Time: Mon May 26 10:40:57 1997
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Date: Mon, 26 May 1997 10:39:53 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: 18 U.S.C. 451 [sic] -- mystery solved!
May 26, 1997
From: Dan Meador
To: Paul Andrew Mitchell
Dear Paul,
Am in receipt of your "client" FAX of this date.
Your wish is my command!
The former 18 USC 451(3), 1940 ed., is now
18 USC 7(3). Consult historical and amendment notes.
Keep up the good work & God bless,
/s/ Dan Meador
Paul's hand-written answer follows:
"Right _ON_ Dan & Gail!"
/s/ Paul Mitchell
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.
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