Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-06-22
UNDER MILITARY LAW
SOLDIER POLICE TO BE SUCCEED
ED BY CIVILIAN GUARDS.
Judge Advocate Generals Opinion Re
garding Status and Jurisdiction
Submitted to War Department.

AQueQuct Dr1dge, IN virginia, the var Oe-
partment has arranged to replace the SOL
der guard now stationed on that reserva-
ton for the preservation of peace and good
order with civilian watchmen deputfzed by
the United States marshal for the district
of Virginia. 1t is proposed that the marshal
shall deputize peace officers of the county
of Alexandria for the purpose Indicated.
As stated in Saturdays Star the railway
company has been given thirty days with
in which the car barn must be removed.
The military guard on the reservation con-
sists of three men in command of non
commissioned officer. This guard is main
tanned night and day and the men are shell
tered in two tents a short distance south
of the bridge and west of the railroad STA
ton and waiting room. So far they nave
had very little police work to DO peyono
recurring a few men under the influence OF
liquor who were inclined to be disorderly
to get off the reservation.
Judge Advocate Generals Report.
The position of the War Department in
the matter is clearly stated in the opinion
rendered by Judge Advocate General Davis,
which is substantially as follows:
II beg leave to submit the following re-
port in respect to the exercise of jurisdic-
ton over certain parcels of land situated
at the southern end of the Aqueduct bridge,
connecting the city of Washington with
Alexandria county. Va:
1.-The lands in question were acquired III
pursuance of the act of June p, 1885, which
provide inter ALA. that: The Secretary OIL
War is hereby authorized and directed 10
acquire by purchase title In zee SIMPLE
free from all liens or claims of lessees or
others the bridge known as the Aqueduct
bridge, including the piers thereof, across
the Potomac river. and the approaches
thereto, and all the rights and franchises
connected with said bridge, for sum not
to exceed s125, 600. the title to be approved
by the Attorney General of the United
States; and said bridge when so acquired
shall be used as free bridge, under Such
regulations as the Secretary OF War may
PRESCRIBE and the Secretary of War is fur
Their authorized. in case the United States
shall acquire title to said bridge, to repair
or construct the same: and for the purpose
Of acquiring such title and repairing and
constructing said bridge the sum OF $780,
600. or so much thereof as may be neces-
sary for such purpose, is hereby appropriate
ed out of any money in the treasury not
otherwise appropriated; and one-half OF the
expense of such purchase and reconstruc-
charged to and paid by the District Of Co
lumbia. and the balance one-half OF the
sum 30 expended shall be paid out of the
t. easury Of the United States
The Legislature Consents.
1.-THE fact of purchase having been brought
to the attention of the governor of Virginia
by the War Department with view to OBJ
tain the usual cession Of jurisdiction over
the same. the matter was presented to the
legislature of that state and consent to
such purchase was given by that body in
the following enactment:
Il. Be 1t enacted by the general assembly
of Virginia, That the consent of this state
be and is hereby given to the purchase or
acquisition, by gift concession of the
owners by the government of the United
States or under the authority of the same,
of land in the county Of Alexandria neces-
sary for the abutment and approaches Of
the proposed bridge across the Potomac
river, anywhere in the county of Alexan-
dria, not exceeding ten acres, and to the
building of such abutment and approaches
upon the land that may be so acquired,
and to the exercise of such Jurisdiction by
the United States over the same as may be
necessary. But this consent Is given, sub
ject to the following conditions, to wit:
First. That this state retain concurrent
Jurisdiction with the United States over
such land. SO that the courts. magistrates
and officers of this state may take such
cCgniZance, execute such process and dis
charge such other legal functions within
the same as may not be incomp atible with
the consent hereby given. Second. That if
the purpose of this grant should cease, or
there should be, for five years consecutive
'ly, a failure on the part of the United
States to use said land for said purpose
then the jurisdiction hereby coded shall
cease and determine, and the same shall
revert to the commonwealth of Virginia.
Exempted From Taxation.
"2. The land acquired and the abutments
and approaches built for the purpose afore-
said shall be exempt from taxation by this
state, or by the constituted authorities Of
the county of Alexandria; but this exemp-
ton shall continue only so long as the
United States shall continue to be owners
of the land and the erections thereon.
''3. This act shall be in force from its
passage. (See session laws Of Virginia,
1856, page 4S3)'
subsequently a person was indicted I'M
der charge of feloniously and maliciously
cutting with intent to kill and brought to
trial before the county court Of Alexan-
dria county, Va. At the trial the court
Instructed the jury: &
That If they believed from the evil
dence that the place where the cutting oc-
CURED was purchased by the United States
government with the consent Of the legis-
lature of Virginia then the state of Vir-
g;nia had no jurisdiction to punish the
prisoner and they would acquit.'
'Whereupon the accused was acquitted
and discharged upon the ground that the
offense had been committed upon territory
in which exclusive jurisdiction had been
coded to the United States.
TT will be observed that the act of the
ing consent to the purchase in the usual
form, makes a reservation Of Jurisdiction
in behalf of the state so extensive in char
acter to lead to the belief that only
qualified form of concurrent jurisdic-
ton had been actually covered by the legis-
lative grant. In a similar case, however,
which was decided by the supreme court
Of appeals of Virginia in 1885 (Foley, &C..
vs. Shriver &c, 81 Va. 56S), in which the
same reservation of Jurisdiction was at
tempted 1t was held that:
The state legislature having given the
required consent and the United States
having purchased the land in question
the United States have acquired, under the
federal Constitution. exclusive Jurisdiction
over the coded lands. and they are no
longer a part of the state Of Virginia and
are not subject to the jurisdiction of the
state courts.
Not Citizens OF Virginia.
Persons residing there are not citizens
Of Virginia: the property situated there is
not subject to the control or disposal of
any state court. and the circuit court of
Elizabeth City county Is without jurisdic-
ton within the said territory. The res
ervation in the act of cession of con-
current jurisdiction with the United
States over the same piece or par
Gel of land. so that the courts, magistrates
and officers Of the state may take such cog
nfZanCe. execute Sllch prOccSa md Afo-