The Federal Reporter (Annotated), Volume 167: Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. April-May, 1909. Page: 1,000
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167 EDoERAL REnPRTER.
the troops of the regulate army of the United States stationed at
Ft. Oglethorpe. The land on which Ft., Oglethorpe and the build-
ings appurtenant to it are situated is a part of a tract of land of,
which jurisdiction was ceded to the United States by an act f the
Legislature of Georgia (Laws Ga. 1890-91, vol. 1, p. 200), as follows:
"Be it enacted by the General Assembly of the state of Georgia, that the
jurisdiction of this state is hereby ceded to the United States of America over
all such lands and roads as are described and referred to in the foregoing
preamble to this act, which lie within the territorial limits of this state, for
the purpose of a National Park, or so much thereof as the national Congress
may deem best; provided, that this cession is upon the express condition
that the state of Georgia shall so far retain a concurrent jurisdiction with
the United States over said lands and roads as that all' civil and criminal
process issued under the. authority of this state may be executed thereon in
like manner, as if this act had not been passed; and upon the further ex-
press conditions, that the state shall retain its civil and criminal juris-
diction over persons and citizens in said ceded territory as over other
persons and citizens in the state, and the property of said citizens and resi-
dents thereon, except land and such other property as the general govern-
ment may desire for its use, and that the property belonging, to persons re-
siding within said ceded territory shall be liable to state and county taxes,
the same as if they resided elsewhere, and that citizens of this state in said
ceded territory shall retain all rights of state suffrage and citizenship; pro-
vided further, that nothing herein contained shall interfere with the jurisdic-
tion of the United States over any matter or subjects set out in the act of
Congress establishing said National Park, approved August 19, 1890, or with
any laws, rules or regulations that Congress may hereafter adopt for the
preservation or protection of its property and rights in said ceded territory,
and the proper maintenance and good order therein; provided further, that
this cession shall not take effect until the United States shall have acquired
title to said lands."
This act followed Act Cong. Aug. 19, 1890, c. 806, 26 Stat. 333,
an act by the language of the preamble to establish a National Mili-
tary Park at the battlefield of Chickamauga.
It appears that the particular part of the tract of land on which
Ft. Oglethorpe is located, although within the boundaries set out
in the preamble of the act of the Legislature just referred to, was
for some reason not acquired at the time that a large portion of the
land for the park was obtained by purchase and by condemnation
proceedings, but was acquired subsequently, by order of the Sec-
retary of War, and through the War Department; and upon this
part of the land, apparently, the military reservation known as "Ft.
Oglethorpe" was designated by the War Department by two orders
issued May 6, 1906, and November 3, 1906, respectively. This land
comprising the Ft. Oglethorpe reservation is partly in Catoosa coun-
ty, and some of this was presumably before the cession a part of
the 1906 militia district, the district in which controversy arose,
and in which the road commissioners acted.
Jurisdiction is ceded within the park not only of the lands but
of the roads, and these roads are kept up by the United States.
The roads which the petitioner was summoned to work are out-
side of the park and the mihtary reservation. The Constitution of
the United States, art. 1, 8, provides:
"The Congress shall have power * * * to exercise exclusive jurisdic-
tion in all cases whatsoever * * * over all places purchased by the consent
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The Federal Reporter (Annotated), Volume 167: Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. April-May, 1909., legislative document, 1909; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38213/m1/1010/?q=%22English%22: accessed October 22, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.