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[ Footnote 5 ] Milheim v. Moffat Tunnel Improvement Dist., 262 U.S. 710, 716 , 43 S. Ct. 694, 696.
[ Footnote 6 ] Cf. Mason Co. v. Tax Commission, 302 U.S. 186, 197 , 58 S.Ct. 233, 238; Murray v. Joe Gerrick & Co., 291 U.S. 315, 316 , 54 S.Ct. 432, 92 A.L.R. 1259.
[ Footnote 7 ] Collins v. Yosemite park & Curry Co., 304 U.S. 518, 529 , 530 S., 58 S. Ct. 1009, 1014; James v. Dravo Contracting Co., 302 U.S. 134 , 147-149, 58 S.Ct. 208, 215, 216, 114 A.L.R. 318.
[ Footnote 8 ] Murray v. Joe Gerrick & Co., 291 U.S. 315, 318 , 54 S.Ct. 432, 433, 92 A.L.R. 1259; Arlington Hotel Co. v. Fant, 278 U.S. 439, 445 , 446 S., 454, 49 S.Ct. 227, 230; Chicago, R.I. & P.R.R. v. McGlinn, 114 U.S. 542, 546 , 547 S., 5 S.Ct. 1005, 1006, 1007.
[ Footnote 9 ] 45 Stat. 54, 16 U.S.C. 457 (1928), 16 U.S.C.A. 457; see Murray v. Joe Gerrick & Co., 291 U.S. 315, 319 , 54 S.Ct. 432, 433, 92 A.L.R. 1259; H.R.Rep.No. 369, 70th Cong., 1st Sess.; 69 Cong.Rec. 1486.
[ Footnote 10 ] 49 Stat. 1938, 40 U.S.C. 290 (1936), 40 U.S.C.A. 290; see H.R. Rep.No. 2656, 74th Cong., 2d Sess.
[ Footnote 11 ] 30 Stat. 668 (1898) (jurisdiction receded to states over places purchased for branches of solidiers' homes); 49 Stat. 668, 16 U.S.C. 465 ( 1935), 16 U.S.C.A. 465 (waiver of federal jurisdiction for historic sites); 49 Stat. 2025, 40 U.S.C. 421 (1936), 40 U.S.C.A. 421 (same for slum-clearance and low-cost housing projects); 49 Stat. 2035 (1936), 40 U. S.C.A. 431-434 (same for resettlement and rural rehabilitation); 50 Stat. 888, 894, 13(b), 42 U.S.C. 1413(b) (1937) 42 U.S.C.A. 1413(b) ( same for acquisitions of U.S. Housing Authority).
[ Footnote 12 ] Bowen v. Johnston, 306 U.S. 19, 29 , 59 S.Ct. 442, 447; United States v. Unzeuta, 281 U.S. 138 , 50 S.Ct. 284; United States v. Cornell, Fed.Cas.No. 14,867; Commonwealth v. Clary, 8 Mass. 72; People v. Hillman, 246 N.Y. 467, 159 N.E. 400.
[ Footnote 13 ] Judicial Code, 24, 27, 28 U.S.C.A. 41, 51.
[ Footnote 14 ] R.S. 5391, 30 Stat. 717 (1898), 35 Stat. 1145 (1909), 48 Stat. 152 (1933), 49 Stat. 394 (1935), 18 U.S.C.A. 468.
[ Footnote 15 ] Article (1) Short title; definitions; (2) The department of labor; ( 3) Review by industrial board and court; (4) Employment of children and females; (5) Hours of labor; (6) Payment of wages; (7) General provisions; ( 8) Public work; (8-a) Grade crossing elimination work; hours and wages; (9) Immigrant lodging houses; (10) Building construction, demolition and repair work; (11) Factories; (12) Bakeries and manufacture of food products; (13) Manufacture in tenement houses; (14) Mercantile and other establishments; (15) Mines and tunnels; quarries; compressed air; (16) Explosives; (17) Public safety; (18) Miscellaneous provisions; laws repealed; when to take effect.
[ Footnote 16 ] We do not therefore need to consider the authority of the state administraltive officers. New York Labor Law, 242. Cf. Oklahoma City v. Sanders, 10 Cir., 94 F.2d 323, 328, 115 A.L.R. 363. In this case an injunction was obtained in the federal district court enjoining a city and certain of its officers from enforcing ordinances relating to licenses, bonds and inspections by daily arrests on account of violations of these ordinances by a contractor doing construction work on a low-cost housing project. The decree was affirmed by the circuit court of appeals after consideration of the Act of June 29, 1936, which reads that 'The acquisition by the United States of any real property ... in connection with any low-cost housing ... project ... shall not be held to deprive any State or political subdivision thereof of its civil and criminal jurisdiction in and over such property ....' 40 U.S.C.A. 421. Except as affected by the act just quoted in part, the area was federal territory through a consent statute. The Court, speaking of the recession, said:
It also quoted with approval an excerpt from an opinion of the Director, Legal Division, Federal Emergency Administration of Public Works:
[ Footnote 17 ] 304 U.S. 518, 532 , 58 S.Ct. 1009, 1016.
[ Footnote 18 ] We do not overlook the language in Murray v. Joe Gerrick & Co., 291 U.S. 315, 319 , 54 S.Ct. 432, 433, 92 A.L.R. 1259, called to our attention by appellant:
That quotation had reference to a contention that the dependents of an employee, killed on federal territory within a state, might claim compensation as beneficiaries under a state compensation act. The compensation fund, collected and administered by state officers, was not effective in federal territory. Cf. Atkinson v. State Tax Commission, 303 U.S. 20, 25 , 58 S.Ct. 419, 421. As the fund was not augmented by assessments against the federal contractor, the Court held the procedural provisions of the state compensation act did not apply.
[ Footnote 19 ] Pittman v. Home Owners' Loan Corp., 308 U.S. 21 , 60 S.Ct. 15, 124 A.L.R. 1263; Atkinson v. State Tax Commission, 303 U.S. 20, 23 , 58 S.Ct. 419, 420; James v. Dravo Contracting Co., 302 U.S. 134, 147 , 161 S., 58 S.Ct. 208, 215, 221, 114 A.L.R. 318; United States v. Unzeuta, 281 U.S. 138, 142 , 50 S.Ct. 284, 285; State of Ohio v. Thomas, 173 U.S. 761 ; State of Ohio v. 455; Fort Leavenworth R. Co. v. Lowe, 114 U.S. 525, 531 , 5 S.Ct. 995, 998; Kohl v. United States, 91 U.S. 367, 371 , 372 S.; Thomson v. Union Pacific R.R., 9 Wall. 579, 591.
[ Footnote 20 ] Anderson v. Chicago & N.W. Ry., 102 Neb. 578, 168 N.W. 196, as commented upon in United States v. Unzeuta, 281 U.S. 138, 144 , 50 S.Ct. 284, 285.
[ Footnote 21 ] Note 2, supra.
[ Footnote 22 ] 302 U.S. 134, 160 , 161 S., 58 S.Ct. 208, 221, 114 A.L.R. 318.
[ Footnote 23 ] Md., 4 A.2d 734, appeal dismissed for want of a substantial federal question, sub nom United States v. Baltimore & Annapolis R.R., 308 U.S. 525 , 60 S.Ct. 297, 84 L.Ed. --, decided December 18, 1939.
[ Footnote 24 ] The entire section reads:
[ Footnote 25 ] James v. Dravo Contracting Co., 302 U.S. 134, 152 , 58 S.Ct. 208, 217, 114 A.L.R. 318; Helvering v. Mountain Producers Corp., 303 U.S. 376, 385 , 58 S.Ct. 623, 627.
[ Footnote 26 ] 38 Opinions of the Attorney General 341, 348, 349, is not to the contrary. It declared that Section 2 of a Nevada consent statute, Laws Nev. 1935, c. 142, was clearly incompatible with exclusive jurisdiction. The section read:
The opinion however further stated:
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Citation: 309 U.S. 94
Docket No: No. 251
Decided: January 15, 1940
Court: United States Supreme Court
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