Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-11-15
IMPORTANT RULING.
Chief Ju5liCl zln3 Decides lib Case
OIL Private SIM d Of al,
IN rnG DEFENDANTS FAVOR


Shifted et al, better rumrm-
brrcu us tho Fort Douglas TIA.
geiy, argued by council on dc.
muffer last wt,E. His honor said'
Tho defendun; sarnieid was indicted
on the 20 day OF September last ~.
der the laws " the Territory Of Uah
Tor thu crime O: murder.
10 tho Indictment hc has filed n
special plea IN which be AYERS that the
nets constituting the alleged oGsnse
acrc committed within The Fort
BuIElaH Military Erscry1tlon. And
he tl.l avrr5 that he was "a the mill.
tary service " the United S,S,c5 at the
time, aud was tried therefor Hud au.
quilted by tAe iuigmsn. OF a general
court martial lawfully convened.
The prosecution dcmufs 10 the plea
anu allca O. that this court has lutlsdic-
ton % Try the defendant n9iwilhstand-
ing the oilense was committed ia tue
resoivsiion mentioned, and further that
the cJuf, martial mentioned bad no
authority 10 Try him for the oil
described In the Indictment.
The fifsI question OR consideration
and decision l., must the defendant ho
prosecuted and tried according to the
lava Of the United States pro.
hibiung and punishing murder,
or the laws Of the Territory forbiddiug
and furnishing the same crime.
The bih section Ol An act OF Congress
$50 establisu Territorial government
for Umu,n ia force September 9TH,
1850, declares "that the legislative
rover Of tho rorflt0ry shall extend to
all rightiul subjects Of legislation not
Inconsistent with the Constitution anu
laws Of tue United States. But no law
sbtli be passed Interfering with the
primary disposal Of tbs sUii; no tax
snail be imposed uYOn the property Of
the United Stalesi nor shall the lands
ur Olner properly Of nJn.Tusidenls be
taxed higher than tue lands or other
property OF rrridynt-."
The land embraced In the Fort
Douglas reservation was reserved and
set apart lot military purpossa Ssptem-
iier 6ih, 1856, ia pursuance Of chapter
lui, vol. 10 UuitDI States statutes ut
large. Though the isle to the land
! rm race Ia the reservation femaiBed
Ia thg United States, the laws enacted
by the Territorial Legislature extended
| over 10.
The question IL did the laws Of the
United states extend over tho rvseTva.
ton after the PresiIout reserved aud
svt II apart Tor military purposes. The
Constitution provides that "Congress
shall have power g. exercise exclusive
! legislation IN ell cases whatsoever Oy
such district tuot exceeding ten miles
iquarel NJ may by session Of par
tlcuiar states and the acceptance Of
Congress become the seat Of tho gov
erLment Of tue United StAtcF, aud to
exercise Ike authority over all places
| purchased by the consent " the
| legislature Of the state tn which the
same shall be Tor the erection OF forts,
magazines, Rrsenals, dOCkyarIs aud
ether negdiul buildings" Article /,
bsC
CNusldcring this provisl0n the Su.
| prone court % tue United States said:
"ihu necessity OF complete luTlsdlc-
! ton over thU place which should be
/ selrctvd us seat Of government was
| obvious 10 uIB trainers OF the COnslitu.
| tiOn.H
o the portion Of tho clause under
| consideration giving the right to sXsr.
else exclusive legislation Cover All
p,uccB purchased by consent OF the
| legislature Of the slate In which the
came shall ue, for tae erection OF forts,
magazines, RfsenR's, dUckyArds ana
other neediul buildingB," the same
court said further that "fhe federallst
Ohservts TINT thU necessity Of this
authority Is not less evident"
In another part OF Ito opinion the
court used the following language
| that "when the title Is acquired by
purchase by consent OF the legislatures
! Of tno states, the federal jurisdiction IA
exclusive Of all stats authoTity.n
This follows from ths declaration OF
tho Constitution that Congress shall
have 'like authority over such places
M II has over the district which is the
scat Of government; that IL, the power
Of exclusive legislation In all cases
whatsoever BT0ader or clearer
language could not BIO used to exclude
all other authority than that OF Con.
| ggess; and that no other authority csn
10 exercised over Thorn has been the
uniform opinion u federal and state
tribuusls, aud Of the attorneys gene.
ralD
Fort Lsavenworlh II. II. Go. VS..
Lowe, ~ Us. b45.
When tho Federal government pur.
uhnstH land for military or other OF the
purposes named with the consent OF
the state ia which II Is located IL ac-
quirea not only the title with such
rights OF occupancy aud use as usually
accompany II, but the power OF eAcli.
siye legislation and political authority
| over itns well,
When person conveys land situated
In state 10 tho United SAtes he does
not transfer with 1t the political power
OF the state Oyerit. Such legislative or
political powrT IL not his to disl o,s OF;
10 belongs 20 tho state and the state
cannot be deprived u It's right without
Its consent. Both governments are
sovereign with respect to the powers
they possrss. While the ultimate source
VI tue power OF government are ia the
ugoYlo VI tho u tied States, they have
eftrjai q national government and
enumerated In ita Constitution such OF
them as they consent 10 trust 1t with,
The remainder Within certain limita.
lions enumerated Ia the same inatru.
ment they have left la the hands OF the
people OF the respective states. And
the latter Lave respectively construct.
oil state governments with such limit.