INDEX [References Are to Page Numbers] Acceptance of Legislative Jurisdiction By Federal Government Essential to transfer, 48 formal acceptance now required, 48 former presumption of acceptance, 49, 50, 51 presumption eliminated, 48 refusal to accept, what constitutes, 53 By State essential to retransfer, 54 exception to rule, 56, 101 Acquisition of Legislative Jurisdiction by Federal Government Acceptance of legislative jurisdiction; see that title. Acquisition formerly required, 9, 32, 57 Acquisition now optional, 9 Areas over which legislative jurisdiction may be acquired; see that title. Consent to, required; see Consent. Federal question whether acquisition occurred, 82 Generally, 41 Judicial notice of, 80 Methods of pursuant to Constitution, article I, section 8, clause 17, 2, 41 pursuant to State cession, 3, 42 President authorized to procure, 30 R.S. 355, requirements of former, 9, 32, 57 present, 9, 48 State cession of legislative jurisdiction; see that title. State procedural requirements, 79 State reservations of legislative jurisdiction; see that title. 323 324 [References Are to Page Numbers] Acquisition of Real Property; see Real Property. Administration of Estates; see Wills and Administration of Decedents' Estates. Adoption No Federal law relating to, 7 State law inapplicable to, in Federal enclaves, 4, 230, 233 Agriculture, Department of Authority of, to make rules and regulations, 137, 281 Alcoholic Beverages; see Liquor. Areas Over Which Legislative Jurisdiction May be Acquired Pursuant to Constitution, article I, section 8, clause 17 in general, 66 needful buildings; see that title. purchase of area required, 66, 67 rented places not included, 38, 67 specific purposes for which transfer by State consent approved, 70 Army Motion Picture Service As Federal instrumentality, 198 Army Post Exchange; see Post Exchanges. Arrest; see Process -- Civil and Criminal. Arsenals Early treatment of, respecting legislative jurisdiction, 28 Not included in term fortifications, 38 Plattsburg Arsenal, legislative jurisdiction over, 29 Specified in Constitution, article I, section 8, clause 17, 2 Assent to Transfer of Legislative Jurisdiction; see Consent. 325 [References Are to Page Numbers] Assimilative Crimes Act Act of 1825, 36, 126 laws adopted by, 127 not applicable to State laws not in effect at time of enactment, 38, 127 not applicable to areas over which Federal jurisdiction after-acquired, 128 purpose of, 127 Act of 1866, 128 Act of 1909 (Crim. Code, sec. 289), re-enactments of, 130 Act of 1948 (18 U.S.C. 13), 131 Adopts State law as Federal law, 5, 132 Applicable only where offense not otherwise defined in Federal Criminal Code, 5, 132 Constitutionality of, 1300, 132 Excludes: State statutes of limitations, 134 State law on sufficiency of indictments, 134 State laws in conflict with Federal policy, 135 Includes: common law, 38, 134 various petty misdemeanor, 135 serious offenses, 135 State regulatory statutes, adoption of, discussed, 138 Beacons Legislation requiring jurisdiction over, 28 Bruce, Senator William Cabell Comments by, on proposed death by wrongful act legislation, 151 Buck Act, 192, 206, 246 Building Codes; see Construction. Buoys Legislation requiring jurisdiction over, 28 Cession of Jurisdiction; see State Cession of Legislative Jurisdiction. 326 [References Are to Page Numbers] Civil Law in Federal Enclaves Apparent absence of, prior to 1885, 155 Death by wrongful act; see that title. Federal, not State, law applicable, 4, 145 Federal enactments providing, 5, 148, 167, 190 see also Legislation, Federal Generally, 145 International law rule; see that title. Process; see Process -- Criminal and Civil. State law adopted as Federal law; see International Law Rule. State law inapplicable, 4, 15, 169 Unemployment compensation; see that title. Workmen's compensation; see the title. Commissaries As Federal instrumentalities, 191, 197,198 Commissioners; see United States Commissioners Concurrent Legislative Jurisdiction Acceptance of, by Federal Government, subject to R. S. 355, 48 Acquisition of; see Acquisition of Legislative Jurisdiction. Definition of, 11 International law rule; see that title. Law enforcement on areas of, 111, 184 Prosecution for crimes, as affected by, 8, 109 Termination of; see Termination of Legislative Jurisdiction. Understood formerly to include proprietorial interest, 143 Condemnation Acquisition by Federal Government of land by, 272 Of federally owned land, by a State, 271 Of State owned land, by the Federal Government, 273 Consent By Federal Government necessity of, to transfer of jurisdiction to it, 48 presumption of, 49, 50, 51 presumption of, eliminated, 48 327 [References Are to Page Numbers] Consent -- Continued By State government historical basis for, 20, 21 must be given by legislature, 46 necessity of, to retransfer of jurisdiction to it, 54, 83, 84 necessity of, to transfer of jurisdiction to Federal Government, 46, 47, 272 no necessity for, to transfer title to proper, 39, 46, 272 retroactive effect of, 46 Generally; see Acquisition of Legislative Jurisdiction by Federal Government, and Acceptance of Legislative Jurisdiction. Constitution; see United States Constitution. Constitutional Convention Debates of, concerning legislative jurisdiction, 18 Construction Federal construction, in general applicability of building codes to, 138, 140, 284 applicability of negligence laws to, 161, 289 applicability of zoning laws to, 138, 284 authority of State to license contractors, 288 In Federal enclaves authority of State to enforce laws with respect to, 183 authority of State to license contractors, 180, 183, 189 authority of State to tax contractors, 180 Continental Congress Harassment of, by mutineers, 15 Contractors, Federal Authority of Congress to immunize from State law, 160, 290, 319 Authority of State to enforce licensing requirements against, 140, 183, 288, 300 Construction by; see Construction Federal agency rulings relating to, 288 Liability of, for State taxes, 179, 180, 191, 290, 299, 313 Vehicles operated by, 299 Coroners, State Availability of services of, in Federal enclaves, 4, 7, 122, 181 328 [References Are to Page Numbers] Corporations Service of process on, in Federal enclaves, 147 Criminal Law Acts committed partly in area under State jurisdiction, 115 Applicability of State criminal laws to Federal employees, 308 Arrest; see Process -- Civil and Criminal. Assimilative Crimes Act; see that title. Concurrent Federal and State criminal jurisdiction, 109, 113 Double jeopardy, 109 Enforcement of, on areas of exclusive or concurrent legislative jurisdiction, 4, 111, 141 Exclusive legislative jurisdiction areas, 4, 105 Federal authority to protect Federal property; see Security. Federal Crimes Act of 1790, 5, 36, 124 Federal criminal law applicable to exclusive jurisdiction areas, 5, 36, 105 Federal power beyond enclave, 106, 256 Generally, 105 Habeas corpus; see that title. Law applicable where jurisdictional statue of area changed after criminal act, 116 Partial jurisdiction areas, 113 Privately owned lands in Federal legislative jurisdiction area, 106 Process; see Process -- Civil and Criminal. Re-trial of defendant upon transfer of legislative jurisdiction, 116 State jurisdiction where Federal interest is proprietorial only, 107, 114, 254 State law inapplicable to Federal enclaves, 5, 36, 105 State reservation of criminal jurisdiction, 114 Death by Wrongful Act Act of February 1, 1928 adopts State law, 5, 152 applicability of to personal injuries or property damage, 153 Federal Tort Claims Act affected by, 150 329 [References Are to Page Numbers] Death by Wrongful Act -- Continued Act of February 1, 1928 -- Continued inapplicable to adopt workmen's compensation acts, 153 legislative history of, 148 Disposition of Federal Real Property Applicability of State law to, 273 Authority of Congress to attach conditions to, 275 to improve marketability for, 276 to provide for, 273 District of Columbia Applicability of article 1, section 8, clause 17 of Constitution to, 2 Debates concerning legislative jurisdiction status of seat of government, 18 Preservation of civil rights of inhabitants of, 36 Subject to authority of Federal Government, 36 Divorce Assumption by State of jurisdiction over, involving residents of Federal enclaves, 8, 277 Federal courts have no jurisdiction to grant, 7, 229 State law inapplicable to, involving residents of Federal enclaves, 4, 215, 225 Doctors; see Physicians. Education; see Schools. Employees, Federal; see Federal Employees. Enclave Derivation of term. 4 Estates; see Wills and Administration of Decedents' Estates. Exclusive Legislation Synonymous with exclusive jurisdiction, 36 Exclusive Legislative Jurisdiction Acquisition of, by Federal Government, optional since 1940; text of amendment to R.S. 355, 9 Acquisition of, by Federal Government, required prior to 1940; text of R.S. 355, 9, 32 Acquisition of, by Federal Government, over many areas prior to 1940, 10 330 [References Are to Page Numbers] Exclusive Legislative Jurisdiction -- Continued Areas over which legislative jurisdiction may be acquired; see that title. Civil jurisdiction in areas of, 4, 6, 145 Criminal jurisdiction in areas of, 4, 5, 105 Definition of, 10 Exercise by Federal Government of, 4 Former incompatibility of, with exercise of State privileges by residents of Federal enclaves, 243 Judicial notice of, 80 Lack of, today, 244 May extend beyond boundaries of area, 38, 106 Methods of obtaining; see Acquisition of Legislative Jurisdiction. Necessity of State consent to transfer of; see Consent. Powers in areas of, merged in Federal Government, 3, 37, 169 Relation of States to Federal enclaves, 4, 169 Residents of Federal enclaves as residents of State, 4, 215, 238 State authority in areas of; see State Authority in Federal Enclaves. Extraterritoriality of Federal Enclaves, 223, 237, 238 Fair Trade Act Inapplicable in Federal enclave, 181 Federal Contractors; see Contractors, Federal. Federal Crimes Act of 1790, 5, 36, 124 Federal Employees Applicability of State criminal laws to activities of, 308 Applicability of State motor vehicle laws to, 293 Liability of, under State law for activities beyond scope of employment, 312 Federal Instrumentalities Freedom of from interference generally, 136, 249, 293 from State gasoline taxes, 191, 313 from taxation, by act of Congress, 319 from taxation under the Buck Act, 196 from taxation under the Lea Act, 191 Post exchanges and similar establishments held to be, 198 331 [References Are to Page Numbers] Federal Instrumentalities -- Continued Regulations of, relating to service of process, 121, 188 State unemployment taxes applicable to, unless wholly owned by Federal Government, 212 Federal Operations and Property Freedom of, from interference, 136, 249, 293 Federal Real Property; see Real Property. Federal Reservation of Legislative Jurisdiction Areas over which jurisdiction may be reserved, 79 As method of obtaining jurisdiction, 3, 43 Reservation of less than exclusive jurisdiction, 64 Federal Statutes; see Legislation, Federal. Federal Tort Claims Act Application of international law rule to, 158 Effect of death by wrongful act statute upon, 150 Federalist, #42 Excerpt quoted from, 22 Fees Liability of Federal contractor or employee, for State license, 180, 183, 189, 288, 293, 300, 302 Liability of Federal Government, for State inspection, 286, 301, 302 Motor vehicle license, 185, 293, 300 Recording, payment of by Federal Government to State, 301 Firefighting Services Federal-State arrangements relating to, 187 Furnishing of, by State government, 4, 186, 252 Payment for, by Federal Government, 286 Fish and Wildlife Enforcement of laws relating to in concurrent jurisdiction areas, 184 exclusive jurisdiction areas, 106, 109, 146, 184 proprietary interest areas, 114, 184 Federal action contrary to State laws relating to, 255 Hunting and fishing licenses for residents of Federal enclaves, 93, 237 332 [References Are to Page Numbers] Fortifications and Garrisons Early treatment of, respecting legislative jurisdiction, 29, 30 Forts specified in Constitution, article I, section 8, clause 17, 2 Specification in R.S. 355, 9 Gambling Effectiveness of State laws relating to, under Assimilative Crimes Act, 138 Game; see Fish and Wildlife. Gasoline Taxes; see Motor Fuel Taxes. General services Administration Disposition of Federal real property by, 102 Enforcement of criminal law by, 111 Promulgation of regulations by, 137, 281 Gerry, Elbridge Objection voiced by, to grant of power of exclusive legislation in proposed Constitution, 20 Grazing Upon Federal property, 282 Habeas Corpus Federal writ of, for release of prisoner held by State for acts committed in exclusive jurisdiction area, 123 Jurisdictional status not for determination by proceedings for writ of, 124 Proceedings for release of Federal employee arrested by State authorities, 308, 312 State court's right, in proceedings for writ of, to determine custody of child in exclusive jurisdiction area, 123, 230 State writ of, for release of prisoner held by Federal authorities, 123, 312 Henry, Patrick Objections voiced by, to article I, section 8, clause 17 of proposed Constitution, 24, 25 Highways; see Motor Vehicles Access of residents of Federal enclaves to State, 185 Federal regulations governing traffic on, 283, 284 Federal statutes retroceding to State police jurisdiction over, 84, 93 Lack of State authority on, in Federal enclaves, 105 333 [References Are to Page Numbers] Highways -- Continued Use of State, by Federal employees or contractors, 180, 293, 299 Hospitals Access of residents of Federal enclaves to State, 4, 231 Navy, legislative jurisdiction over not required in early cases, 29 Hunting; see Fish Wildlife. Immigrant Stations Authority of State and local police on, 113 Importation Into Enclave State authority with respect to, 1115, 140, 180, 183 Income Taxes; see Taxation. Inspection; see State Inspection Requirements. Instrumentality, Federal; see Federal Instrumentalities. Insurance Applicability of State license laws relating to, on Federal enclaves, 138, 177, 181 Federal authority to control solicitation of, on Federal areas, 280 State taxation of, covering persons on Federal enclaves, 177 Interior, Department of the Authority of, to confer power on Federal enclaves, 177 Promulgation of regulations by, 137, 281 Requirement for police protection in area controlled by, 111 International Law Rule Adoption of, for Federal enclaves, 156 Applicable only to State law in effect at time of transfer of jurisdiction, 158 Applicable to State civil law, including common law, 158 Definition 156 Extension of, to Federal enclaves, 6, 156 Lack of Federal implementation of laws federalized by, 6, 162 Negligence laws, under 289 Operation of, where concurrent jurisdiction is retroceded to State, 164 Problems arising under, 6 Removal of actions under, to Federal court, 165 334 [References Are to Page Numbers] International Law Rule -- Continued State civil law adopted for application to Federal enclaves, 6, 158, 277 State criminal laws not adopted by, 158 State laws adopted under, become Federal law, 165 When inapplicable by action of Federal Government, 159 when action by State officials required, 161 when inconsistent with Federal law, 163 Iredell, James Defends exclusive power of legislation, 23 Judicial Notice of jurisdictional status, 80 Jury Service Suggests addition of consent requirement to article I, section 8, clause 17 of the United States Constitution, 20 Lea Act, 190, 200 Leasehold Interests Authority of States to tax, in Federal enclaves, 203 Federal legislation authorizing State taxation of, in Federal enclaves, 5, 190, 203 Lee, H Defends article I, section 8, clause 17 of proposed United States Constitution, 262 Legislation, Federal Act of 1790 (Federal crimes Act), 5, 36, 124 Act of 1795 (R.S. 4662), service of process, 35 Act of 1825 (Assimilative Crimes Act), 36, 126 text of, 36 Act of 1828 (R.S. 1838), procurement of legislative jurisdiction by President, 30 text of, 32 Act of 1841 (R.S. 355), requirement of State consent with respect to Federal acquisition of lands, 9, 32, 48, 57 text of, 9 335 [References Are to Page Numbers] Legislation, Federal -- Continued Act of 1841 amended (1940), 9, 48 text of, 9 Act of 1948 (Assimilative Crimes Act), 131 Assimilative Crime Act; see that title. Buck Act, 192, 206, 246 Criminal law; see that title. Death by wrongful act statute, 5, 148 legislation prior to 1885 summarized, 28 legislation silent concerning jurisdiction, 28 Extent of, for areas under Federal legislative jurisdiction, 5, 148, 190 Firefighting, statute permitting reciprocal arrangements for, 187 Hayden-Cartwright Act; see Lea Act. Emigrant stations, local police authority provided on, 113 Lea Act, 190, 200 Military Leasing Act of 1947, 203, 247 Process, service of, provided for by, 35 Retrocession of jurisdiction; see that title. State authority under, 190 Wherry Housing Act, 2003 Workmen's Compensation, 206 Unemployment compensation, 211 Legislation Jurisdiction Acceptance of; see Acceptance of Legislative Jurisdiction. Acquisition of; see Acceptance of Legislative Jurisdiction by Federal Government. Areas adjacent to Federal enclaves,39, 67, 71 Areas over which legislative jurisdiction may be acquired; see that title Assent to transfer of; see Consent. Cession of; see Cession of Legislative Jurisdiction. Concurrent; see Concurrent Legislative Jurisdiction. 336 [References Are to Page Numbers] Legislative Jurisdiction -- Continued Consent to transfer of, see Consent. Constitutional provision for Federal exercise of; see United State Constitution. Exclusive; see Exclusive Legislative Jurisdiction Federal legislation relating to; see Legislative, Federal. Judicial notice of, 80 Lack of uniform policy concerning acquisition of, prior to 1841, 28 Methods of acquiring; see Acquisition of Legislative Jurisdiction. Methods of termination; see Termination of Legislative Jurisdiction. Partial; see Partial Legislative Jurisdiction. Recapture of, by unilateral action of State, 83 Reservation of; see Reservation of Legislative Jurisdiction. Reservation of, by State; see State Reservation of Legislative Jurisdiction. Retrocession of, by the State; see Retrocession of Legislative Jurisdiction. Status and extent of, as Federal questions, 81 Termination of; see Termination of Legislative Jurisdiction. Licensing by States Federal activities, generally, 293, 301 Federal contractors, 180, 183, 288, 291, 300 Federal employees, 293, 301 Mining on Federal lands, 255 Person or transaction on Federal enclaves, generally, 179, 184 Lighthouses Legislation requiring jurisdiction over, 28 Limitations, Statutes of Residence on Federal enclave does not toll, where State reserves right to serve process, 147 337 [References Are to Page Numbers] Liquor Reservation by State of right to tax sales of approved, 66 does not include right to regulate sales, 189 State regulatory statutes relating to, under Assimilative Crimes Act, 138 State without authority, absent reservation, to prohibit, regulate, or tax, 181, 182, 183 Taxation of, under Buck Act, 202 imports of, into Federal enclaves, 183 sales of, in Federal enclaves, 181, 182, 189 Lunacy Applicability to residents of Federal enclaves of State laws related to, 230, 234 Madison, James Defense by, of article I, section 8, clause 17, 22, 24 Proposals of, for exclusive legislative jurisdiction extended and adopted, 19 Proposes Federal exclusive legislative jurisdiction at seat of government, 19 Marvin, Congressman Dudley Describes early practices concerning acquisition of legislative jurisdiction, 30 Mental Institutions Access to, by residents of Federal enclaves, 4, 230, 234 Methods of Vesting Legislative Jurisdiction in Federal Government; see Acquisition of Legislative Jurisdiction by Federal Government. 338 [References Are to Page Numbers] Milk, Minimum Price of Authority of State to establish in Federal enclaves, 169, 172 Authority of State to establish in areas where Federal Government has proprietorial interest only, 171, 173 Mint State taxation of United States Mint, 261 Morris, Gouverneur Action by, concerning article I, section 8, clause 17 of United States Constitution, 20 Morton, Senator Oliver P. Critical of exclusive legislative jurisdiction, 30 Remarks by, concerning Federal authority to retrocede legislative jurisdiction, 87 Motor Fuel Taxes Applicability of State, to Federal enclaves, 5, 179, 202 Exemption of Federal instrumentalities from, 191, 313 Federal legislation authorizing extension of State, to Federal enclaves, 5, 190, 200 State taxation of motor fuel sold to contractor of Federal Government, 300 Motor Vehicles Applicability of State traffic regulations to federally operated, 295 Authority of State with respect to, operated by Federal contractors, 179, 299 Federal regulations concerning operation of, on Federal lands, 284 Operation of, by residents of Federal enclaves, 185, 202 Retrocession of jurisdiction over highways to permit State policing of, 84, 93 State licensing of drivers of federally owned, 293 State regulation of headlights, weight, etc., of federally owned, 294 State requirement for reporting accidents involving, on Federal enclaves, 105 339 [References Are to Page Numbers] Navy Yard Meaning of term as used in State consent statute, 39 Needful Buildings Construction of term as used in Constitution early cases, 70 modern rule, 72 Negligence Applicability of State laws relating to in Federal enclaves; see International Law Rule. in areas where Federal interest is proprietorial only, 289, 298 Death by wrongful act statute, 5, 148 Notaries Public Notarial services, as affected by International Law Rule, 6, 163 State notarial services unavailable in Federal enclaves, 4, 6 Officers Clubs As Federal instrumentality, 198 Importation of liquor by, 183 Not "wholly owned" Federal instrumentality, 212 Oleomargarine Applicability of State law requiring use of, to Federal soldiers' Home, 252 Partial Legislative Jurisdiction Acceptance of, by Federal Government, subject to amended R.S. 355, 48 Acquisition of; see Acquisition of Legislative Jurisdiction by Federal Government. Definition of, 11 Criminal matter in areas of, 113 Legality of, upheld, 60, 62 Reservation of, by State; see State Reservations of Legislative Jurisdiction. Termination of; see Termination of Legislative Jurisdiction. 340 [References Are to Page Numbers] Physicians Applicability of State laws relating to in Federal enclaves, 184 when employed by Government, generally, 302 Pinckney, Charles Proposes provision in United States Constitution for exclusive legislative jurisdiction, 19 Plattsburg, N.Y. Arsenal at, legislative jurisdiction status of, 2 Police Services Federal police operations in Federal areas, 111, 281 Policing of Federal exclusive an exclusive Federal function, 109 Policing of Federal property under proprietorial interest only, 114, 284 State police without authority in Federal enclaves, 4, 109, 112, 184 exception, immigrant stations, 113 investigation in enclave of offense committed without enclave, 122 Post Exchanges As Federal instrumentalities, 191, 196, 198 Not "wholly owned" instrumentalities, 212 President Authority of, to procure exclusive jurisdiction, 30 Price Fixing Fair trade laws, 181 Milk, 169 Privately Owned Land Federal civil law applicable to, in Federal enclaves, 146 Federal criminal law applicable to, in Federal enclaves, 106 Federal legislative jurisdiction may extend over, 75 Probate; see Wills and Administration of Decedents' Estates. Procedure Requirements relating to, in State cession and consent statutes, 79 341 [References Are to Page Numbers] Process -- Civil and Criminal Arrest under warrant as constituting service of, 121 Arrest without warrant, does not constitute service of, 122 Coroner's inquest as constituting, 122 Federal legislation authorizing service of State process in certain Federal enclaves, 35, 117 Federal regulations applicable to service of, by State officials, 121, 188 Habeas corpus, State writ of, as constituting process, 123, 147 Reservation by State of right to serve, in Federal enclaves, 34, 42, 59, 60 does not confer jurisdiction to define and punish crimes, 35, 118 is not inconsistent with exclusive jurisdiction, 10, 37, 118, 147, 187 State right to serve, under reservation or grant, 188 State service of process where Federal interest is proprietorial only, 116 Statute of limitations not tolled where right to serve process exists, 147 Substituted service of, 147, 166 Warrant of arrest, as constituting criminal process, 121 Warrant issued on extradition request as constituting, 121 Writ of attachment as constituting, 147 Proprietorial Interest Definition of, 11 Formerly understood as embraced in concurrent jurisdiction, 143 Power of Federal Government where Federal interest is proprietorial only, 251 State civil jurisdiction over areas in which Federal interest is proprietorial only, 254 State criminal jurisdiction over areas in which Federal interest is proprietorial only, 114, 254 State service of process in areas in which Federal interest is proprietorial only, 116 342 [References Are to Page Numbers] Protection; see Security. Public Office Right of residents of Federal enclaves to hold, 4, 219, 224 Public Piers Legislation requiring jurisdiction over, 28 Purchase Federal, of property, with consent of State method of acquiring jurisdiction, 41, 66 method specified by Constitution, 2, 66 What constitutes, 66, 67 When completed, 69 Real Property Acquisition of, by Federal Government acquiescence of State not necessary, 39, 46, 272 State property may be acquired, 273 Acquisition of, by State State may not condemn Federal land, 271 Acquisition of rights in Federal, governed by Federal law, 253, 273 Activities of Federal Government on Federal, 1 Activities on land adjoining Federal, 256 Disposition of, by Federal Government; see Disposition of Federal Real Property. Extent of federally owned, 1 Federally owned, held in governmental capacity, 265, 267 Freedom of Federal operations from interference on Federal, 251 Legal problems arising from Federal activities on, 2 Legislative jurisdiction; see that title. Protection of Federal, 111, 251, 277 Regulations of Federal agencies respecting use of Federal, 137, 281 Special assessments against federally owned, 269 State interference with use of Federal, 251 Taxation by States of federally owned historical development of exemption, 259 present status of exemption, 267 taxes and payments in lieu of taxes, 268 343 [References Are to Page Numbers] Recapture of Legislative Jurisdiction State may not unilaterally recapture, 7, 83 Reclamation Of arid lands owned by Federal Government, 276 Recording Requirements Right of agencies to make regulations respecting real property, 111, 137, 281 Reservation of Legislative Jurisdiction By Federal Government; see Federal Reservation of Legislative Jurisdiction. By State; see State Reservation of Legislative Jurisdiction Residents of Federal Enclaves Administration of decedents' estates; see Wills and Administration of Decedents' Estates. Adoption no Federal law relating to, 7 State law inapplicable to, in Federal enclaves, 4, 230, 233 Attachment of property of, 237 Civil rights of absence of Federal legislation concerning, 36 criticism of proposed Federal legislative jurisdiction as destructive of, 22, 23, 25 Divorce; see that title. Education of children of, see Schools. Eligibility for State services, 4, 215 Generally, 215 Hunting and fishing by; see Fish and Wildlife. Jury duty by, 4, 237 Lunacy proceedings involving; see Lunacy. Mental institutions; see that title. Miscellaneous right and privileges of, under State law, 215, 236 Motor vehicles belonging to; see Motor Vehicles. Obligations of, under State law, 4, 185, 215 344 [References Are to Page Numbers] Residents of Federal Enclaves -- Continued Probate of wills of; see Wills and Administration of Decedents' Estates. Public office, right of, to hold, 4, 215, 219, 224 Relations between State and, disrupted, 4 Retrocession of jurisdiction for enjoyment of rights by, 33, 84, 90 Self-government by, anticipated, 23 Status of; as residents of State, 4, 236, 238 Taxation of; see Taxation. Voting rights of, 4, 33, 84, 85, 87, 90, 215, 219 Retrocession of Legislative Jurisdiction. Acceptance by State essential, 54, 83 exception, 56, 101 Administrator of Veterans' Affairs, right of to retrocede jurisdiction, 93 Attorney General, right of to retrocede jurisdiction, 93 Categories of Federal retrocession statutes for affording civil and political rights, 33, 84, 90 for providing State policing of highways, 84, 93 for miscellaneous purposes, 95 Construction of retrocession statutes, 88 Early view questioning Federal authority in specific areas, 89 Federal statutes retroceding specific authority in all areas Buck Act (sales, use, and income taxes), 192, 206, 246 estates of decedent veterans, 190, 235 Lea Act (motor fuel taxes), 5, 190, 200 Military Leasing Act of 1947, 203 summarized, 5, 190 unemployment compensation, 5, 155, 211 workmen's compensation, 5, 155, 207 Recapture of legislative jurisdiction; see that title. Retrocession few in number, 10, 89 Reversion of legislative jurisdiction; see that title. Right to retrocede established, 87 345 [References Are to Page Numbers] Reversion of Legislative Jurisdiction By operation of State statute, 96 By termination of Federal use of property, 57, 99 Robinson, Senator Joseph T. Inquiry by, concerning proposed death by wrongful act legislation, 151 Sales Taxes; see Taxation Schools Attendance at State and local, by residents of Federal enclaves, 4, 7, 8, 215 Federal-State financial arrangements concerning, 7 Right of children resident on Federal enclaves to attend State and local, 216 Schools on Federal property, 1, 218 State institutions of higher learning, admission of residents of Federal enclaves, 7, 237 Security Federal authority to protect operations, 249, 280 real property, 251, 277 Guards for federal property, 111, 281 Right of agencies to make regulations concerning, 111, 137, 281 Use of firearms, 112, 280, 311 Ships' Service Stores As Federal instrumentalities, 198 Not "wholly owned" instrumentalities, 212 Smoot, Senator Reed Remarks of, with respect to proposed Federal death by wrongful act legislation, 150 Special Assessments State and local levy of, against federally owned real property, 269 State and Municipal Services Availability of, in Federal enclaves, 4, 186 See also specific service. 346 [References Are to Page Numbers] State Authority in Federal Enclaves Authority by Federal retrocession; see Retrocession of Legislative Jurisdiction. Authority by reservation; see State Reservation of Legislative Jurisdiction. Generally civil matters, 145 criminal matters, 105 relation to enclaves, 169 States without authority to define or punish commission of crimes, 4, 105 enforce health laws, 184 enforce laws against residents, 4, 185, 215 enforce laws relating to construction licenses, bonds, inspections, 183 establish minimum milk prices, 169, 172 regulate importation or sale of alcoholic beverages, 181, 182, 183 regulate wildlife, 106, 109, 146, 184 require licenses of physicians, surgeons, opticians, etc., 184 tax, 177 State Cession of Legislative Jurisdiction As method of transferring jurisdiction to Federal Government, 3, 42, 73 Authority broader than transfer by constitutional consent, 74 Early cessions, 29 Specific cessions approved, 78 State procedural requirements, 79 State Courts Jurisdiction of, in transitory actions arising in Federal enclaves, 165 State Inspection Requirements As applied to Federal functions generally, 302 As applied to property of Federal contractor, 286 Fire inspections, in Federal housing project, 252 Not continued by Federal Government under international law rule, 6 Sanitation laws in concurrent jurisdiction areas, 184 347 [References Are to Page Numbers] State Legislative Authority In concurrent jurisdiction areas, 109 In Federal enclaves generally, 4, 1069 respecting civil matters, 145 respecting criminal matters, 105 In partial jurisdiction areas, 113 In proprietorial interest areas, 114, 254 Where State has reserved jurisdiction; see State Reservations of Jurisdiction. State Licensing; see Licensing by States. State Recording Requirements Rights of Federal Government not dependent upon compliance with, 304 State Reservations of Legislative Jurisdiction As resulting in concurrent or partial jurisdiction, 11, 61, 113 Authority of State to reserve jurisdiction, 9, 188 Conflict with former requirements of R.S. 355, 57 Criminal jurisdiction, 58, 113 Development of practice of, 8, 57, 188 Discretion of State to reserve jurisdiction, 9, 188 Early views concerning, 8, 57, 59 Increase in reservations in recent years, 8 non-interference with Federal use, 9, 64, 188 not enlarging State authority, 188 Process; see Process -- Civil and Criminal. Reservations in cession statutes, 8, 60 Specific reservations approved, 65 Specific reservations construed, 189 Taxation; see that title. Staten Island Incident concerning, giving rise to enactment of R.S. 355, 32 Statutes of Limitations; see Limitations, Statutes of. Story, Justice Joseph Comments by, concerning extension of Federal judicial system as to crimes in enclaves, 123 348 [References Are to Page Numbers] Story, Justice Joseph -- Continued Views of, concerning Federal authority to possess land without exclusive legislative jurisdiction, 38, 59, 85 Streets and Other Areas Adjoining Federal Enclaves Jurisdiction over, 39, 67, 71 Taxation Buck Act, 192, 206, 246 Contractors, Federal authority of Congress to relieve from State taxation, 290, 319 liability of, to State taxation generally, 313 liability of, to State taxation of motor vehicles operated by, 299 Federal instrumentalities; see that title. Federal real property authority of Congress to permit taxation of, 268 authority of State to levy special assessments against, 269 authority of State to tax, 259 authority of State to tax leasehold interests in, 5, 190, 203 Historical development of tax exemption of, 259 Federal taxation of State activities, 268 Income taxes Federal legislation retroceding jurisdiction with respect to, in Federal enclaves, 5, 192, 206, 246 Lea Act, 190, 200 Motor fuel taxes; see that title. Payments in lieu of taxes, 268 Privately owned property, 4, 177 Reservation by State of right to tax, 8, 61, 189 Sales taxes, 5, 190, 192 Specific State taxing authority denied, 179 Unemployment compensation; see that title. Use taxes, 5, 190, 192, 202 Workmen's compensation; see that title. Termination of Legislative Jurisdiction By State statute providing for reversion of jurisdiction, 96 By retrocession by the Federal Government to the State; see Retrocession of Legislative Jurisdiction. 349 [References Are to Page Numbers] THIS PAGE IS MISSING 350 [References Are to Page Numbers] THIS PAGE IS MISSING 351 [References Are to Page Numbers] West Point Legislation authorizing acquisition of land at. as not containing requirement for Federal jurisdiction, 29 Wherry Housing Act; see Legislation, Federal. Wildlife; see Fish and Wildlife. Wills and Administration of Decedents' Estates Disposition by Federal agencies of personal assets of certain residents of Federal enclaves, 235 No general Federal law relating to, 7, 230, 236 State laws relating to, made applicable to veterans resident on Federal enclaves, 6, 190, 235 State laws relating to, inapplicable to residents of Federal enclaves generally, 4, 230 Use of States' judicial processes relating to, by residents of Federal enclaves, 7, 230 Workmen's Compensation Applicability of State workmen's compensation laws to Federal enclaves, 7, 230 Federal legislation authorizing extension of State workmen's compensation laws to Federal enclaves, 5, 190 as retrocession of jurisdiction, 155, 167 legislative history of, 207 Federal legislation not applicable to persons covered by Federal Employees Compensation Act, 210 State laws relating to, not covered by Federal statute providing relief for death by wrongful act, 153 Zoning; see Construction.