The Savannah morning news., 1904-06-14
COULD BE FORCED
TO ABANDON FORT
UNDER STRICT CONSTRUCTION
OF THE BILL TO BE PRESENTED TO
NENT LEGISLATURE.

In Opinion of Col. Quinn This Ac-
ton Could BE Forced at Fort
Screvcn if Laws Were strictly
Lived Up to-TaSinE steps to Have
wording of Proposed Law
CHARACTERIZATION of United States
Attorney Leaken Has Been For
warded to Washington.
If the bill giving the United States
Jurisdiction over the reservation at
Tybee is passed by the next Georgia
Legislature, it is possible, if the laws
were strictly enforced, that Fort
Screven might have to be abandoned
This is the opinion of Col. James 3.
Quinn, division chief of United States
engineers.
THE bill as drafted, and as sent to
Mr.. Stovall, l understand, for present
alton, is faulty" said Col. Quinn. 1t
gives us Jurisdiction over the reserva-
ton, but in closing says that this act
is not to be construed to prohibit, or to
tend to prohibit, the serving of any
civil criminal process. 1t is this last
proviso which does all the damage.
Under the revised statues of Con-
gress the government cannot proceed
with buildings etc, on its reserva-
tons until the exclusive jurisdiction
has been granted it. Under the terms
of the bill this jurisdiction 1t would not
have, and we could not under a strict
construction of the acts of Congress
do any work. This would mean the
final Abandonment of the fort.
'I have secured an opinion of Justice
Fields on the matter, who holds that
the law under which we have been
working has not been repealed United
States Attorney William r. Leakn has
written out an opinion to the same eff
feet and forwarded it to Washington.
! have also forewarded my objections.
Either the proposed law should be
dropped, as should be done If the old
law is not repealed, or if a new law is
necessary, the wording should be
changed.
Objections to Serving Processes.
THE objections to serving processes
are many, and the two principal ones
become apparent to any one who will
think them over If civil processes can
be served, for instance, contractor
who owed some citizen a debt could
be prohibited from carrying on work on
the forts. His property would be at
tached and the government would be
absolutely helpless. This could be done
even in wartime if the creditor of the
contractor were so disposed.
"A similar, or even worse, state of
affairs would exist in the criminal pro-
cesses. A state justice might rush
on the grounds and on a warrant car
ry off two or more principals and half
dozen witnesses, thereby taking away
the entire force working one of the
guns. While neither of these things
might happen, either or both could,
and the law which allows the posi-
bility is in my opinion, unwise.
Old Law Not Repealed.
Furthermore" continued Col. Quinn,
Il do not believe that the old law I'M
der which we have been working, has
been repealed. Mr.. Leaken concurs
with me in this opinion and a ruling on
similar matter of Justice Fields is in
the same line. The mere fact that the
law does not now appear in the code,
does not mean that it has been repeal
ed, as far as 1 can learn.
The law under which we have been
working was passed in 1905 The mere
fact that it is nearly 100 years old does
reason for making a new law until it
Is shown that the old has been repealed,
and when the new law is found neces-
sary, then it should be drawn with
care. l received this morning a copy
of the law together with the letter from
the Secretary of War to Mr.. Stovall
indorsing ii.
simply Exempt from Taxation.
II hope that the law, as now drafted
in the bill, will not be passed. 1t
seems TO me. and those whom | have
consulted agree with me. that the final
proViso which l have mentioned should
be removed. AS for adjusting civil and
criminal matters on the reservation.
there are courts provided for that pur-
pose. and l can not see why the state
courts should wish Jurisdiction. AS the
bill now reads. we are simply exempt
from taxation"
Attorneys who were consulted on the
matter took the ground that the best
way out of the difficulty. as stated by
Col. Quinn, is to revise the reading of
the bill so as to do away with the OBJ
jectionable clause. The state has al
ways shown itself ready to grant the
jurisdiction required, and If there is an
error, it is one in wording and not in