Time: Sun May 25 22:52:41 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id WAA24172; Sun, 25 May 1997 22:09:56 -0700 (MST) by usr06.primenet.com (8.8.5/8.8.5) with SMTP id WAA14181; Sun, 25 May 1997 22:09:14 -0700 (MST) Date: Sun, 25 May 1997 22:51:35 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: 18 U.S.C. 451 [sic] -- where did it go? Dear Clients, The following is page 199 from "Jurisdiction over Federal Areas within the States," Volume II, June 1957. Note carefully the reference to: "U.S.C., title 18, sec. 451, par. 3d" [sic], which I cannot find anywhere. Does anybody have any ideas? This could be earth-shaking too, if we can only dig up the Statute at Large upon which it was based. Lynne Meredith cited this statement, but now I am wondering if there was a typo in the original Eisenhower committee report, maybe? I also remember this issue arising when I was working in Billings, and I did generate a FOIA request for this statute, but I had to leave that job, and was never able to follow-up. /s/ Paul Mitchell http://www.supremelaw.com page 199 now follows: 199 One of the Navy officers testifying at the Senate hearing raised a question as to the effect on the Federal criminal jurisdiction over federal areas of a grant to the States of concurrent jurisdiction for tax matters. The Attorney General of the United States raised the same question in commenting on the bill by letter to the Chairman of the Senate Finance Committee: From the standpoint of the enforcement of the criminal law, the legislation may result in an embarrassment which is probably unintended. Criminal jurisdiction of the Federal courts is restricted to Federal reservations over which the Federal Government has exclusive jurisdiction, as well as to forts, magazines, arsenals, dock-yards, or other needful buildings (U.S.C., title 18, sec. 451, par. 3d). A question would arise as to whether, by permitting the levy of sales and personal- property taxes on Federal reservations, the Federal Government has ceded back to the States its exclusive jurisdiction over Federal reservations and has retained only concurrent jurisdiction over such areas. The result may be the loss of federal criminal jurisdiction over numerous reservations, which would be deplorable. ======================================================================== Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness email: [address in tool bar] : Eudora Pro 3.0.1 on Intel 586 CPU web site: http://www.supremelaw.com : library & law school registration ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this ========================================================================
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