(Last update: September 1, 1999)
CIRCUIT JURISDICTION CASES
1. United States v. Travers, 28 Fed. Cas. 204, No. 16,537 (C.C.D. Mass. 1814):
Sailor in U.S. Navy yard had completed his Naval service and was discharged, but committed murder of an officer in a fight before leaving. This "opinion" is the jury instructions in the case, with the court holding that the yard was within U.S. jurisdiction.
2. United States v. Davis, 25 Fed. Cas. 781, No. 14,930 (C.C.D. Mass. 1829):
Federal indictment for larceny at a Marine Hospital in Massachusetts, and defendant challenged jurisdiction. Justice Story held that the U.S. had jurisdiction over the offense via state cession and that Assimilative Crimes Act applied.
3. United States v. Ames, 24 Fed. Cas. 784, No. 14,441 (C.C.D. Mass. 1845):
Ames built a dam on his land which caused flooding on U.S. lands; U.S. sued for trespass. The question in the case was whether state law and its damage remedy applied. Court held that property was within U.S. jurisdiction, thus state law did not apply.
4. Kelly v. United States, 27 F. 616 (D.Me. 1885):
Defendant charged with manslaughter committed at Fort Popham in U.S. jurisdiction; defense contended that state never ceded jurisdiction. In upholding federal court's jurisdiction, court cited Maine's cession statute and opinion in State v. Kelly, 76 Me. 331.
5. Pothier v. Rodman, 291 F. 311 (1st Cir. 1923):
Pothier indicted for murder in federal court in Washington for offense occurring at Camp Lewis; he was arrested in Rhode Island. Challenge via habe to jurisdiction on extradition was on grounds that Camp Lewis was still within state's jurisdiction, and appellate court agreed. Reversed, Rodman v. Pothier, 264 U.S. 299, 44 S.Ct. 360 (1924).
6. City of Springfield v. United States, 99 F.2d 860 (1st Cir. 1938):
US Post office ceased operation in 1933 and property was thereafter leased to private interest and then sold. City sought to impose real estate tax in 1937 because U.S. was not using the property. Court held that, even though the city and state had jurisdiction over the property, no tax which interfered with the sale could be imposed.
7. City of Franklin v. Coleman Bros. Corp., 152 F.2d 527 (1st Cir. 1945):
The U.S. bought property for dam project and state ceded jurisdiction. The corporation contracted with U.S. to build dam and city imposed personal property tax. Held, city had no jurisdiction to impose the tax.
8. Berube v. White Plains Iron Works, Inc., 211 F.Supp. 457 (D.Me. 1962):
Both parties involved in auto accident at Loring Air Force Base, defendant being engaged there in construction. Berube apparently sued in state court and attempted long arm service, and suit was removed. Court dismissed suit, finding that defendant did not conduct business in Maine.
9. Economic Development and Industrial Corp. of Boston v. United States, 546 F.Supp. 1204 (D. Mass. 1982):
State deeded title and jurisdiction of tract in question to U.S., but reserved an interest in event U.S. ceased using land as naval grounds. Thereafter, state enacted law requiring recording of instruments to protect reversion, a failure resulting in loss. Here, state did not record instrument regarding its above reversion. In contest over whether development corporation could still claim reversion, it prevailed by the "skin of its teeth."
1. United States v. Knapp, 26 Fed. Cas. 792, No. 15,538 (S.D.N.Y. 1849):
Federal prosecution for theft occurring at West Point, with defendant challenging jurisdiction. Finding that the state had ceded jurisdiction to the U.S., court upheld federal jurisdiction.
2. United States v. Barney, 24 Fed. Cas. 1011, No. 14,524 (C.C.S.D.N.Y. 1866):
Defendant charged with forging and uttering false bond for revenue purposes relating to export of distilled spirits; defendant challenged jurisdiction which was based on a strained argument built on Assimilative Crimes Act. Court held that New York laws, repealed prior to date state ceded jurisdiction of property to U.S., did not apply to the property in question.
3. Middleton v. La Compagnie Generale Transatlantique, 100 F. 866 (2nd Cir. 1900):
Deceased engaged in "mine work" in N.Y. harbor in small boat; wake of another swamped and drowned deceased. Widow sued, and question was related to place of accident, alleged within state of NY. Court held that Sandy Hook, an island near scene of accident in U.S. jurisdiction, had no effect on jurisdiction over the waters. State law was applied.
4. United States v. City of Buffalo, 54 F.2d 471 (2nd Cir. 1931):
Property of U.S. was bought in 1920, and used until 1923, when U.S. entered contract to sell property. This action involved contention of whether taxes since 1920 could be collected. Held, no taxes could be imposed during time of U.S. ownership.
5. Quadrini v. Sikorsky Aircraft Division, United Aircraft Corp., 425 F.Supp. 81 (D.Conn. 1977):
Helicopter with two Marines aboard crashed in federal enclave in North Carolina. Case deals with McGlinn rule.
6. Sylvane v. Whelan, 506 F.Supp. 1355 (E.D.N.Y. 1981):
Action to abate as nuisance public nude bathing occurring in federal park. The court, noting impliedly the McGlinn rule via Sadrakula, was troubled by lack of explicit state law and fact that U.S. only had concurrent jurisdiction; complaint was dismissed.
7. Vasina v. Grumman Corp., 644 F.2d 112 (2nd Cir. 1981):
Navy pilot killed in plane crash occurring at Boardman Bombing Range in Oregon; widow sued aircraft manufacturer and recovered large award. On appeal, Grumman argued for application of Oregon law at time U.S. acquired jurisdiction, but appellate court applied present Oregon law via federal statute.
1. United States v. Andem, 158 F. 996 (D.N.J. 1908):
Prosecution for forging corporate seal to a pleading filed in federal court, located in a building within U.S. jurisdiction. Prosecution used Assimilative Crimes Act and relied on state statute. Defendant challenged federal court's jurisdiction, but the court found U.S. ownership of lands and state cession; motion was denied.
2. United States v. Mayor and Council of City of Hoboken, 29 F.2d 932 (D.N.J. 1928):
City sought to tax piers owned by U.S.; U.S. sought and obtained, injunction regarding taxes. Court entered injunction for one year only, and taxes for subsequent years were to be adjudicated between parties pursuant to state law.
3. Capetola v. Barclay White Co., 139 F.2d 556 (3rd Cir. 1943):
Plaintiff injured while working at Philadelphia Navy Yard, and he obtained workmen's comp. benefits under state law. He then sued to recover further on grounds that the state statute was inapplicable in the federal enclave. Court held that, by act of Congress, the state law applied in the enclave, thus plaintiff had recovered all allowed by law.
4. United States v. City of Chester, 144 F.2d 415 (3rd Cir. 1944):
The U.S. filed suit against city which was attempting to apply its building code to housing being built on U.S. property. Notwithstanding presence of U.S. jurisdiction, court held that city's building code did not apply because of language of federal statute.
5. Ackerly v. Commercial Credit Co., 111 F.Supp. 92 (D.N.J. 1953):
Suit for damages for death caused by explosion at South Amboy. One defendant challenged process on grounds that it wasn't doing business in New Jersey; it argued that most of its business was within a U.S. enclave, and very little in the state. But, court disagreed and held it was doing business in state.
6. Application of Thompson, 157 F.Supp. 93 (E.D.Pa. 1957):
Petitioner resided in New Jersey but worked at Philadelphia Navy Shipyard, a federal enclave. City imposed income tax pursuant to Buck Act, and defendant failed to pay and was arrested. Court upheld tax nonetheless. Affirmed, United States ex rel. Thompson v. Lennox, 258 F.2d 320 (3rd Cir. 1958).
7. United States v. Lewisburg Area School District, 539 F.2d 301 (3rd Cir. 1976):
School district and county sought to impose per capita tax and occupation tax on residents of federal penitentiary, within U.S. jurisdiction. The U.S. sued to enjoin such effort. Court held that the Buck Act permitted the occupation tax but not the per capita tax.
8. Water Isle Hotel and Beach Club, Ltd. v. Kon Tiki St. Thomas, Inc., 795 F.2d 325 (3rd Cir. 1986):
The U.S. owned an island in Virgin Islands and leased to Beach Club. Virgin Islands had an open shore law, exploited by Kon Tiki, which brought people to the U.S. island to use beach. Beach Club sought to enjoin Kon Tiki's use of the beach, but Court held that the U.S. had only a proprietary interest in the island, and that open shore law applied and permitted Kon Tiki's use.
1. Ex parte Tatem, 23 Fed. Cas. 708, No. 13,759 (E.D.Va. 1877):
Federal prosecution for murder committed at Navy yard in Virginia; defendant released on bail. Defendant filed habe when state arrested and incarcerated him for state offense. Because the U.S. owned the lands in question and state had ceded jurisdiction, court held State had no jurisdiction of offense and granted the habe.
2. United States v. Penn, 48 F. 669 (E.D.Va. 1880):
U.S. found not to have jurisdiction to prosecute for petit larceny at Arlington Cemetery.
3. Crook, Horner & Co. v. Old Point Comfort Hotel Co., 54 F. 604 (E.D.Va. 1893):
The Chamberlin Hotel was under construction on U.S. property, Fortress Monroe, in U.S. jurisdiction. Mortgage and other liens were filed of record in county of the state, and question involved was that of priority of the liens. The Virginia cession statute provided for reversion of title to state in event of abandonment. The court found that the U.S. had abandoned military use of the hotel cite, thus the state laws regarding liens had application.
4. United States v. Cordy, 58 F.2d 1013 (D.Md. 1932):
State gasoline tax held inapplicable to sales made at Fort Meade, within U.S. jurisdiction.
5. Mannix v. United States, 140 F.2d 250 (4th Cir. 1944):
Defendant charged with attempted rape at U.S. Public Health Service office on U.S. property. Court held that this fact gave the court jurisdiction.
6. United States v. Watson, 80 F.Supp. 649 (E.D.Va. 1948):
Defendant charged with several traffic offenses occurring on road near Quantico; his attack on jurisdiction was sustained and court stated:
"Without proof of the requisite ownership or possession of the United States, the crime has not been made out."7. Markham v. United States, 215 F.2d 56 (4th Cir. 1954):
Petitioner, convicted of murder committed at Old Army Base in Norfolk, sought a 2255 vacation of his sentence on jurisdictional grounds. Besides the presence of several indicators of federal jurisdiction, the court concluded this issue could not be raised via a 2255.
8. United States v. Dreos, 156 F.Supp. 200 (D.Md. 1957):
Lawyer tagged for speeding on Balto-Washington Parkway, and he challenged jurisdiction and radar guns. Jurisdictional challenge denied on grounds that the U.S. had concurrent jurisdiction over this parkway, and on basis of property clause.
9. Stokes v. Adair, 265 F.2d 662 (4th Cir. 1959):
Auto accident occurring at Fort Leavenworth, Kansas; Virginia citizen then sued Virginia citizen in federal court, but suit was dismissed for alleged lack of diversity. Court held, however, that McGlinn rule made state law federal and action was valid based on federal law.
10. United States v. Gray Line Water Tours of Charleston, 311 F.2d 779 (4th Cir. 1962):
Tour company was landing visitors at pier to Fort Sumter and U.S. brought action to enjoin. In upholding injunction, court upheld grant of concession to tour company's competitor on property clause grounds.
11. United States v. Schuster, 220 F.Supp. 61 (E.D.Va. 1963):
Prosecution for unauthorized use of auto under state law via Assimilative Crimes Act; car was taken from lot rented to U.S., adjoining a base. State law granted concurrent jurisdiction to U.S. for leased property so the court upheld federal jurisdiction.
12. United States v. Lovely, 319 F.2d 673 (4th Cir. 1963):
Lovely convicted of rape committed at New Fort Jackson in South Carolina; he thereafter sought release via a 2255 on jurisdictional grounds. On appeal of denial of motion, court stated that an old state cession statute requiring the U.S. to record evidence of title, if still effective, would prevent U.S. having jurisdiction here because the U.S. failed to record. But another state cession statute didn't require such recording, so the court concluded federal jurisdiction existed.
13. Bartsch v. Washington Metro. Area Transit Comm., 357 F.2d 923 (4th Cir. 1966):
Taxicab owner sought review of agency order; court held that National Airport was in U.S. jurisdiction.
14. Cornman v. Dawson, 295 F.Supp. 654 (D.Md. 1969):
Residents of federal enclave sought right to vote in state elections. Because of federal legislation permitting the state to exercise jurisdiction in federal enclaves, and because state law granted many rights to enclave residents, court held they were entitled to vote. Affirmed, Evans v. Cornman, 398 U.S. 419, 90 S.Ct. 1753 (1970).
15. Board of Supervisors of Fairfax County, Va. v. United States, 408 F.Supp. 556 (E.D.Va. 1976):
County brought action to enjoin a public nuisance, which was a reformatory owned and operated by the U.S. County wanted the U.S. to curtail use of the place as a prison. This decision was simply on a motion to dismiss, and court discussed McGlinn rule that state nuisance laws at time of cession would be applicable.
16. United States v. Holmes, 414 F.Supp. 831 (D.Md. 1976):
Defendant entered Aberdeen Proving Grounds by wading into the water and was arrested by U.S. officers. She attacked jurisdiction by alleging that the waters around Aberdeen were in state jurisdiction. Court found, however, that the U.S. had jurisdiction of the waters.
17. Pratt v. Kelly, 585 F.2d 692 (4th Cir. 1978):
Action concerning auto accident on Blue Ridge Parkway commenced in federal court but dismissed on lack of subject matter jurisdiction. Court affirmed, holding that the state in cession reserved jurisdiction over civil matters.
18. United States v. South Carolina, 578 F.Supp. 549 (D.S.C. 1983):
The U.S. sought injunction against state law requiring military installations to buy alcoholic beverages only from state licensed dealers. Court held state law unconstitutional as to these federal enclaves and ruled that state statute was pre-empted via regulations.
1. United States v. Hopkins, 26 Fed. Cas. 371, No. 15,387a (C.C.D.Ga. 1830):
State cession statue applied only to federal forts; in federal murder prosecution arising from a duel at an arsenal, court held that U.S. had no jurisdiction.
2. United States v. Meagher, 37 F. 875 (W.D.Tex. 1888):
Defendant indicted for murder committed at Fort Clark and this case is the jury instructions given. Court held that the state had ceded jurisdiction of the fort to the U.S.
3. United States v. Lewis, 111 F. 630 (W.D.Tex. 1901):
Defendant indicted for murder committed at Fort Sam Houston, and this case was the jury instructions given. Court instructed regarding necessity of state cession, here proven, to give the court jurisdiction.
4. Pundt v. Pendleton, 167 F. 997 (N.D.Ga. 1909):
A teamster employed and residing at Fort Oglethorpe was alleged to be subject to state road and repair duty; when he failed to appear, he was jailed and this was a habe to get him out. The court found him not liable for road duty on grounds that the state law interfered with the fort.
5. Brown v. United States, 257 F. 46 (5th Cir. 1919):
Defendant, a contractor at post office site, murdered another, but challenged court's jurisdiction. The court found ownership and cession and upheld jurisdiction as well as indictment's pleading of jurisdiction.
6. England v. United States, 174 F.2d 466 (5th Cir. 1949):
Defendant, in the Army, took a check from Fort Sam Houston and was prosecuted for larceny. His challenge to the information on jurisdictional grounds was not upheld.
7. United States v. Nebo Oil Co., 90 F.Supp. 73 (W.D.La. 1950):
The inevitable collision between mineral and surface owner, with the U.S. here being surface owner. The opinion is long, deals extensively with minerals and applies jurisdictional rules. (Of interest: U.S. is not "within jurisdiction" of state).
8. Mater v. Holley, 200 F.2d 123 (5th Cir. 1952):
Personal injury action for events occurring at Fort McPherson; district court dismissed for lack of jurisdiction in absence of diversity. Court found that U.S. was owner of property and had jurisdiction; state torts law pursuant to McGlinn rule applied in enclave and were federal laws, hence the action was good.
9. City of Birmingham v. Thompson, 200 F.2d 505 (5th Cir. 1952):
City sought building permit from contractor of Veteran's Hospital. Finding ownership and cession of jurisdiction with no reservation in state concerning building permits, court found that city had no jurisdiction to impose permit requirement.
10. Hudspeth v. United States, 223 F.2d 848 (5th Cir. 1955):
Jurisdictional challenge was not upheld, as place was within U.S. jurisdiction.
11. Krull v. United States, 240 F.2d 122 (5th Cir. 1957):
In rape prosecution, jurisdiction upheld, court finding ownership and cession.
12. Stockwell v. Page Aircraft Maintenance, 212 F.Supp. 102 (M.D.Ala. 1962):
Service of process for corporation at Fort Rucker; held that the fort was within Alabama as state never ceded jurisdiction.
13. Gainey v. United States, 324 F.2d 731 (5th Cir. 1963):
Manslaughter conviction for event occurring at U.S. Penitentiary; held the pen was an area over which the U.S. had legislative jurisdiction.
14. Halpert v. Udall, 231 F.Supp. 574 (S.D.Fla. 1964):
U.S. acquired land for Everglades and state ceded jurisdiction. Private land owner in park challenged closing of road and regulation he contended affected value of his property; claims were dismissed.
15. Fountain v. New Orleans Public Service, Inc., 265 F.Supp. 630 (E.D.La. 1967):
Wrongful death action for events occurring in Foreign Trade Zone at Port of New Orleans. Plaintiff claimed the zone to be "under the jurisdiction of the U.S."; however, court dismissed complaint because the U.S. did not own or lease the land and state had never ceded jurisdiction.
16. Dekalb County, Ga. v. Henry C. Beck Co., 382 F.2d 992 (5th Cir. 1967):
Action by county to collect permit fee from contractor building a hospital on U.S. lands at Emory. Summary judgment against county was reversed on appeal, the court finding that the U.S. never accepted jurisdiction, and that record was devoid of facts necessary to make a supremacy clause finding regarding county's building code.
17. Mississippi River Fuel Corp. v. Cocreham, 382 F.2d 929 (5th Cir. 1967):
The U.S. owned and had state cession for Barksdale A.F.B., upon which the corporation was producing oil and gas for which state sought to impose severance tax. Court held that severance tax could not be imposed in this place outside the jurisdiction of the state.
18. Graham v. Brewer, 295 F.Supp. 1140 (N.D.Ala. 1968):
Plaintiff was arrested for possession of liquor in dry county, when liquor was bought in a wet county. One arrest occurred at Wilson Dam, alleged to be in U.S. jurisdiction. This declaratory judgment action was dismissed, court finding no proof of U.S. jurisdiction.
19. United States v. Townsend, 474 F.2d 209 (5th Cir. 1973):
Townsend convicted of receiving stolen property taken from Reese A.F.B., in U.S. jurisdiction. His conviction was reversed when court reviewed the record and determined that there was no evidence showing receipt of the stolen property within U.S. jurisdiction.
20. United States v. Benson, 495 F.2d 475 (5th Cir. 1974):
Robbery committed at Fort Rucker, within U.S. jurisdiction; defendant convicted and challenged jurisdiction. In affirming conviction, court held:
"It is axiomatic that the prosecution must always prove territorial jurisdiction over a crime in order to sustain a conviction therefor."Court took judicial notice regarding Fort Rocker.
21. Leonard v. United States, 500 F.2d 673 (5th Cir. 1974):
Defendant charged with rape, the abduction occurring at Maxwell A.F.B., but completed off-base. Court held that the U.S. had jurisdiction over offense.
22. Vincent v. General Dynamics Corp., 427 F.Supp. 786 (N.D.Tex. 1977):
Employees challenged collective bargaining agreements to federal enclave, an air force plant, arguing the applicability of Texas "right to work" law. Court held that the right to work law did not apply in this federal enclave.
23. United States v. Gliatta, 580 F.2d 156 (5th Cir. 1978):
Dispute over parking at post office facility resulted in defendant being charged for violating regulations. On appeal from conviction, defendant attacked jurisdiction. The court found that the U.S. had no cession, but upheld convictions on property clause basis.
24. Lord v. Local Union No. 2088, I.B.E.W., 646 F.2d 1057 (5th Cir. 1981):
Challenge to collective bargaining agreement as to two federal enclaves, Patrick A.F.B. and Cape Canaveral A.F.B., based on state "right to work" law. Court held that state law was pre-empted by the federal and did not apply within enclave.
25. Bonner v. Chevron U.S.A., 668 F.2d 817 (5th Cir. 1982):
Bonner sued Chevron for injuries received at oil platform on continental shelf; court held that act of Congress made state law applicable.
1. United States v. Tierney, 28 Fed. Cas. 159, No. 16,517 (C.C.S.D. Ohio 1864):
Federal prosecution for theft of mule from Camp Hurtt, which was leased property. Defendant's challenge to jurisdiction was sustained because leased lands were subject to state jurisdiction.
2. United States v. Tucker, 122 F. 518 (W.D.Ky. 1903):
Defendant indicted for assault with intent to murder committed at a federal dam in U.S. jurisdiction. Court found U.S. ownership and state cession and upheld jurisdiction.
3. Falls City Brewing Co. v. Reeves, 40 F.Supp. 35 (W.D.Ky. 1941):
Brewing company sold liquor to post exchange at Fort Knox; it filed suit against state officer who contended that permit was needed to sell at exchange on basis of Buck Act. Held, under facts, Buck Act did not apply and state had no taxing authority at Fort Knox.
4. First Hardin National Bank v. Fort Knox National Bank, 361 F.2d 276 (6th Cir. 1966):
Fort Knox Bank sought to establish a branch in adjoining town and local banks challenged the attempt as unlawful. Court disagreed and permitted the branch.
5. United States v. Blunt, 558 F.2d 1245 (6th Cir. 1977):
Inmate at F.C.I. in Lexington was convicted of assault with deadly weapon and challenged jurisdiction. Court took judicial notice that the prison was within U.S. territorial jurisdiction.
6. United States v. McGee, 432 F.Supp. 557 (S.D. Ohio 1977):
Dayton sought to annex Wright-Patterson A.F.B. to city and U.S. sued for injunction, which was granted. Court held that, when U.S. opposed annexation on grounds of interference, court would prevent annexation. Affirmed, 611 F.2d 375 (6th Cir. 1979).
7. United States v. McGee, 714 F.2d 607 (6th Cir. 1983):
Second attempt by Dayton to annex Wright-Patterson enjoined.
1. United States v. Railroad Bridge Co., 27 Fed. Cas. 686, No. 16,114 (C.C.N.D. Ill. 1855):
Rock Island, in the Mississippi River, had at one time been a federal fort, but fort was abandoned and island was in the public domain. Illinois legislature chartered railroad and gave it eminent domain powers and railroad took land on island for bridge. Since the U.S. has no jurisdiction over property, it was subject to state jurisdiction and federal property could be taken via eminent domain. This case had good discussion of proprietorial lands of U.S.
2. World's Columbian Exposition v. United States, 56 F. 654 (7th Cir. 1893):
The U.S. sought to enjoin opening of exposition on Sunday, contrary to its desires and statute. But, since U.S. had no property interest in the exposition, injunction denied; the U.S. did not own property or have a cession.
3. In re Kelly, 71 F. 545 (E.D.Wis. 1895):
Kelly was charged with assault with deadly weapon at National Soldier's Home, property being owned by corporation. Court held there was no federal jurisdiction, on grounds that cession act of state could not be construed as conveying exclusive jurisdiction.
4. Bennett v. Ahrens, 57 F.2d 948 (7th Cir. 1932):
Lawyer charged via state indictment with attempted murder and was arrested on grounds of federal building in East St. Louis. Court held arrest as validly executed on federal property.
5. United States v. Gill, 204 F.2d 740 (7th Cir. 1953):
Various federal assault charges were filed against defendant, the facts arising from a boat trip across Lake Michigan near Indiana. Court held there was federal jurisdiction.
6. Williams v. United States, 145 F.Supp. 4 (W.D.Wis. 1956):
Lady fell at post office and was severely injured; she filed tort claim against U.S. contending that the absence of handrails at the post office was negligence and same was required by state law. Court dismissed claim, finding state law didn't apply.
7. United States v. Pate, 393 F.2d 44 (7th Cir. 1968):
Pate was convicted in state court for murder at Post Office; court held that Post Office was within state's jurisdiction, the U.S. not having accepted jurisdiction.
8. United States v. Johnson, 426 F.2d 1112 (7th Cir. 1970):
Defendant convicted of burglary at Veteran's Hospital, in U.S. jurisdiction. Finding the U.S. owned the land prior to 1940, court held there was federal jurisdiction.
9. United States v. Tanner, 471 F.2d 128 (7th Cir. 1972):
Defendants convicted of transporting explosives in interstate commerce and other charges stemming from scheme to blow up ships. Most convictions were affirmed, except for that involving destruction of ships within admiralty jurisdiction of U.S. Here, the facts were that the ship blown up was at Calumet Harbor, a place within Illinois jurisdiction; these convictions were reversed.
1. Martin v. House, 39 F. 694 (E.D.Ark. 1888):
State court can't execute on property in U.S. jurisdiction.
2. Bannon v. Burnes, 39 F. 892 (W.D.Mo. 1889):
Ceded property not subject to taxation.
3. In re Ladd, 74 F. 31 (D.Neb. 1896):
State arrested Ladd, an officer running post exchange at Fort Robinson, for unlawful sale of liquor without state license. Ladd sought habeas corpus and court granted it holding that state law did not apply at Fort Robinson.
4. Hollister v. United States, 145 F. 773 (8th Cir. 1906):
Another charged with larceny on Indian lands and Hollister posted bond, which was forfeited. Issue involved jurisdiction over Indian lands, and the same was upheld.
5. Robbins v. United States, 284 F. 39 (8th Cir. 1922):
Defendant was transporting for hire within National Park without permission from director, and the U.S. sought and obtained injunction. Court held that regulations requiring permit were valid under property clause.
6. Williams v. Arlington Hotel Co., 22 F.2d 669 (8th Cir. 1927):
Hotel, in U.S. jurisdiction, destroyed by fire and action brought for property damage. Court held that McGlinn rules applied to the property.
7. St. Louis-San Francisco Ry. Co. v. Satterfield, 27 F.2d 586 (8th Cir. 1928):
Railroad challenged state's authority to tax its property located at Fort Sill. Court held that state cession statute reserved right to tax so the tax was valid.
8. United States v. Unzeuta, 35 F.2d 750 (8th Cir. 1929):
Court held that U.S. had no jurisdiction over murder committed in freight car inside Fort Robinson; reversed, 281 U.S. 138, 50 S.Ct. 284 (1930).
9. Hill v. Ring Const. Co., 19 F.Supp. 434 (W.D.Mo. 1937):
This case is an anomaly regarding the McGlinn rule; it deals with cubic yards.
10. Coffman v. Cleveland Wrecking Co. of Cincinnati, 24 F.Supp. 581 (W.D.Mo. 1938):
Held, that McGlinn rule made state law so incorporated federal.
11. Jewell v. Cleveland Wrecking Co., 28 F.Supp. 364 (W.D.Mo. 1938):
State case involving personal injuries on federal property removed to federal court; held, state court had jurisdiction.
12. Olsen v. McPartlin, 105 F.Supp. 561 (D.Minn. 1952):
Suit based on accident occurring at Fort Snelling held sustainable in federal court on grounds of federal question, the court following the McGlinn rule.
13. United States v. Heard, 270 F.Supp. 198 (W.D.Mo. 1967):
Defendant charged with carrying concealed weapon at Jobs Corps Center, within U.S. jurisdiction. Finding both U.S. ownership and state cession, defendant's challenge to jurisdiction was denied.
14. United States v. City of Bellevue, Neb., 474 F.2d 473 (8th Cir. 1973):
City's effort to annex SAC base denied and subjected to injunction; such would interfere with base.
15. United States v. Redstone, 488 F.2d 300 (8th Cir. 1973):
Defendant convicted of assault with dangerous weapon, event occurring at Fort Lincoln Military Reservation. Court found U.S. ownership and state cession and upheld jurisdiction.
16. United States v. Goings, 504 F.2d 809 (8th Cir. 1974):
Assault prosecution for event occurring on land owned by corporation. On appeal from dismissal of case, court held that U.S. had at one time owned and had jurisdiction over the property; but when it conveyed lands to corporation, the United Tribes, it lost jurisdiction.
17. United States v. Consolidated Wounded Knee Cases, 389 F.Supp. 235 (D.Neb. 1975):
Some 65 Indians charged for acts committed near Wounded Knee, S.D., on Pine Ridge Indian Reservation; these defendants challenged jurisdiction arguing that the Sioux Indians were separate nation. But, the court found it had jurisdiction, but the fact of U.S. ownership of lands does not appear in opinion.
18. United States v. Brown, 552 F.2d 817 (8th Cir. 1977):
Defendant convicted of hunting in violation of regulations for National Park. His challenge to jurisdiction was denied based on property clause.
19. Minnesota by Alexander v. Block, 660 F.2d 1240 (8th Cir. 1981):
State and many others challenged federal act's application to land not owned by U.S. Court held that act could control activity on non-federal lands under property clause.
20. Black Hills Power & Light Co. v. Weinberger, 808 F.2d 665 (8th Cir. 1987):
Held, state could not dictate which electric company would supply power to Ellsworth A.F.B.
21. United States v. Parker, 622 F.2d 298 (8th Cir. 1980):
Murder case with victim being hit over head off of Fort Leonard Wood; victim left at isolated spot on base. Court held that if murder occurred off base, there would be no federal jurisdiction.
1. Ex parte Sloan, 22 Fed. Cas. 324, No. 12,994 (D. Nev. 1877):
After Nevada was admitted into Union, the U.S. reserved title to Moapa Indian reservation, which was place of murder of government employee. Defendants challenged federal murder indictment on jurisdictional grounds by filing habe. Court granted habe on basis that Nevada and not the U.S. had jurisdiction over the crime. Defendants were released to state custody.
2. Sharon v. Hill, 24 F. 726 (D.Cal. 1885):
During a deposition, defendant drew a pistol and made threats, such offense occurring in courthouse. This opinion was made to give notice that carrying guns in the courthouse was thereafter to be considered an offense against the United States, since the courthouse was within exclusive jurisdiction of the U.S.
3. United States v. Bateman, 34 F. 86, 89 (N.D.Cal. 1888):
Defendant indicted for murder committed at Presidio, and attacked court's jurisdiction on grounds that the U.S. did not have jurisdiction there. The Court agreed, dismissed the indictment and held:
"The United States were both proprietors and sovereigns of the Presidio lands till the admission of the State of California into the Union. By the act of admission, reserving only their proprietary right over these lands, they relinquished to the state their governmental or local sovereign right, and jurisdiction, and were thenceforth only proprietors in the sense that any natural person owning land is a proprietor. Having so relinquished their sovereign rights, that condition remains to this day, unless the state has in some way, either directly or by implication, receded to the United States its sovereign jurisdiction. This could be done by direct cession, or by consenting through its legislature to the purchase of land for such governmental purposes, and a purchase for such purposes in pursuance of such consent. Neither has been done in this instance."4. United States v. San Francisco Bridge Co., 88 F. 891, 894 (N.D. Cal. 1898):
Defendant company was engaged in building a federal post office in San Francisco; contrary to law of U.S., it required or permitted laborers to work more than 8 hours a day. Conviction of company upheld, notwithstanding challenge to jurisdiction, the U.S. here not having any. Conviction was upheld impliedly on property clause and the control of Congress over public works of the U.S., matters outside state jurisdiction. But, court did state:
"Upon this state of facts, it must be held that the state of California retains complete and exclusive political jurisdiction over such land, and, this being so, there can be no question that person there committing murder, or any other offense denounced by its laws, would be subject to trial and punishment by the courts of the state."5. United States v. Tully, 140 F. 899 (D.Mon. 1905):
Defendant charged with murder committed at Fort Missoula, a place within U.S. jurisdiction. However, crime was committed in area of fort subject to state jurisdiction, and defendant's challenge to jurisdiction of the U.S. was upheld, the court holding that the lands where the crime was committed was within state jurisdiction.
6. United States v. Holt, 168 F. 141 (W.D.Wash. 1909):
Defendant convicted of a murder committed at Fort Worden, in U.S. jurisdiction. Defendant challenged the court's jurisdiction post-trial, but the same was upheld, the court finding that the U.S. owned the land and the state had ceded jurisdiction. Affirmed, Holt v. United States, 218 U.S. 245, 31 S.Ct. 2 (1910).
7. United States v. Pierce County, 193 F. 529, 531 (W.D.Wash. 1912):
The U.S. acquired several lots for erection of post office and courthouse; after acquisition and state cession, a tax was imposed on such property. Court invalidated the tax, stating:
"In the case of lands acquired by the United States for needful public buildings, with the consent of the state legislature, as is the situation here, the national Constitution withdraws such 'places' entirely from the jurisdiction of the state immediately upon their purchase by the general government."8. Steele v. Halligan, 229 F. 1011 (W.D.Wash. 1916):
Action for personal injuries to inmate in federal prison which was removed to federal court. Here, U.S. owned prison lands and had state cession of jurisdiction. In challenge to removal petition, court held that laws of state regarding private rights in existence at time of cession become the law of federal enclave, until conflicting legislation is passed by Congress.
9. United States v. Lewis, 253 F. 469 (S.D.Cal. 1918):
To an indictment charging an Indian with murder of another Indian, a plea to the court's jurisdiction was made. Land in question was public domain lands subject to homestead, and U.S. held title in trust for Indians. Finding that California had not ceded jurisdiction of this land to the U.S., court dismissed indictment.
10. United States v. Wurtzbarger, 276 F. 753 (D.Or. 1921):
Defendant indicted for murder occurring at Indian school and challenged the court's jurisdiction. Finding U.S. ownership and state cession, the motion was denied.
11. United States v. Hunt, 19 F.2d 634 (D.Az. 1927):
The U.S. sued to enjoin state officials who were attempting to stop U.S. from killing deer on its lands in violation of state gaming law. On property clause basis, injunction was issued. Affirmed, Hunt v. United States, 278 U.S. 96, 49 S.Ct. 38 (1928).
12. United States v. Watkins, 22 F.2d 437 (N.D.Cal. 1927):
Defendant indicted for murder committed at the Presido and moved to dismiss on grounds that the court had no jurisdiction. Court found a cession of jurisdiction and denied defendant's motion.
13. Yellowstone Park Trans. Co. v. Gallatin County, 31 F.2d 644 (9th Cir. 1929):
Park company instituted suit to challenge taxes imposed by county on its property located within the park, a place within U.S. jurisdiction. The court voided the taxes as being imposed outside of the county and state jurisdiction.
14. Six Companies, Inc. v. DeVinney, 2 F.Supp. 693 (D.Nev. 1933):
Corp. working at Boulder Canyon Project Federal Reservation sought to enjoin imposition of county taxes on grounds that the land in question was within U.S. jurisdiction. Land had been previously within public domain of U.S. and was merely set aside for this federal project. U.S. officials attempted to claim jurisdiction pursuant to state laws granting jurisdiction, but the Nevada governor denied such assertion. Court held that setting aside public domain lands for this dam construction project was not a purpose for which U.S. could obtain jurisdiction under the state cession statute. Finding state jurisdiction, the tax was upheld.
15. Rainier Nat. Park Co. v. Martin, 23 F.Supp. 60 (W.D. Wash. 1937):
Company operating in national park challenged imposition of state taxes. Finding that state cession statute reserved right of taxation in enclave, and finding act of Congress permitting taxation, the tax was upheld.
16. Yosemite Park & Curry Co. v. Collins, 20 F.Supp. 1009 (N.D.Cal. 1937):
Court held state law imposing fees on liquor sales did not fall within reservation in state act ceding jurisdiction to U.S. for park; reversed, Collins v. Yosemite Park & Curry Co., 304 U.S. 518, 58 S.Ct. 1009 (1938).
17. United States v. McGowan, 89 F.2d 201 (9th Cir. 1937):
The U.S. sought to forfeit two cars which possessed whisky in "Indian country." District court and 9th Circuit held that mere ownership of U.S. lands, in trust for Indians, did not create federal jurisdiction. Reversed, United States v. McGowan, 302 U.S. 535, 58 S.Ct. 286 (1938).
18. United States ex rel. Bowen v. Johnston, 58 F.Supp. 208 (N.D. Cal. 1944):
The continuing saga of Bowen's challenge to his imprisonment on jurisdictional grounds. His contention that the U.S. never accepted jurisdiction over Chickamauga National Park was not upheld.
19. United States v. Aho, 68 F.Supp. 358 (D.Or. 1944):
Drainage district, costs of which were born by land owners in the district, opposed acquisition of land in district by U.S. via eminent domain, the district contending it likewise was entitled to compensation. Court held that U.S. could not acquire the land without compensating the district.
20. Rogers v. Squier, 157 F.2d 948 (9th Cir. 1946):
Defendant convicted of rape committed at Fort Douglas in Utah sought habeas corpus on jurisdictional grounds. He argued that state reserved criminal jurisdiction over the fort in two separate cession statutes. Court found that the acts did confer jurisdiction to the U.S. and denied relief.
21. Petersen v. United States, 191 F.2d 154 (9th Cir. 1951):
The U.S. acquired lands for Kings Canyon National Park, but within park were some privately owned lands. California ceded jurisdiction for all lands inside the park and the question at issue was whether the private lands were likewise in U.S. jurisdiction. Private landowners obtained state permit to sell liquors and U.S. sought injunction. Court held that the state could cede jurisdiction to privately owned lands inside the park.
22. United States v. Fallbrook Public Utility District, 108 F.Supp. 72 (S.D.Cal. 1952):
Question involving water rights to Santa Margarita River.
23. State of California v. United States, 235 F.2d 647 (9th Cir. 1956):
Long case dealing with water rights of all parties; involves jurisdictional principles.
24. United States v. Warne, 190 F.Supp. 645 (N.D.Cal. 1960):
California's milk control law was challenged by U.S. insofar as it applied to military bases. The law regulated milk prices and imposed penalties. The court analyzed the title to each military base and the state cession statute applicable to each, as well as U.S. acceptance of jurisdiction. Court held California law inapplicable on jurisdiction and supremacy clause grounds.
25. United States v. Packard, 236 F.Supp. 585 (N.D.Cal. 1964):
Defendant was duly convicted of refusing to leave naval reservation.
26. Swanson Painting Co. v. Painters Local Union No. 260, 391 F.2d 523 (9th Cir. 1968):
Company working at Malmstrom A.F.B., in U.S. jurisdiction, held to be doing business in state for "long arm" service process.
27. Macomber v. Bose, 401 F.2d 545 (9th Cir. 1968):
Water rights dispute concerning private lands inside Glacier National Park, and question was whether the case involved a federal question. Court held that state cession, incorporating law regarding private rights, made this dispute one involving a federal question, the privately owned lands being in U.S. jurisdiction.
28. Arizona v. Manypenny, 445 F.Supp. 1123 (D.Az. 1977):
Immigration officer shot Mexican on U.S. property. Held, the state had jurisdiction of the criminal offense and state law applied, even though the case was removed to federal court.
29. United States v. 319.88 Acres of Land, 498 F.Supp. 763 (D.Nev. 1980):
U.S. sought to condemn private lands located inside Lake Mead National Recreation Area, and question of gambling was crucial to determination of compensation. A Park Service regulation prevented gambling on federally or privately owned property inside parks. Court found that the state had ceded concurrent jurisdiction of the property, even though privately owned, to the U.S., thus the regulation applied to the property and prevented gambling as a use.
30. Bilderback v. United States, 558 F.Supp. 903 (D.Or. 1982):
A Forest Service pack horse got loose, entered highway and was hit, causing damage and injuries; this was a tort claim against U.S. The U.S. argued for application of Oregon's open range law permitting animals to run free. Although the state held open a cession of jurisdiction of this property, the U.S. never accepted. But, under the property clause, regulations prohibiting free roaming existed, and court held these regulations applicable here.
31. United States v. Jenkins, 734 F.2d 1322 (9th Cir. 1983):
Defendant got into fight while attempting to enter Camp Pendleton military base and was charged with assault. After conviction, defendant's appeal challenged the lack of Article III status of U.S. magistrates. Court held that within U.S. jurisdiction, trial by magistrate was valid.
32. City of Alameda v. Todd Shipyards Corp., 635 F.Supp. 1447 (N.D.Cal. 1986):
City sold land to U.S., and U.S. sold to the corporation. The question involved the rights to land below watermark on tidelands. Case deals with jurisdictional principles.
33. United States v. Leavitt, 608 F.2d 1290 (9th Cir. 1979):
Leavitt convicted of careless driving in Olympic National Park; court held this was within U.S. jurisdiction.
34. Morgan v. United States, 709 F.2d 580 (9th Cir. 1983):
Wrongful death action for accident, electrocution, occurring at Grand Coulee Dam Recreation Area. Held, state law applied because of federal law.
35. Hildeband v. United States, 261 F.2d 354 (9th Cir. 1958):
Non-Indian defendant plead guilty to second degree murder committed on Indian reservation; on habe, defendant released: "The federal courts do not have jurisdiction of Washington intra-reservation crimes involving non-Indians," at 356. Indictment was dismissed.
1. United States v. Stahl, 27 Fed. Cas. 1288, No. 16,373 (C.C.D. Kan. 1868):
Held, that murder committed at Fort Harker was subject to state jurisdiction and not that of U.S. because state had not ceded jurisdiction.
2. Ex parte Hebard, 11 Fed. Cas. 1010, No. 6313 (C.C.D. Kan. 1877):
In 1875, Kansas ceded jurisdiction of Fort Leavenworth to the U.S. Here, Hebard was federally prosecuted for larceny committed at the fort. On challenge to jurisdiction, court held that the mere state cession of jurisdiction for property owned by U.S. was sufficient to confer jurisdiction; habe denied.
3. Danielson v. Donmopray, 57 F.2d 565 (D.Wy. 1932):
Deceased killed in car accident at Fort Francis E. Warren in Wyoming. State wrongful death action filed and then removed. Court followed McGlinn rule.
4. Dyhre v. Hudspeth, 106 F.2d 286 (10th Cir. 1939):
Mail fraud case; on habe, defendant discharged because use of the U.S. Mails, the jurisdictional basis for the case, was not a part of the fraud scheme.
5. Johnson v. Yellow Cab Transit Co., 137 F.2d 274 (10th Cir. 1943):
Officers Club at Fort Sill ordered liquor, which was seized by the state. Transit company sued and obtained injunction. Court held state liquor laws inapplicable to fort. Affirmed, 321 U.S. 383, 64 S.Ct. 622 (1974).
6. United States v. Chicago, R. I. & P. Ry. Co., 171 F.2d 377 (10th Cir. 1948):
Workmen's foot injured while train passed through Fort Sill. Company paid claim and instituted tort claim against U.S. Recovery based on state law permitted.
7. Murphy v. Love, 249 F.2d 783 (10th Cir. 1957):
Love was transporting liquors to Fort Leavenworth and obtained injunction prohibiting interference. Affirmed since state had no jurisdiction and tax on liquor was inapplicable via Buck Act.
8. Hayes v. United States, 367 F.2d 216 (10th Cir. 1966):
Prisoner convicted of murder committed at Leavenworth Prison challenged jurisdiction. Same was denied.
9. Hall v. United States, 404 F.2d 1367 (10th Cir. 1969):
Defendant's challenge that Fort Sill, place where he stole an automobile, was not within U.S. jurisdiction was denied.
10. United States v. Carter, 430 F.2d 1278 (10th Cir. 1970):
Defendant was convicted of assault with deadly weapon which occurred at Lowry A.F.B. Held, court could take judicial notice that property was within U.S. jurisdiction.
11. McQueary v. Laird, 449 F.2d 608 (10th Cir. 1971):
The U.S. stored chemical agents at Rocky Mountain Arsenal and residents of area complained. Court dismissed suit, but discussed jurisdictional principles.
12. United States v. City of Leavenworth, 443 F.Supp. 274 (D.Kan. 1977):
Kansas power company had imposed on it exactions relating to providing power to customers, including the U.S. penitentiary at Fort Leavenworth. The U.S. objected, but court held fees could be applied, as it was not impermissible tax on U.S. property.
13. United States v. Cassidy, 571 F.2d 534 (10th Cir. 1978):
Defendant, inmate at F.C.I. in Englewood, attempted escape and was prosecuted. His jurisdictional challenge was not upheld, the court finding U.S. ownership and state cession; acceptance was not required for this property bought in 1938.
14. United States v. Seward, 687 F.2d 1270 (10th Cir. 1983):
Defendant convicted of trespass at U.S. nuclear power plant; court upheld convictions on property clause grounds.
The Fifth Circuit cases have precedence in the Eleventh Circuit.