Stephen Johnson Field

“ It can hardly be the design of counsel for the railroad company to contend that the act of cession to the United States is wholly invalid, for, in that event, the jurisdiction of the state would remain unimpaired, and her statute would be enforceable within the limits of the reservation equally as in any other part of the state. What we suppose counsel desires to maintain is that the act of cession confers exclusive jurisdiction over the territory, and that any limitations upon it in the act must therefore be rejected as repugnant to the grant. ”

“ It is a general rule of public law, recognized and acted upon by the United States, that whenever political jurisdiction and legislative power over any territory are transferred from one nation or sovereign to another, the municipal laws of the country-that is, laws which are intended for the protection of private rights-continue in force until abrogated or changed by the new government or sovereign. ”

“ By the cession public property passes from one government to the other, but private property remains as before, and with it those municipal laws which are designed to secure its peaceful use and enjoyment. ”