Waltrip v. Commonwealth

• Decision Date: 25 April 1949
• Citation: 53 S.E.2d 14,189 Va. 365
• Parties: WALTRIP. v. COMMONWEALTH.
• Court: Virginia Supreme Court

53 S.E.2d 14

189 Va. 365

WALTRIP.

v.COMMONWEALTH.

Supreme Court of Appeals of Virginia.

April 25, 1949.

Error to Circuit Court, York County; Frank Armistead, Judge.

R. E. Waltrip was convicted of violating the state game laws by killing a rabbit out of the lawful hunting season for rabbits and he brings error.

Judgment affirmed.

Before HUDGINS, C. J., and GREGORY, EGGLESTON, SPRATLEY, BUCHANAN, STAPLES, and MILLER, JJ.

Channing M. Hall, of Williamsburg, for plaintiff in error.

J. Lindsay Almond, Jr., Arty. Gen., and Ballard Baker, Asst. Atty. Gen., for the Commonwealth.

GREGORY, Justice.

Waltrip, the petitioner, was found guilty of violating the State game laws in the circuit court of York county. He admitted that he had shot and killed a rabbit within the boundaries of Camp Peary on July 2, 1948, out of the lawful hunting season for rabbits in this Commonwealth.

The error assigned is that the area of Camp Peary is owned by the United States; that it has exclusive jurisdiction within the territorial limits of the area, and that the game laws of the Commonwealth of Virginia are not enforceable therein.

In September, 1942, and subsequent thereto, the United States acquired the fee-simple title to several thousand acres of land in York county. This area was used during the War as a training camp. In 1947 the United States, through its proper officers, executed an indeterminate revocable permit granting to the Commonwealth of Virginia permission to occupy and use the Camp Peary area "in connection with the activities of the Conservation Commission and the Game and Inland Fisheries Commission."

There is no proof in the record that any authorized officer of the United States ever applied for or secured from the Commonwealth of Virginia cession of any jurisdiction, exclusive or partial, over this area. The United States has never sought nor accepted jurisdiction over it. On the other hand, from certain correspondence, filed by agreement of parties, it is definitely shown that the United States not only never ac-cepted any jurisdiction over this area, but it expressly refused to accept such jurisdiction. These letters are from the Bureau of Yards and Docks of the Navy Department and the Public Works Department.

The petitioner bases his contention upon certain constitutional provisions. He relies upon article 1, section 1, of the Constitution of the United" States, which provides, "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives."

He also relies upon article 1, section 8, clause 1, of the same Constitution, which provides, "the Congress shall have Power To * * * provide for the common Defence and general Welfare of the United States", and clause 17, in which it is provided that Congress shall have power "to exercise exclusive Legislation in all Cases whatsoever, over such District * * * as may, by Session of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings."

He also relies upon clause 18 of said article, which provides that Congress shall have power "to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof".

It is contended that the foregoing constitutional provisions gave the Congress the power to legislate and to exercise exclusive jurisdiction over Camp Peary as property of the United States acquired for war purposes with the consent of the legislature of Virginia.

Camp Peary has innumerable buildings. At one time during the recent World War there were some sixty to sixty-five thousand men in training there. Many buildings still remain. The United States is still the fee-simple owner of the land but, as stated, it has entrusted or permitted the Commonwealth of Virginia to have temporary possession and custody of the property under a revocable permit.

An Act of Congress enacted on October 9, 1940, and found in 40 U. S. C.A. § 255, is conclusive of this case. It provides, "Notwithstanding any other provision of law, the obtaining of exclusive jurisdiction in the United States over lands or interests therein which have been or shall hereafter be acquired by it shall not be required; but the head or other authorized officer of any department or independent establishment or agency of the Government may, in such cases and at such times as he may deem desirable, accept or secure, from the State in which any lands or interests therein under his immediate jurisdiction, custody, or control are situated, consent to or cession of such jurisdiction, exclusive or partial, not theretofore obtained, over any such lands or interests as he may deem desirable and indicate acceptance of such jurisdiction on behalf of the United States by filing a notice of such acceptance with the Governor of such State or in such other manner as may be prescribed by the laws of the State where such lands are situated. Unless and until the United States has accepted jurisdiction over lands hereafter to be acquired as aforesaid, it shall be conclusively presumed that no such jurisdiction has been accepted. * * *"

The pertinent State statutes are to be found in Code, sections 19 and 19e, Michie's Code 1942.

Under section 19 of the Code,...