United States v. Tully

Citations

• 140 F. 899
• 1905 U.S. App. LEXIS 4854

Syllabus

<p>1. Criminal Law — Jurisdiction of Federal Courts — Criminal Offenses— Commission on Military Reservation.</p> <p>To give a federal court jurisdiction to try a person for a criminal'offense, on the ground that it was committed within a fort or military reservation, such fort or reservation must have been established by law, as contemplated by Const, art. 1, §• 8, either by purchase with the consent of the Legislature of the state or by reservation of public lands therefor by compact with the state at the time of its admission, and exclusive jurisdiction over the same must have been reserved to the United States, either by express words or by necessary implication.</p> <p>2. Same — Lands Occupied but not Legally Reserved for Military Post.</p> <p>By executive orders certain public lands in the then territory of Montana were reserved by the President for military purposes, under the designation of “Ft. Missoula Military Reservation.” It was subsequently ascertained that most of the buildings of the post were upon the E. % of section 36 adjoining the lands reserved, which had already been reserved by the organic act governing the organization of the territory for the use of the state, when admitted, for school purposes. By order of the General of the Army the commander of the post continued to occupy and exercise authority over such land, but no action was ever taken by Congress or the President to legally include the same in the lands reserved for military purposes; but both subsequently acted on the understanding that it was not a part of the reservation. The Constitution of the state of Montana (article 2, § 1) acknowledges the authority of the United States to exercise exclusive legislation, as provided by the federal Constitution over the military reservations in the state, including Ft. Missoula “as now established by law,” and the enabling act under which the state was admitted reserved from the grants made all lands “embraced in Indian, military or other rese