Ottinger Bros. v. Clark

• Decision Date: 17 November 1942
• Docket Number: 30840.
• Citation: 131 P.2d 94,191 Okla. 488,1942 OK 382
• Parties: OTTINGER BROS. et al. v. CLARK et al.
• Court: Oklahoma Supreme Court

131 P.2d 94

191 Okla. 488, 1942 OK 382

OTTINGER BROS. et al. v. CLARK et al.

No. 30840.

Supreme Court of Oklahoma

November 17, 1942

Syllabus by the Court.

1. Where an express cession of jurisdiction, with reservations is made by the State Legislature in favor of the United States, Congress has power to relinquish or recede to the State the jurisdiction thus acquired, without abandoning the property or its legitimate use.

2. Jurisdiction, with reservations, acquired from a state although exclusive while it subsists, is to be regarded as a mere suspension of the State Jurisdiction and, therefore, an Act of Congress relinquishing such jurisdiction, or any part thereof, and receding it to the State, is effective for that purpose, without any acceptance or assent by the State.

Original proceeding in Supreme Court by Ottinger Brothers and the Hartford Accident & Indemnity Company for review of an award of workman's compensation by the State Industrial Commission in favor of Arthur W. Clark, claimant.

Award sustained.

Looney Watts, Fenton & Eberle and H. R. Palmer, all of Oklahoma City, for petitioners.

C. T O'Neal, of Lawton, and Mac Q. Williamson, Atty. Gen., for respondents.

DAVISON Justice.

This is an original proceeding in this court brought by Ottinger Brothers and their insurance carrier, hereinafter referred to as petitioners, to obtain a review of an award which was made by the State Industrial Commission in favor of Arthur W. Clark, hereinafter referred to as respondent.

It is admitted that on May 15, 1941, respondent, while within the Fort Sill military reservation in the employment of Ottinger Brothers, and while engaged in an employment defined as hazardous by the Workmen's Compensation Law, 85 O.S.1941 § 1 et seq., sustained an accidental personal injury in the course of and arising out of his employment.

The petitioners challenge the jurisdiction of the commission to hear and determine the claim and present their argument under the following propositions:

"1. Exclusive jurisdiction of the area comprising the United States Military Reservation of Fort Sill is in the United States of America, and the State Industrial Commission has no jurisdiction of accidental injuries occurring in that area.

2. The jurisdiction of the Federal Government over the area comprising the Fort Sill military reservation is exclusive and cannot be delegated under Article 1, section 8, clause 17, of the Constitution of the United States."

Oklahoma was admitted to statehood on November 16, 1907. The Fort Sill military reservation was set aside and designated as such by the government prior to statehood. Oklahoma entered the union on a basis of equality with all other states and acquired all rights of a political nature that are enjoyed and exercised by the other states of the nation. In granting statehood to Oklahoma the Government imposed no restrictions upon the state in connection with its use of the reservation. After the admission of Oklahoma, the Government held the reservation as a proprietor, subject only to the limitation upon the state that the United States should remain unhampered in the use to which it was devoting its property. St. Louis-San Francisco R. Co. v. Satterfield, 8 Cir., 27 F.2d 586.

In 1913 the State of Oklahoma by legislative enactment ceded exclusive jurisdiction to the United States over all territory then owned by the United States and comprised within the limits of the military reservation of Fort Sill, reserving, however, to the state the right to serve civil or criminal process within the reservation in suits or prosecutions for or on account of rights acquired, obligations incurred or crimes committed outside of the reservation; and saving further to the state the right to tax railroad companies and other corporations and their franchises and property on said reservation; and further provided that the jurisdiction so ceded would continue no longer than the United States owns and holds said reservation for military purposes. This enactment is now 80 O.S.1941 § 4.

In 1915 the Workmen's Compensation Law was enacted by the legislature and has been in force and effect since that time, subject, of course, to various modifications.

In 1936 Congress conferred upon or receded to the state the jurisdiction to extend the compensation law to the reservation. See Act of June 25, 1936, 49 Stat. at L.1938, 40 U.S.C.A. § 290, which, insofar as pertains to the case at bar, reads as follows:

"Whatsoever constituted authority of each of the several States is charged with the enforcement of and requiring compliances with the State workmen's compensation laws of said States and with the enforcement of and requiring compliance with the orders, decisions, and awards of said constituted authority of said States shall have the power and authority to apply such laws to all lands and premises owned or held by the United States of America by deed or act of cession, by purchase or otherwise, which is within the exterior boundaries of any State, and to all projects, buildings, constructions, improvements, and property belonging to the United States of America, which is within the exterior boundaries of any State, in the same way and to the same extent as if said premises were under the exclusive jurisdiction of the State within whose exterior boundaries such place may be.

For the purposes set out in this section, the United States of America hereby vests in the several States within whose exterior boundaries such place may be, insofar as the enforcement of State workmen's compensation laws are affected, the right, power, and authority aforesaid: Provided, however, That by the passage of this section the United States of America in nowise relinquishes its jurisdiction for any purpose over the property named, with the exception of extending to the several States within whose exterior boundaries such place may be only the powers above enumerated relating to the enforcement of their State workmen's compensation laws as herein designated: Provided further, That nothing in this section shall be construed to modify or amend sections 751 to 796 of Title 5."

On June 4, 1941, the legislature accepted the provisions of the Act of Congress of 1936. 85 O.S.1941 § 4.

Petitioners cite a number of cases including the consolidated cases of State of Washington v. W. C. Dawson & Co. and Industrial Accident Commission of State of California et al. v. James Rolph Co. et al., 264 U.S. 219, 44 S.Ct. 302, 68 L.Ed 646; Knickerbocker Ice Co. v. Stewart, 253 U.S. 149, 40 S.Ct. 438, 64 L.Ed....