Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-04-08


EDS. REcoRD-U MON; There is no need
to be seriously apprehensive about the
Postoffice building The Secretary Of the
Treasury writes 10 Governor Stoneman,
= that the money appropriated for a Post
Office at Sacramento is not available until
the State OF California shall have coded to
the United States exclusive jurisdiction
over the property selected, for all purposes
except the administration OF the criminal
laws OF said State, and the service OF civil
process therein"
This the State has already done. The
act Of cess.on may be found in Sections 30
and 81 Of the PoiIJica! Code, which read is
fellows:
Section 3D. The sovereignty and jurisdiction
Of the state extends 10 al places within it,
jurisdiction over places that have been or 10au
b. coded 10 or purchased, or condemned by the
Jui,ui states. Is qualified by the terms o! such
cc->i3n IS the laws under which suCh purchase
or condemnation has been or may be made.
section 81. The Legislature consents to the
purchase or condemnation by the United states
OF any tract of land within this state for the
purpose Of erecting forts, magazines, arsenals,
dlCk-y2Tis and other ncedful buildings, upon
the express condition that all civil process issued
from the Courts OF this State and such criminal
State against any person charged with crime,
may be served and executed thereon in the same
mode and manner and by the same officers rs If
the purchase or condemnation had not been
made.
You perceive that Section 81 contains the
express language used by tie Secretary in
defining the terms of the cession OF land
| g. the United States.
The only possible objections which could
| be urged by the Secretary are: First that
neCdiul bindings refer implicitly to
! buildings connected with forts, dockyartls.
| etc and secondly, that the appropriation
| Act requires special REIMBURSEMENT BY
| the state Of her jurisdiction over the par
| ticu,ar site selected These objections. it
strikes lue, woald be hypercri,ical and un-'
worthy of consideration.
The language Of Section q is identical
with Section :, Article l., Of the C0nstitu-
| ton of the United States, which c0nfcrs
| upon Congress the power 10 exercise eX-
elusive legislation over all places purchased
| by the consent Of the Legislature of the
| State in which the same shall be, for the
| erection OF forts arSenalS, etc. and other
necdiu buildings.
| The object of the consent il not TO give
! the United States the power to erect build
| ings. but 70 ceGc 20 the United States the
exclusive jurisdiction over the property
| The clause IN reference To the service of
civil and criminal process is one usually
used by States ccding jurisdiction, as a con-
| diiion of the cession, binding upon the
| United States. SO as to prevent land and
property belonging TO the United States
| from becoming an asylum for fugitives
| from Justice The Act of Congress making
| the appropriation is really a consent by
| Congress that such 4 condition may attach
| 10 any ccssion. As said before, the State,
| for ali future time. until the Act is re-
pealed. has expressly waived its jurist!ic-
| lion over al, lands and buildings thereafter
purchased By the United States. Respect
| fally, T. W MAsLiN.
Sacramento, April Z, 1850.
LETTER sY GOVERNOR SLOVENIAN.
Subsequent TO the receipt of the above
! communication, the Governor wrote the
following letter upon the subject:
EXECUTIVE MANSION.
! SACRAMENTO, Cal, April = leS'-
D8Hisi NjnHity, ScCTttdrg of the TfcGSUgi-SIR
! Further referring 10 your letter under date OF
March 2. loo5, inforn ing me that authority had
/ been given TO purchase "a site and construct a
/ building in the city of Sacramento, California,
/ for the accommodation of the Posto!lice, Land
/ Office. etc, under an Act of Congress approved
/ February y, 50, and asking my assistance
| toward procuring state legislative action in
| Ceding jurisdiction over the same to the United
States ror all purposes except the administration
! OF the criminal laws OF the state and the service
! of civil process thorein-I have the honor TO
| herewith transmit Ger lied copy OF Sections
{ 80 and IS of the Political Code OF this State
which relates to the subject-matter herein.
/ Ii would seem that. under the sections referred
to above. the Stale has already, by general law
coded The jurisdiction asked Tor to the United
! States.
have the honor to be. your obedient servant,
| GEORGE SToNENAN,
Governor of the State of California.