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: 1,001
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PUNDT V. PENDLETON.
of the Legislature of the state in which the same shall be for the erection of
forts, magazines, arsenals, dock-yards, and other needful buildings."
This clause of the Constitution is fully discussed in the case of
Ft. Leavenworth Railroad Company v. Lowe, 114 U. S. 525, 5
Sup. Ct. 995, 29 L. Ed. 264, in the opinion by Mr. Justice Field.
It would seem from what is there stated, and the authorities cit-
ed, including the opinions of Attorneys General, that, where land
is acquired by the consent of the Legislature of the state "for the
erection of forts, magazines, arsenals, dock-yards, and other need-
ful buildings," the jurisdiction of the United States over the ceded
territory would be exclusive, but where acquired in any other way
the rule applicable would be this:
"Where, therefore, lands are acquired in any other way by the United States,
within the limits of a state than by purchase with her consent, they will
hold the lands subject to this qualification: That if upon them forts, arsenals,
or other public buildings are erected for the use of the general government,
such buildings, with their appurtenances as instrumentalities for the execution
of its powers, will be free from any such interference and jurisdiction of the
state as would destroy or impair their effective use for the purposes designed.
Such is the law with reference to all instrumentalities created by the general
government. Their exemption from state control is essential to the inde-
pendence and sovereign authority of the United States within the sphere of
their delegated powers.
"But when not used as such instrumentalities, the legislative power of the
state over the places acquired will be as full and complete as over any other
places within her limits."
As heretofore stated, the land on which Ft. Oglethorpe is locat-
ed is within the limits of the tracts of land acquired by the United
States by the consent of the Legislature of the state. The purpose
for which these lands were acquired, as named in the cession, was
for a "National Park." The purpose named in the act of Congress
was a "National Mihtary Park." The act of Congress was in the
mind of the Legislature of the state, as shown by the reference to
it in the caption of the act. So it seems that little question could
exist that to use this land for a military post is in line with the pur-
pose of the cession, even testing it by the language used in the act
of the Legislature, and more so when considered in connection with
the act of Congress. It is certainly not in any way antagonistic to
the purpose contemplated. It is perfectly clear that, the govern-
ment having decided it was necessary and proper to establish a
military post there, and having established such post by order of the
War Department, neither the state, nor any county of the state,
would have the right to interfere with any instrumentalities neces-
sary to the proper use of this location as a military post, and to
render that use effective and complete.
This would be true even if the lands had been acquired within the
state, without any consent whatever on the part of the Legislature of
the state. Taking into consideration, however, the act of the Leg-
islature, passed in view of and to effectuate the act of Congress, I
do not think there is any material difference, for present purposes at
least, between the situation here and what it would be if the act of
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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/m1/1011/?q=%22English%22: accessed May 23, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.