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thereof; to issue, suspend, and revoke licenses for the maintenance of establishments aforesaid, and to detail for the discharge of such duties such officers, agents, and employees of the Treasury Department as may in his judgment be necessary. [32 Stat. L. 729.]

Sec. 6. [Interference with officers, etc., prohibited.] That no person shall interfere with any officer, agent, or employee of the Treasury Department in the performance of any duty imposed upon him by this Act or by regulations made by authority thereof. [32 Stat. L. 729.]

Sec. 7. [Punishment for violation.] That any person who shall violate, or aid or abet in violating, any of the provisions of this Act shall be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding one year, or by both such fine and imprisonment, in the discretion of the court. [32 Stat. L. 729.]

Sec. 8. [Repeal.] That all Acts and parts of Acts inconsistent with the provisions of this Act be, and the same are hereby, repealed. [32 Stat. L. 729.]

[Prevention of epidemics power of President to use appropriations.] The President of the United States is hereby authorized, in case of threatened or actual epidemic of cholera, typhus fever, yellow fever, smallpox, bubonic plague, Chinese plague, or black death, to use the unexpended balance of the sums appropriated and reappropriated by the sundry civil appropriation Act approved March third, nineteen hundred and one, or so much thereof as may be necessary, in aid of State and local boards, or otherwise, in his discretion, in preventing and suppressing the spread of the same; and in such emergency in the execution of any quarantine laws which may be then in force. [32 Stat. L. 450.]

This is from the Sundry Civil Appropriation Act of June 28, 1902, ch. 1301.

HIGHWAYS.

Over Military Reservations and Public Lands, see PUBLIC LANDS.
In Alaska, see ALASKA.
As Post Routes, see POSTAL SERVICE.
See also RAILWAYS; RIVERS, HARBORS, AND CANALS.

228

Volume III.

HOLIDAYS.

Resolution No. 22 of April 16, 1880, 229.

Printing-office Holidays with Pay, 229.
Act of Jan. 12, 1895, ch. 23, 229.

Sec. 46. Holidays for Employees of Printing Office, 229.
Resolution No. 5 of Jan. 6, 1885, 229.

Holidays with Pay for Government Employees, 229.
Resolution No. 6 of Feb. 23, 1887, 230.

Holidays for Per Diem Government Employees, 230.

Joint resolution providing for payment of wages to employees in the Government Printing

Office for legal holidays.

[Resolution No. 22 of April 16, 1880, 21 Stat. L. 304.]

[Printing Office holidays with pay.] That the employees of the Government Printing Office shall be allowed the following legal holidays with pay, to wit: the first day of January, the twenty-second day of February, the fourth lav of July, the twenty-fifth day of December, and such day as may be designatril by the President of the United States as a day of public fast or thanksgiving: Provided, That the said employees shall be paid for these holidays only when the employees of the other government departments shall be so paid: And provided further, That nothing herein contained shall authorize any additional payment to such employees as receive annual salaries. [21 Stat. L. 304.]

Resolution No. 5 of Jan. 6, 1885, given be infra, is the latest expression relative to holilow, relates to the same subject as this and days for employees of the government printpartly if not entirely supersedes it. Section ing office. 46 of the Act of Jan. 12, 1895, ch. 23, given

Sec. 46. [Holidays for employees of Printing Office.] The employees of the Government Printing Office shall be allowed the following legal holidays with pay, to wit: The first day of January, the twenty-second day of February, the fourth day of July, the twenty-fifth day of December, Inauguration Day, Memorial Day, Labor's Holiday, and such day as may be designated by the President of the United States as a day of public fast or thanksgiving. [28 Stat. L. 607.]

The above section 46 is from the Act of of public documents.” See PUBLIC PRINTING; Jan. 12, 1895, ch. 23,“ providing for the pub PUBLIC DOCUMENTS. lic printing and binding and the distribution

Joint resolution providing for the payment of laborers in Government employ for certain

holidays.

(Resolution No. 5 of Jan. 6, 1885, 23 Stat. L. 516.]

[Holidays with pay for government employees.] That the emplovees of the Navy Yard, Government Printing Office, Bureau of Printing and Engraving, and all other per diem employees of the Government on duty at Washington, or

elsewhere in the United States, shall be allowed the following holidays, to wit: The first day of January, the twenty-second day of February, the fourth day of July, the twenty-fifth day of December, and such days as may be designated by the President as days for national thanksgiving, and shall receive the same pay as on other days. [23 Stat. L. 516.]

“ Memorial " or Decoration Day” is added to the list of holidays by Res. No. 6 of Feb. 23, 1887, given below.

or

Joint resolution providing for the payment of per diem laborers in Government employ on

“Memorial Decoration Day” and the Fourth day of July of each year as on other days.

[Resolution No. 6 of Feb. 23, 1887, 24 Stat. L. 644.)

[Holidays for per diem government employees.] That all per diem employees of the Government, on duty at Washington or elsewhere in the United States, shall be allowed the day of each year, which is celebrated as “Memorial ” or “ Decoration Day” and the fourth of July of each year, as holiday, and shall receive the same pay as on other days. [24 Stat. L. 644.]

In the District of Columbia. - The follow be, and hereby is, made a holiday within the ing acts provide for holidays in the District District of Columbia as ully in all respects of Columbia :

as are the days mentioned as holidays in sec“ That section nine hundred and ninety tion nine hundred and ninety-three of the three of the Revised Statutes of the United Revised Statutes of the District of Columbia.” States, relating to the District of Columbia, Act of Aug. 1, 1888, ch. 723, 25 Stat. L. 353. be, and the same hereby is, amended, by add That the first Monday of September in ing to the days therein declared to be holidays each year, being the day celebrated and known within the said District, that day upon which as Labor's Holiday, is hereby made a legal the President of the United States is in public holiday, to all intents and purposes, in augurated, otherwise called Inauguration Day, the same manner as Christmas, the first day and that such day shall be a holiday for all of January, the twenty-second day of Febthe purposes mentioned in said section.” Act urary, the thirtieth day of May, and the of June 18, 1888, ch. 391, 25 Stat. L. 185. fourth day of July are now made by law

“That the thirtieth day of May in each public holidays." Act of June 28, 1894, ch. year, usually called “Decoration Day,' shall 118, 28 Stat. L. 96.

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HOMICIDE.

R. S. 5339. Murder, 231.

5340. Delivery of Offender's Body for Dissection, When, 234.
5341. Manslaughter, 234.
5342. Attempt to Commit Murder or Manslaughter, 235.
5343. (Punishment for Manslaughter - Superseded), 235.
5344. Officers and Owners of Steamboats Through Whose Misconduct, etc.,

Life Is Lost, Guilty of Manslaughter, 235.
Act of March 3, 1875, ch, 138, 237.
Sec. 1. Manslaughter, How Punished, 237.
2. Repeal, 237

CROSS-REFERENCES.

Punishment of Death, see CRIMES AND OFFENSES, vol. 2, p. 354.
Accessories, see CRIMES AND OFFENSES, vol. 2, pp. 356, 361.
Qualification of Verdict of Guilty by Adding Without Capital Punishment," see

CRIMES AND OFFENSES, vol. 2, p. 356.
Limitations of Capital Offenses, see CRIMES AND OFFENSES, vol. 2, p. 358.
See also ARTICLES FOR THE GOVERNMENT OF THE NAVY,

vol. 1, p. 458; ARTICLES OF WAR, vol. 1, p. 478; PIRACY.

Sec. 5339. [Murder.] Every person who commits murder —

First. Within any fort, arsenal, dock-yard, magazine, or in any other place or district of country under the exclusive jurisdiction of the United States;

Second. Or upon the high seas, or in any arm of the sea, or in any river, haven, creek, basin, or bay within the admiralty and maritime jurisdiction of the United States, and out of the jurisdiction of any particular State;

Third. Or who upon any such waters maliciously strikes, stabs, wounds, poisons, or shoots at any other person, of which striking, stabbing, wounding, poisoning, or shooting such other person dies, either on land or at sea, within or without the United States, shall suffer death. [R. S.]

Act of April 30, 1790, ch. 9, 1 Stat. L. 113; Outerbridge, (1868) 5 Sawy. (U. S.) 620. Act of March 3, 1825, ch. 65, 4 Stat. L. 115. See U. S. v. Norris, (1807) i Cranch (C. C.)

The Act of Jan. 15, 1897, ch. 29, sec. 2 411. (given under title CRIMES AND OFFENSES, vol. Federal jurisdiction. - Murder committed 2, p. 357) substituting life imprisonment for on board a United States battleship is within punishment by death, excepts the offenses the jurisdiction of the United States when mentioned in this section.

the United States has jurisdiction of the Offenses committed on Great Lakes and waters in which the vessel is lying. U. S. 0. connecting waters in violation of this and the Carter, (1897) 84 Fed. Rep. 622. following sections, 5340, 5341, 5342, 5343, This section and section 730, R. S., clearly 5344. See for Act of Sept. 4, 1900, extending include murder committed on any land within criminal jurisdiction of Circuit and District the exclusive jurisdiction of the United States Courts, title CRIMES AND OFFENSES, vol. 2, and not within any judicial district, as well

as murder committed on the high seas. Jones Qualification of verdict so as to provide for v. U. S., (1890) 137 U. S. 212. life imprisonment. - See Act of Jan. 15, 1897, On board a ship or a vessel of the United ch. 29, sec. 1, inder title CRIMES AND OF States. — United States courts do not possess FENSES, vol. 2, P 356.

jurisdiction of the crime of murder when Definition cojamon law. The statutes committed on board a foreign vessel, except do not define the ffense of murder, and there to a very limited extent, and never when the fore resort must be had to the common law perpetrator of the crime and the deceased are as it was in England before the Revolution. both foreigners. The general rule is that such U. S. v. King, (1888) 34 Fed. Rep. 302; U. S. courts have no jurisdiction of the offense even v. Lewis, (1901), 111 Fed. Rep. 630; U. S. v. where committed upon the high seas, except

p. 351.

when coniniitted on board a ship of the United both by military and general law, it is subStates, unless it appears that the vessel was ject to be tried either by a military or a civil sailing under no national flag. But it is no court, and a conviction or acquittal by the defense to the indictment that the vessel was military authorities does not discharge the never legally registered or enrolled, if she was accused from liability to answer in the civil owned by a citizen of the United States. U. courts for the offense against the general law S. v. Plumer, (1859) 3 Cliff. (U. S.) 28. See involved in the same facts. U. S. v. Clark, U. S. v. Holmes, (1820) 5 Wheat. (U. S.) 412. (1887) 31 Fed. Rep. 710.

Committed within foreign jurisdiction. This statute does not give the civil courts When, by treaty with another country, the jurisdiction over the crime of murder complace where a crime was committed was mitted on board a ship of war, but such ofwithin the exclusive territorial jurisdiction fense is triable before a naval court-martial. of that country, the shooting of a person on U. S. v. Mackenzie, 1 N. Y. Leg. Obs. 371, 30 board an American vessel within such exclu Fed. Cas. No. 18,313, (1843) 1 N. Y. Leg. Obs. sive territorial jurisdiction, resulting in the 227, 26 Fed. Cas. No. 15,690. death of such person within the United States, Lands held for national cemeteries are not does not give the federal courts jurisdiction within the jurisdiction of the United States of the offense. People t. Tyler, (1859) 7 Mich. where the purchases have been made or the 161. See (1856) 7 Op. Atty.-Gen. 721. lands appropriated without the consent of the

Within state waters. — In U. S. v. Bevans, state legislature. (1875) 14 Op. Atty.-Gen. (1818) 3 Wheat. (U. S.) 336, it was held that 559; (1869) 13 Op. Atty.-Gen. 131. the bay in which the murder on a United A military reservation, within the terriStates ship of war was alleged to have been torial boundaries of a state, is within the committed was within the original territory jurisdiction of the United States when there of the state of Massachusetts, and the Circuit has been a valid cession of jurisdiction by the Court was not authorized by section 8 of the state to the national government, and such Act of April 30, 1790, to take cognizance of jurisdiction is not limited to such portions the offense, as there had been no cession of of the reserve as are actually used for milithe jurisdiction of the locality to the United tary purposes, but extends to parts within States. To bring the offense within the juris the reserve used solely for farming purposes. diction of the courts of the Union, it must Murder committed within the reservation is have been committed in a river, etc., out of within the jurisdiction of the federal court. the jurisdiction of any state. It is not the Benson u. U. S., (1892) 146 U. S. 325. See offense, but the place in which it is com also U. S. v. King, (1888) 34 Fed. Rep. 302; mitted, which must be out of the jurisdiction U. S. v. Lewis, (1901) 111 Fed. Rep. 630; of the state. And although the offense should State v. Kelly, (1884) 76 Me. 331. be one of which the state could take no cog A military reservation, within the boundnizance, yet unless the place itself were out aries of a state, which was so used before of its jurisdiction, Congress had not, under the territory was admitted as

a state, is the existing statutes, given cognizance of that not a place “under th exclusive jurisdicoffense to the courts. See also U. S. v. Grush, tion of the United States," where there was (1829) 5 Mason (U. S.) 290.

no reservation of sovereignty over any part An indictment alleging that the crime of of the public lands when the territory was murder was committed on board a United admitted as a state into the Union. U. S. v. States battleship, while moored at Cob Dock, Bateman, (1888) 34 Fed. Rep. 86. See also in the waters of Wallabout Bay, in the East U. S. v. Stahl, (1868) Woolw. (U. S.) 192. River, charges an offense within the exclusive An Act of Congress authorized the Presijurisdiction of the United States Circuit dent to fortify several harbors and ports, and Court for the Southern District of New York, to receive from any state, in behalf of the when the territory, within which was em United States, a cession of the lands on which braced the land covered with the waters of any of the fortifications with the necessary the East River, at Wallabout Bay, had been buildings might be erected, or be intended to ceded to the United States by the state of be erected; or, where such cessions should New York, and the premises were being used not be made, to purchase such lands, not by the United States at the time of the al being the property of a state, on behalf of léged homicide for the very purposes specified the United States. A state statute (Rhode in the state statutes and deeds of cession. Island), in furtherance of this object, authorU. S. v. Carter, (1897) 84 Fed. Rep., 622. ized any person or town in the state, by and

Case not provided for by statute. — The with the consent of the governor, to sell to attorney-general advised, (1848) 5 Op. Atty. the President, for the use of the United Gen. 55, that a military officer could not be States, all such lands as it shouli, be deemed tried by the United States courts on a charge necessary to erect fortifications upon, with a of murder, alleged to have been committed by proviso that all civil and crirainal processes him on the person of another military officer issued under the authority of the state might during the war with Mexico, at a place which be executed on the land so ceded. Lands acwas occupied by United States troops, and quired by the United States, under such was under the jurisdiction of the United statutory provisions, fall within the excluStates, a military and civil governor having sive jurisdiction of the United States, under been appointed; as the courts could not exer the constitutional provisior giving Congress cise a common-law jurisdiction in criminal “exclusive legislation ” over all places purcases and have no jurisdiction until conferred chased by the consent of the legislature of the by Act of Congress.

state in which the same shall be. U. S. v. Court-martial. When an act is criminal Cornell, (1819) 2 Mason (J. S.) 60, (1820)

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