In re Thomas’s Empirical Analysis

Citation profile

2 federal appellate · 1 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is unnecessary, in my view, to consider the question, what is the territorial jurisdiction of the slate of Ohio over the land occupied hy the National Home at Dayton? Dot. it be conceded that the case presented upon the petition and the fac-is si town sit the hearing is not different from what it would have been had the Legislature of Ohio never passed any act ceding jurisdiction to (he United States over the land acquired for the purpose of a national military home. In such a case, can it be maintained that the Legislature of the state of Ohio may pass an act which.shall regulate in any way ihe manner in which federal governmental functions shall be discharged hy the board of managers of the National Home as agents of the national government? It is very clear to me that 1he question must be answered in the negative. Morcan ¡here be any doubt that the acts of the petitioner complained of, and made the ground for prosecution under the state law, were acts in pursuance of the authority of the national government reposed in it by the Constitution of the United States. By that instrument Congress is given power by taxation to provide for the common defense and general welfare of the United States. It is given power to declare war. to raise and support armies, to provide and maintain a navy, to make rules for the government and regulation of the land and naval forces, to provide for calling forth the militia, to suppress insurrections and repel invasions, to provide for organi”

   1 later decision quote this exact passage · from the majority
   e.g. Pundt v. Pendleton

2. ““The same power that exists to create national parks and to create naüonal cemeteries is exercised in the erection and maintenance of a national home, to care for the defenders of the nation, who, though not killed, were disabled and wounded in ihe defense. The housing and feeding of such persons are, then, a federal governmental function and duty. When the government of the United States purchases land in a state for the purpose of discharging such a duty, it is not within the power of the State Legislature to ini erf ere with or regulate the mode in which it shall be performed. What it does for this purpose is exactly as much within its compleie control as when its quartermaster furnishes food to its soldiers, or when its pension agents distribute money to its pensioners. It is entirely immaterial in what place, within the jurisdiction of the government; of the United States, the duty is discharged. State lilies cannot affect or modify the complete control which the federal government and its agents and officers duly authorized have over the manner of discharging it. The jurisdiction of the state government in such a case is excluded, not because of the place where the act is done, but because that which is being done is the business of the United States, and such business is as com-' pletely b.eyond the influence and control of the state government as if it were not done within the territory of the state.””

   1 later decision quote this exact passage · from the majority
   e.g. Pundt v. Pendleton