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Sec. 154. [Vice-President's salary.] The Vice-President shall receive in full for his services during the term for which he shall have been elected the sum of ten thousand dollars a year, to be paid monthly. [R. S.]

Act of March 3, 1873, ch. 226, 17 Stat. L. 486.

The Act of Jan. 20, 1874, ch. 11 (see CONGRESS, vol. 2, p. 216), by repealing the Act of March 3, 1873, ch. 226, sec. 1, in so far as

it increased the compensation of public officers, and restoring the former compensation, reduced the salary of the vice-president - to $8,000.

Sec. 155. [Officers of the President's household.] The President is authorized to appoint or employ in his official household the following officers: One private secretary, at a salary of three thousand five hundred dollars

a year.

One assistant secretary, who shall be a short-hand writer, at a salary of two thousand five hundred dollars a year.

Two executive clerks, at a salary of two thousand three hundred dollars a year each.

One steward of the President's household, at a salary of two thousand dollars a year.

One messenger, at a salary of one thousand two hundred dollars a year. [R. S.]

Act of March 3, 1857, ch. 108, 11 Stat. L.
228; Act of July 23, 1866, ch. 208, 14 Stat.
L. 206; Act of July 20, 1868, ch. 176, 15
Stat. L. 96.

The number as well as the designation and
compensation of the officers of the President's
household has been changed by the various
appropriation acts. The provisions of the
Legislative, Executive, and Judicial Appro-
priation Act of April 28, 1902, ch. 594, are
as follows:

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two thousand two hundred dollars; executive
clerk and disbursing officer, two thousand dol-
lars; two clerks, at two thousand dollars each;
six clerks of class four; one clerk of class
four who shall be a telegrapher; two clerks
of class three; steward, one thousand eight
hundred dollars; usher to the President, one
thousand eight hundred dollars; chief door-
keeper, one thousand eight hundred dollars;
four doorkeepers, at one thousand two hun-
dred dollars each; four messengers, at one
thousand two hundred dollars each; three
messengers, at nine hundred dollars each;
watchman, nine hundred dollars; one fire-
man; laborer, seven hundred and twenty dol-
lars.
[32 Stat. L. 132.]

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Sec. 156. [Duties of the steward.] The steward of the President's household shall, under the direction of the President, have the charge and custody of and be responsible for the plate, furniture, and other public property in the President's mansion, and shall discharge such other duties as the President may assign him. [R.S.]

206.

Act of March 3, 1857, ch. 108, 11 Stat. L. 228; Act of July 23, 1866, ch. 208, 14 Stat. L.

Sec. 157. [The steward's bond.] The steward of the President's household shall, before entering upon the duties of his office, give a bond to the United States for the faithful discharge of his trust. Such bond must be in such sum as the Secretary of the Interior shall deem sufficient, and must be approved by him. [R. S.]

Act of July 23, 1866, ch. 208, 14 Stat. L. 206.

PRINTING.

See PUBLIC PRINTING.

PRISONS AND PRISONERS.

Act of March 3, 1891, ch. 529, 24.

Sec. 1. United States Prisons

- Location and Erection, 24.

2. Employment of Convicts, 25.

3. Locality of Prison, How Selected, 25.

4. Control and Management - Officers- Regulations, 25.

5. Transportation of Prisoners - Expenses, 25.

6. Transportation, Clothing, etc., of Discharged Prisoner, 26.
7. Minors May Be Committed to Reformatories, 26.

8. Commutation for Good Behavior, 26.

9. Designation of Prison by Attorney-General-Separation of Fuvenile Offenders, 26.

Act of March 3, 1893, ch. 210, 27.

Penitentiary Building at Wallawalla, Washington, 27.

Act of June 4, 1897, ch. 2, 27.

Sec. 1. Conveyance of Wallawalla Penitentiary to State of Washington, 27. Act of March 2, 1895, ch. 189, 27.

Sec. 1. Military Prison, Fort Leavenworth, Kansas, Changed to United States Penitentiary and Transferred to Department of Justice, 27.

Act of Fune 10, 1896, ch. 400, 28.

Sec. 1. Selection of Site for Prison at Leavenworth, Kansas, and Restoration of Military Prison to War Department, 28.

2. Plans, etc., 29.

3. Construction by Convicts

4. Limit of Cost, 29.

Act of May 17, 1898, ch. 340, 29.

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Federal Fail at Fort Smith Declared a National Prison - Admission to

Prison, 29.

Act of March 3, 1901, ch. 853, 30.

Sec. 1. United States Penitentiary at Atlanta, Georgia — Control and Management, etc.- Employment of Convicts, 30.

R. S. 1828. Report of Warden of U. S. Penitentiary for District of Columbia, 30. Act of Aug. 18, 1894, ch. 301, 30.

Sec. 1. Expenses for Fail of District of Columbia - Estimates, 30.

R. S. 1892. Penitentiaries for Territories - Care and Control, 30.

1893. Rules for Their Government, 31.

1894. Payment of Marshal, etc., and of Expenses of Subsistence, etc., of Offenders, 31.

1895. Imprisonment in Penitentiaries, 31.

Act of June 16, 1880, ch. 235, 32.

Care and Custody of Convicts of Territories, 32.

R. S. 1936. Control of Penitentiaries in Montana, Idaho, etc., Transferred to Said Territories, 32.

Act of Fan. 24, 1873, ch. 63, 32.

Sec. 1. Penitentiaries in Montana, Idaho, Wyoming, and Colorado, 32.

2. Transfer to Territorial Authorities, 33.

Act of Fune 20, 1874, ch. 332, 33.

Sec. 1. Penitentiaries in Montana, Idaho, and Wyoming Territories, 33.

2. To Continue under Control of United States Marshals, 33.

R. S. 1937. Expenses of Maintenance of Prisoners to Be Paid from Fudiciary

Fund, 33

5536. Expenses for U. S. Prisoners to Be Paid by the United States, 33.

5537. Places of Confinement, 34.

5538. Marshal to Make Provision for Safe-keeping of Prisoners, 34.

5539. United States Convicts in State Penitentiaries, 35.

5540. Selection of Penitentiary Where a Judicial District Is Divided, 35.

Rescue, see that title.

An act for the erection of United States prisons and for the imprisonment of United States
prisoners, and for other purposes.

[Act of March 3, 1891, ch. 529, 26 Stat. L. 839.]

[SEC. 1.] [United States prisons location and erection.] That the
Attorney General and Secretary of the Interior be, and are hereby, authorized

and directed to purchase three sites, two of which shall be located as follows: one north, the other south of the thirty-ninth degree of north latitude and east of the Rocky Mountains, the third site to be located west of the Rocky Mountains, and the same to be located geographically as to be most easy of access to the different portions of the country, and cause to be erected thereon suitable buildings for the confinement of all persons convicted of any crime whose term of imprisonment is one year or more at hard labor by any court of the United States in any State, Territory, or District under the jurisdiction of the Department of Justice of the United States, and the plans, specifications, and estimates of such sites and buildings shall be previously made and approved according to law, and shall not exceed the sum of five hundred thousand dollars each. [26 Stat. L. 839.]

Power of Congress to erect, etc., prisons. · Congress can cause a prison to be erected at any place within the jurisdiction of the United States and direct that all persons sentenced to imprisonment under the laws of the United States shall be confined there; or it may arrange with a single state for the

use of its prisons, and require the courts of the United States to execute their sentences of imprisonment in them. All this is left to the discretion of the legislative department of the government, and is beyond the control of the courts. Ex p. Karstendick, (1876) 93 U. S. 396.

SEC. 2. [Employment of convicts.] That the sum of one hundred thousand dollars is further appropriated, to be expended under the direction of the Attorney General, in the fitting of workshops for the employment of the prisoners; Provided, however, That the convicts be employed exclusively in the manufacture of such supplies for the Government as can be manufactured without the use of machinery, and the prisoners shall not be worked outside the prison enclosure. [26 Stat. L. 839.]

SEC. 3. [Locality of prison, how selected.] That the Attorney General and the Secretary of the Interior be, and are hereby, authorized to select the State, District, or Territory in which to locate and erect the prisons: Provided, That the consent of the authorities of such State, District, or Territory be first obtained. [26 Stat. L. 839.]

SEC. 4. [Control and management officers - regulations.] That the control and management of said prisons be vested in the Attorney-General, who shall have power to appoint a superintendent, assistant superintendent, warden, keeper, and all other officers necessary for the safe-keeping, care, protection, and discipline of such United States prisoners. He shall also have authority to promulgate such rules for the government of the officials of said prisons and prisoners as he may deem proper and necessary. [26 Stat. L. 839.]

SEC. 5. [Transportation of prisoners-expenses.] That the transportation of all United States prisoners convicted of crimes against the laws of the United States in any State, District or Territory, and sentenced to terms of imprisonment in a penitentiary, and their delivery to the superintendent, warden, or keeper of such United States prisons, shall be by the marshal of the District or Territory where such conviction may occur, after the erection and completion of said prisons. That the actual expenses of such marshal, including transportation and subsistence, hire, transportation and subsistence of guards, and the transportation and subsistence of the convict or convicts, be paid, on the approval of the Attorney General out of the judiciary fund. [26 Stat. L. 839.]

Expenses in transporting prisoners. See further Act of May 28, 1896, ch. 252, sec. 12, title JUDICIAL OFFICERS, Vol. 4, p. 145. also R. S. sec. 5536, post, p. 33.

See

Prisoners sentenced by courts-martial. — This provision, said Attorney-General Harmon, applies "only to prisoners convicted by the civil courts of the United States, and

does not apply to prisoners sentenced by courts-martial." (1895) 21 Op. Atty.-Gen.

204.

A prisoner sentenced by a court-martial to confinement in a penitentiary of the United

States should not be turned over to a marshal, but should be conducted to the prison by the proper officer of the department of war." (1895) 21 Op. Atty. Gen. 204.

SEC. 6. [Transportation, clothing, etc., of discharged prisoner.] That every prisoner when discharged from the jail and prison shall be furnished with transportation to the place of his residence within the United States at the time of his commitment under sentence of the court, and if the term of his imprisonment shall have been for one year or more, he shall also be furnished with suitable clothing, the cost not to exceed twelve dollars, and five dollars in money. [26 Stat. L. 840.]

SEC. 7. [Minors may be committed to reformatories.] That this act shall not apply to minors, who, in the judgment of the judges presiding over United States courts, should be committed to reformatory institutions. And provided, That nothing in this act shall be construed as prohibiting the courts of the United States from sentencing to or confining prisoners, either civil or military, in the United States military prison at Fort Leavenworth, Kansas. L. 840.]

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[26 Stat.

See further provisions Act of March 2, 1895, ch. 189, sec. 1, post, p. 27; Act of June 10, 1896, ch. 400, post, p. 28.

SEC. 8. [Commutation for good behavior.] That the said Attorney General, in formulating rules and regulations for the conduct of said prisons, is hereby authorized to establish rules for commutation for good behavior of said convicts, but not for a longer time than two months for the first year's imprisonment, and two months for each succeeding year. [26 Stat. L. 840.]

Commutation for good behavior, see further Acts of March 3, 1875, ch. 145, post, p. 39, and June 21, 1902, ch. 1140, post, p. 40.

Effect of delivery of prisoner to prison not named in sentence. A marshal is bound to deliver a prisoner to the prison to which he is sentenced by the court, and where he unlawfully and without warrant of law surrenders the prisoner to a custody other than that of the warden of the penitentiary named in the sentence, such wrongful conduct on the part of the officer will not suspend the operation of the sentence and prevent it from expiring by lapse of time. So far as the prisoner is concerned his rights are unaffected by the illegal act of the officer, and the case must be treated precisely as if the marshal had discharged his duty according to law by

committing the prisoner to the proper custody. It matters not that during a portion of the time during which the prisoner has been confined he has been held ostensibly for an offense other than that for which he was originally convicted. In the eye of the law he has all the time been serving out the sentence that was first imposed on him, because no ministerial officer by disobeying the mandate of the court and unlawfully surrendering him into another custody than that where he rightfully belonged could suspend the running of the sentence for that offense. The prisoner's term of imprisonment should be computed from the date of the first sentence, and commutation for good behavior should be allowed. In re Jennings, (1902) 118 Fed. Rep. 479.

SEC. 9. [Designation of prison by Attorney-General-separation of juvenile offenders.] That the Attorney-General shall be authorized to designate to which of said prisons persons convicted in such States or Territories shall be carried for confinement: Provided, That in the construction of the prison buildings provided for in this act there shall be such arrangement of cells and yard space as that prisoners under twenty years of age shall not be in any way associated with prisoners above that age, and the management of the class under twenty years of age shall be as far as possible reformatory. [26 Stat. L. 840.]

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