37 Wis. 379 | Wis. | 1875
The questions of law to be considered in this case arise upon the following facts, which are stated in the brief of the counsel for the petitioner.
■ On the 4th day of May, 1874, the petitioner was an inmate of the National Home for Disabled Yolunteer Soldiers, near the city of Milwaukee. On the same day, Samuel Hynes and Peter Manning were also inmates of the said National Home, which is located some three miles from the city of Milwaukee, in the town of Wauwatosa. On the 7th day of May, said Hynes made complaint to the municipal court of the city and county of Milwaukee, charging the petitioner and said Manning with having committed an assault and battery upon said Hynes, “at the city and county of Milwaukee,” on the 4th day of May, 1874, and prayed that the said petitioner and the said Manning might be arrested and punished therefor. On the same day the clerk of said municipal court issued a warrant in conformity with the prayer of the complaint, and delivered the same to John F. McDonald, then sheriff of Milwaukee county, for service. On the 25th day of May, 1874, the sheriff, by virtue of said warrant, without making any demand of the commandant
The petition further represented that the cause or pretense of his confinement, according to his best knowledge and belief, was the warrant issued by the said municipal court, and that such confinement was illegal, as he was advised and believed, for the following reasons : First, that the petitioner could not be lawfully arrested, while so as aforesaid serving in the said National Home, by authority of a warrant alone, without a demand and information duly presented in writing," under oath, to the commanding officer for his information and decision. Second, because the alleged offense, if any was committed, was not committed in either the city or county of Milwaukee, but on the the grounds and within the buildings of said National Home, where said petitioner was only amenable to the rules and articles of war. Third, because the said petitioner had been tried and punished for said alleged offense by the au
These facts were made to appear by the return of the sheriff to the writ and demurrers interposed thereto, as an inspection of the return of the county judge will more fully show. The county judge, upon the hearing and after argument, held that the warrant to the sheriff, being regular on its face and issued by a court of criminal jurisdiction over such offenses committed in Milwaukee county, was a sufficient protection to the sheriff to enter upon the grounds of the National Home and arrest the petitioner, without a previous demand from the commander of the Home to surrender the prisoner; and he thereupon ordered the petitioner to be remanded to the custody of the sheriff. From this determination of the county judge a writ of certiorari was sued out from this court, to review the proceedings had before him.
It is quite evident that the only important question arising upon these facts is, whether, if the alleged offense was committed on the grounds and within the buildings of the National Home, of which the petitioner was an inmate, the jurisdiction of the municipal court extends to it. It is not denied that the jurisdiction of that court is coextensive with the county of Milwaukee ; but it is said that the National Home, the place where the offense was committed, was within the sole and exclusive jurisdiction of the United States, and therefore the municipal court can take no cognizance of it. The argument upon this point is briefly this: The grounds, it is insisted, where the National Home is situated, were purchased by’congress, by the consent of the legislature of this state, for a purpose contemplated by the sixteenth clause of the eighth section of the first article of the constitution of the United States, and therefore, by the very terms of the constitution, ipso facto,’they fall within the exclusive legislation of congress, and the state jurisdiction is completely ousted.
Now, applying these remarks to the facts Qf this case, we have to inquire whether the purchase was made by the United States, the general government owning the property and taking the title with the consent of the legislature for one or any of the objects mentioned in the constitution. The nature of the institution or the corporation acquiring the property must be considered. And the first thing that strikes us, on this branch of the case, is, that the purchase was not made by the United States, but by a corporation, which owns and controls the property for the purposes of the trust. It is true, the corporation is one organized and created by an act of congress, and its board of managers is composed of the president of the United States, secretary of war and chief justice of the United States,
The view we have taken of the constitutional provision, and of the purchase made by the corporation, is directly in conflict with the decision of the supreme court of Ohio, in Sinks v.
But the counsel for the petitioner furthermore insisted that the question presented was one of personal rather than of territorial jurisdiction. The inmates of the Home, it is said, are made by the act of congress subject to the rules and articles of war, and are governed thereby in the same manner as if they were in the army of the United States. It seems to me that this does not essentially affect the question we have been considering, which is, whether the grounds and buildings of the National Home, the place where the alleged offense was committed, are within the jurisdiction of the state. If the petitioner has been punished by another competent tribunal, this may constitute a good reason why he should not be further prosecuted. But this is obviously a matter of defense. It fails to establish the position that the jurisdiction of the state does not extend to and operate within that territory.
Doubtless the commanding officer of the National Home would have felt the same obligation imposed by this article to cooperate with the civil officers in apprehending and securing the accused petitioner for trial, had a demand been made upon him. To suppose that he would not have been willing to aid in making such arrest, would be to impute to him conduct inconsistent with his duty.
In any aspect in which we have been able to view the case, it seems to us the order of the county judge was correct and must be affirmed.
By the Court. — Order affirmed.