U.S. had only partial title; jurisdiction of state court upheld.
3. Baker v. State, 47 Tex.Cr.R. 482, 83 S.W. 1122 (1904):
Assault with intent to murder prosecution, the crime occurring outside Fort Brown on a street. U.S. had title and jurisdiction of the street, and defendant attempted to prove this but trial court excluded evidence holding U.S. had jurisdiction only within fort. Court reversed and held that actual boundaries were all important as the state would have no jurisdiction for an offense occurring on any spot within U.S. jurisdiction.
4. Curry v. State, 111 Tex. Cr. 264, 12 S.W.2d 796 (1928):
Defendant convicted of a fishing offense occurring on federal property, the land being owned by U.S., but there being no proof of cession of jurisdiction pursuant to state law. Court held that cession of jurisdiction by Governor pursuant to statute was essential to transfer jurisdiction, thus state court had jurisdiction here.
5. United Services Automobile Ass'n. v. Harman, 151 S.W.2d 609 (Tex.Civ.App. 1941):
Soldiers stationed at Fort Hoyle, military reservation in Maryland, but in U.S. jurisdiction, involved in auto accident in Baltimore; suit in Maryland had process served upon soldier in enclave. Suits in Texas instituted to recover against insurer on Maryland judgments, and insurer attacked Maryland process. Court held that Maryland process regarding a non-resident was entirely proper.
6. City of Wichita Falls v. Bowen, 143 Tex. 45, 182 S.W.2d 695 (1944):
City annexed adjoining military bases, and bus company owner was engaged in transportation between city and bases. His argument that city taxes on fares paid at bases were invalid on jurisdictional grounds was not sustained.
7. Independent School Dist. of City of El Paso v. Central Education Agency, 247 S.W.2d 597 (Tex.Civ.App. 1952):
El Paso, in agreement with military officers at Fort Bliss, annexed the reservation to school district and then sought additional state funding. The court found nothing improper in such arrangement.
8. Sandel v. State, 158 Tex.Cr.R. 101, 253 S.W.2d 283 (1952):
Auto accident on highway in Fort Hood; defendant was intoxicated and death resulted, hence murder prosecution. Defendant attacked state court's jurisdiction and proved title of land in U.S. and act of cession. State replied by showing that jurisdiction over the road was reserved to the state. Conviction upheld.
9. Garcia v. State, 169 Tex.Cr.R. 30, 331 S.W.2d 53 (1959):
Defendants employed by U.S. government at El Paso International Bridge were prosecuted by state for assault with intent to rape. Because the U.S. Immigration Building at the bridge was only leased to the U.S., court held state court had jurisdiction.
10. Board of Equalization v. General Dynamics Corp., 344 S.W.2d 489 (Tex. Civ. App. 1961):
U.S. owned land and had obtained cession of jurisdiction, and General Dynamics had substantial amount of property located there which City of Fort Worth taxed. Court held that city had no jurisdiction to impose this tax.
11. Calvert v. Adams, 388 S.W.2d 742 (Tex. Civ. App. 1965):
Amusement machines located at Fort Hood had tax imposed. In suit to recover taxes, court held same could not be recovered; reversed, Adams v. Calvert, 396 S.W.2d 948 (Tex. 1965).
12. Humble Oil & Refining Co. v. Calvert, 464 S.W.2d 170 (Tex.Civ.App. 1971):
Held, state could not impose occupation taxes on company exploiting minerals at Corpus Christi Naval Air Station, in U.S. jurisdiction. Affirmed, 478 S.W.2d 926 (Tex. 1972).
1. Rothfels v. Southworth, 11 Utah.2d 169, 356 P.2d 612 (1960):
Utah legislature repealed statute declaring residents within U.S. jurisdiction could not vote. Court held that residents of reservation could vote.
2. Richardson v. Turner, 16 Utah.2d 371, 401 P.2d 443 (1965):
Habeas corpus action seeking complainant's release from state custody for indecent assault charge, the grounds being the lack of state jurisdiction. The court held otherwise, there being no cession.
1. State v. Hallock, 114 Vt. 292, 44 A.2d 326 (1945):
Defendant had no driver's license and drove around on ice of Lake Champlain, and for this he was prosecuted. Conviction upheld.
1. Foley v. Shriver, 81 Va. 568 (1886):
State process of attachment on judgment can't be executed in National Home within U.S. jurisdiction.
2. Western Union Tel. Co. v. Chiles, 107 Va. 60, 57 S.E. 587 (1907):
Action for statutory penalty for failure of telegraph company to deliver telegram to Navy gunner at Norfolk Navy Yard. Court held that the penalty could be applied notwithstanding the fact that the U.S. had jurisdiction over Navy Yard. Reversed by the Supreme Court in Western Union Telegraph Co. v. Chiles, 214 U.S. 274, 29 S.Ct. 613 (1909).
3. Bank of Phoebus v. Byrum, 110 Va. 708, 67 S.E. 349 (1910):
Judgment debtor sought attachment of property to satisfy judgment based on statute applicable to nonresidents; debtor was a soldier residing at Fort Monroe and contended this made him a state resident. Court held, however, that being in U.S. jurisdiction made him a nonresident of state.
4. Nikis v. Commonwealth, 144 Va. 618, 131 S.E. 236 (1926):
Bridge approach for bridge between Alexandria and Georgetown (Key bridge) was owned by U.S. and state had ceded jurisdiction. State prosecuted merchant trading there for failure to have state license, and he attacked state's jurisdiction. Court upheld state jurisdiction on grounds that private activity on federal property could be taxed and licensed.
5. Ralph Sollitt & Sons Const. Co. v. Commonwealth, 161 Va. 854, 172 S.E. 290 (1934):
Contractor was building a federal post office on U.S. land in Lynchburg, and state sought license tax. Because some of work on building involved exclusive use of streets near federal property, the tax was upheld.
6. Buttery v. Robbins, 177 Va. 368, 14 S.E.2d 544 (1941):
Question involved service of process within Shenandoah National Park in Blue Ridge Mountains, case being civil one for damages. Court held that Virginia cession statute reserved no civil jurisdiction for matters occurring in the Park, thus state court lacked jurisdiction.
7. Hercules Powder Co. v. Ruben, 188 Va. 694, 51 S.E.2d 149 (1949):
Breach of contract action based on events occurring on federal property within U.S. jurisdiction. Court held that state court had no jurisdiction in case.
8. Waltrip v. Commonwealth, 189 Va. 365, 53 S.E.2d 14 (1949):
State conviction for violating state gaming laws, the offense occurring within Camp Peary, owned by U.S. Finding that U.S. never accepted jurisdiction, court held that state laws applied on such property.
9. Western Union Telegraph Co. v. Commonwealth, 204 Va. 421, 132 S.E.2d 407 (1963):
Western Union did not file a report of its property located within U.S. enclaves and was penalized. Court held that the company had duty to show where its property was located and argue for exemption; failing this, it could be penalized.
10. Smith v. Commonwealth, 219 Va. 455, 248 S.E.2d 135 (1978):
State prosecution for capital murder following rape occurring on federal property. Court held that state had concurrent jurisdiction with U.S.
1. Concessions Co. v. Morris, 109 Wash. 46, 186 P. 655 (1919):
Question of whether private property located at Camp Lewis, property within U.S. jurisdiction, could be taxed by state. Court held that property was outside state's jurisdiction and could not be taxed.
2. State ex rel. Grays Harbor Const. Co. v. Dept. of Labor and Industries, 167 Wash. 507, 10 P.2d 213 (1932):
Dept. of Labor contended that contractor working for U.S. in Rainier National Park was subject to state industrial insurance program (workmen's comp.). Finding that state law was in effect prior to date the U.S. acquired jurisdiction, court held that the state law applied within the park.
3. Murray v. Joe Gerrick & Co., 172 Wash. 365, 20 P.2d 591 (1933):
Deceased worked upon a crane located at Puget Sound Navy Yard and was killed in accident. Claim against company initiated under workmen's comp. law enacted after jurisdiction of property transferred to U.S. Held, the law had no application in U.S. jurisdiction. Affirmed, Murray v. Joe Gerrick and Co., 291 U.S. 315, 54 S.Ct. 432 (1934).
4. Ryan v. State, 188 Wash. 115, 61 P.2d 1276 (1936):
Ryan opposed imposition of state taxes for his activities on federal dam project known as Columbia Basin Project. Court held him so subject; case is predicate for Silas Mason opinion.
5. State v. Rainier National Park Co., 192 Wash. 592, 74 P.2d 464 (1937):
Question involved whether state's workmen's comp. law applied within Mount Rainier National Park, within U.S. jurisdiction. Held, state law, substantially different from that in effect at time of cession, didn't apply and Congressional act on same subject did.
6. Alaska v. Baker, 64 Wash.2d 207, 390 P.2d 1009 (1964):
Baker was partner in company which did business for federal government on its property in Alaska; he failed to pay business license tax and Alaska sued in Washington state court to recover. Court held that the Alaska tax was collectible under the Buck Act.
7. Lyda v. Port of Walla Walla, 9 Wash. App. 115, 510 P.2d 1172 (1973):
Federal government, having jurisdiction over river bed, sold fill material to Port, which contracted for excavation of fill material with Sime Construction, who subcontracted with Lyda. Lyda performed part of the work then quit and sued for recovery of compensation under contract. The Port defended arguing that state law prevented suit by unlicensed contractor. Court held that state law applied as federal jurisdiction was only remotely related to contract; Lyda recovered nothing.
8. State v. Williams, 23 Wash. App. 694, 598 P.2d 731 (1979):
Defendants convicted of unlawful possession of shellfish taken from U.S. island, acquired for limited purpose. Court held state had jurisdiction.
1. Carnegie-Illinois Steel Corp. v. Alderson, 127 W.Va. 807, 34 S.E.2d 737 (1945):
Steel company challenged occupational tax imposed by state for activities; tax was upheld on basis of Buck Act.
2. Adams v. Londeree, 139 W.Va. 748, 83 S.E.2d 127 (1954):
Resident of federal enclave became candidate for mayor, and his qualifications to run were challenged on this basis. Held, candidate entitled both to run and vote.
1. In re O'Conner, 37 Wis. 379 (1875):
Warrant can be served at soldiers home titled to corporation, against claim that it can't because within federal enclave.
2. State v. Shepard, 239 Wis. 345, 300 N.W. 905 (1941):
Indian arrested for violating state gaming laws, offense occurring on land of U.S. in trust for Indians. Held, since U.S. held lands in proprietary status only, defendant was subject to this state law, not being within "Indian Country".
1. Scott v. United States, 1 Wyo. 40 (1871):
2. State v. Yellowstone Park Co., 57 Wyo. 502, 121 P.2d 170 (1942):
Park Company contested gas tax on gas it used within Yellowstone Park, in U.S. jurisdiction. Court held tax invalid as state had power to tax within enclave only to extent permitted by Congressional law, which allowed sales tax but not use tax.
3. Texas Co. v. Siefried, 60 Wyo. 142, 147 P.2d 837 (1944):
Gas wholesaler sold gas to contractors building roads in Yellowstone and state sought collection of sales tax. Tax was challenged but upheld on grounds that Congress permitted the tax.