The Washington herald., 1907-08-05

Light on Dark Subjects.
IL u Washnrn HeTald:

EdltoF Tho washington Herald:
The editorial and news columns Of The
Washington Herald Of last Wednesday.
taken together fully explain why it IS
that our present strenuous administra-
ton regards and respects one. just one
maxim Of law, ancient or modern. viz. ::
"Quidquid principi placuit legls habet
vigorem'-With Theodore Roosevelt spec
tacularly posed IN the role of princeps.
You tell Us editorially that the news
comes from Louisville, via Manila. per
the Manila Cable News. that the renomi-
nation OF the President Is q settled thing
and you tell, as news, first. that DIT
''Pether" Mcqueen has declared for
Roosevelt as king. and. second. that an
unknown automotor cyclist got away from
Marshal Collin on the Conduit road
Tuesday
This explains a whole lot, and ought 10
be sufficient for one day
1t explains among other things. just
how the legislature OF Maryland, by its
act Of May 3 1S53. which act cedes no
specific tract Of land whatsoever to the
United States. but simply authorized the
latter TO acquire by purchase or eondem-
nation so much Of the soil Of Maryland
as might be necessary" for the ''pur-
pose OF supplying the city of Washington
with water" and then TO exercise con
currently with tho State Of Maryland, &"
such Jurisdiction over the same ''as may
be necessary for the said purpose" in
reality. as per the opinion OF the Attor-
ney General. Ceded 10 the United States,
under article I, section 3, clause l.. Of
the constitution. the specific land upon
which the Conduit road Is built, ''for the
erection OF forts. magazines. arsenals,
dock yards. and other needful buildings
with exclusive jurisdic'io ion thereover
OF course, it does.
II explains that the Attorney General
IS right, and that the Supreme Court Of
New York was wrong. when. in the case
Of The People VS.. Godfrey. II Johns, IL
said:
Tho right of exclusive legislation Of Congress over
territory within the limits of any State can be
acquired Only IN the mode pointed CJt by the
Constitution, BY purchase. by consent Of the legis-
ature Of the State in which the same shall BE- for
the erection Of fortsAnagaznes, arsenals dock yards
and other needful buildings. The essence Is that
the State shall freely cede the particular place for
one Of the specific enumerated objects.
II explains that the Attorney General
is right and that the Supreme Court Of
the United States was wrong when. by
the mouth OF John Marshall. In the
United States vs.. Devans. Wheat. it
said:
What, then. Is the extent Of jurisdiction which
State posscssesf We answer, without hesitation.
The jurisdiction 4 stats Is coextensiye with its
territory coeTtensive with its legislative power.
The place described-an actual military reserTa-
tion'-is unquestionabiy within the original terri
tory q Massachusetts, It IS then within the juris-
diCti0n Of Massachusetts. unless that jurisdiction
has been cedsd 20 the United States.
1t explains that the Attorney General
is right, and that that mere jurist. Jus
tice Story, was wrong, when he said in
United States Us. Cornell, 2 Mason;
although the United States may well purchase
lands for public purposes. within the territorial
limits Of State this does not Of itself oJfst the
jurisdiction or sovereignty Of such State the
lands so purchased It remains until the state has
relinquished It's authority ,he land either ex-
pressly or by necessary implication.
1T explains that the Attorney General
is right, and that the Supreme Court of
the United States was wrong, when II
said, in Fort LeavenwOrth R. r. VS.. Lowe,
and in Chicago and Pacific Railway VS..
McGlinn, ia L. s.:
In order that the United States may possess ex-
elusive legislative power over the tract the Fort
LeaTenworth Military ReseUationl except as may
be Necessary % the use Of the buildings thereon
as such instWmentalty. they must have acquired
the tract by purchase. with the consent Of the
State. Nhen such legislative power is ac-
quired In any other way, as by an express act
ceding it, its cessiOn may be accompanied By any
condition not inconsistent with the effective use Of
the property for the public purpose intended
Now. Mr.. Editor, it reqdired your edi-
torial and news items of Wednesday to
explain with perspicacity just how the
courts were all wrong, and the Attorney
General and Liza" were right We
have the opinion" OF the Attorney Cen
eral, which, by virtue Of the above quoted
maxim, safely Overrules the courts, and
we all remember the celebrated answer
Of Liza 10 Jimmie" Says jimmie to
Liza: Liza, has you got corns?'' Re-
spondeat Liza to Jimmie. "'Cose 1 is.
Everybody do" EDMUND g. BRIGGS.
United States Savings Bank Building
Washington. d. G.