County of Allegheny v. McClung
County of Allegheny v. McClung
Opinion of the Court
The opinion of the court was delivered, by
The only defence which the-county set up against the coroner’s claim of compensation was, that he had no right to hold an inquisition within the arsenal grounds, the jurisdiction of the Government of the United States being exclusive within those grounds. The Constitution of the United States gives Congress the exclusive power of legislation 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, dockyards, &c. The legislative power over places so purchased is transferred from the state to the Federal government, and Congress might undoubtedly exclude coroners and all other state officers from exercising their functions upon such premisos, unless restrained by some qualification in the expression of state consent. In the Act of Assembly of 19th March 1813, giving consent to the purchase by the Federal government of the arsenal grounds in question, there is this proviso: “ That nothing herein contained shall extend, or be construed to extend, so as to impede or prevent the execution of any process, civil or criminal, under the authority of this state.”
The Federal government then took the title, subject to the right of the state authorities to execute state process within the arsenal grounds, and when seventy-two citizens of the state had been
Then he ought to be paid his fees by the county. They cannot shield themselves from liability by the poor pretence that the coroner went beyond his jurisdiction. It belongs not to the county to set up such a defence, hut it is their duty to pay for the services of their agent so properly rendered.
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.