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SEC. 8. That it shall be the duty of the warden of the prison to furnish to any and all paroled prisoners the usual gratuities, consisting of clothing, transportation, and $5 in money; the transportation furnished shall be to the place to which the paroled prisoner has elected to go, with the approval of the board of parole. The warden of the prison who furnishes these gratuities is hereby authorized to charge the actual cost of the same in his accounts against the United States: Provided, however, That when any such paroled prisoner shall have received his final discharge, while he is away rom such prison, he shall be entitled to no further gratuities provided for discharged prisoners under existing law.

Sec. 9. That whenever any person has been convicted of any offense against the United States, which is punishable by imprisonment, and has been sentenced to imprisonment and is confined therefor, in any reformatory institution of any State in accordance with section 5548 of the Revised Statutes, or other laws of the United States, then if such State has laws for the parole of prisoners committed to such institutions by the courts of that State, such person convicted of any offense against the United States, shall be eligible to parole on the same terms and conditions and by the same authority and subject to recommittal for violation of such parole in the same manner, as persons committed to such institutions by the courts of said State, and the laws of said State relating to the parole of prisoners and the supervision thereof in such institutions are hereby adopted and made to apply to persons committed to such institutions for offenses against the United States. The necessary cost of parole and supervision of such prisoners, to the State where such institution is located shall be paid by the United States out of the appropriation for the support of prisoners confined in State institutions, which appropriation is hereby made available for the purpose. No such prisoner shall be entitled to go on parole until the Attorney General shall have approved the order therefor: Provided, That when a prisoner is committed to such institution outside of the State where he lives he may be permitted by his parole to return to his home, and in such case the supervision of such prisoner on parole shall devolve upon the marshal of the district where said prisoner lives, and in case such prisoner should violate his parole a warrant for his recommitment shall be delivered to and executed by said marshal.

Sec. 10. That nothing herein contained shall be construed to impair the power of the President of the United States to grant a pardon or commutation in any case, or in any way impair or revoke such good-time allowance as is or may hereafter be provided by act of Congress.

Approved June 25, 1910.

(PUBLIC-No. 348]

(H. R. 14925) AN ACT To amend "An act to parole United States prisoners, and for other purposes," approved June 25,

1910 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the "Act to parole United States prisoners, and for other purposes," approved June 25, 1910, be amended so as to read as follows, to wit:

“That every prisoner who has been or may hereafter be convicted of any offense against the United States and is confined in execution of the judgment of such conviction in any United States penitentiary or prison, for a definite term or terms of over one year, or for the term of his natural life, whose record of conduct shows that he has observed the rules of such institution, and who, if sentenced for a definite term, has served one-third of the total of such term or terms for which he was sentenced, or, if sentenced for the term of his natural life, has served not less than fifteen years, may be released on parole as hereinafter provided.” Approved, January 23, 1913.

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APRIL 21 (calendar day, APRIL 25), 1930.-Ordered to be printed

Mr. STEIWER, from the Committee on the Judiciary, submitted the

following

REPORT

(To accompany H. R. 9235)

The Committee on the Judiciary, to which was referred the bill (H. R.9235) to authorize the Public Health Service to provide medical service in the Federal prisons, have given full consideration to the same and now report favorably thereon with the recommendation that the bill pass without amendment.

Medical service is of outstanding importance in the treatment of prisoners in our Federal penal institutions. To eliminate contagious diseases, to properly diagnose physical ailments, to accurately classify men with reference to their mental capacities, is of cardinal importance in the treatment of the individual prisoner. But it is of greatest importance in the protection of our communities. It has been difficult in the past to secure the services of a sufficient number of highly trained physicians, surgeons, and mental experts to fill the posts in our prisons.

There is now within the Federal Government an existing personnel of highly trained medical experts. The United States Public Health Service has acquired an enviable reputation for achievement in its field. It would seem to be a wise scheme to have the Government utilize the services of the United States Public Health Service in its penal institutions. This should result in more expert service and offer a continuation and unification of policies among our institutions which could not perhaps be otherwise obtained.

The committee respectfully urges the support of this bill as an important step to be taken in the reorganization of the Federal prison system.

The Secretary of the Treasury and the Attorney General have both been recorded as favorable to this bill and have expressed the opinion that it offers an opportunity for increased and useful cooperation between Government departments.

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AGE LIMIT OF PERSONS CONFINED IN UNITED STATES INDUSTRIAL REFORMATORY AT CHILLICOTHE, OHIO

APRIL 21 (calendar day, APRIL 25), 1930.-Ordered to be printed

Mr. STEIWER, from the Committee on the Judiciary, submitted the

following

REPORT

[To accompany H. R. 973]

The Committee on the Judiciary, to whom was referred the bill (H. R. 973) to remove the age limit of persons who may be confined at the United States industrial reformatory at Chillicothe, Ohio, after full consideration reports the same favorably and recommends that the bill do pass.

This bill merely amends the present law so as to remove the age limits provided for convicts who may be sent to the United States Industrial Reformatory at Chillicothe, Ohio, namely, persons between the ages of 17 and 30 years. It has been recommended by the Attorney General and the superintendent of prisons. The only change made in the present law is indicated in the following reprint of the statute which shows the words omitted in brackets:

The Attorney General, the Secretary of War, and the Secretary of the Interior are authorized and directed to select a site for an industrial reformatory which shall be used for the confinement of male persons [between the ages of 17 and 30 years] who have been or shall be convicted of offenses against the United States, including persons convicted by general courts-martial and consular courts, and sentenced for terms of imprisonment for more than one year, with or without hard labor, except those who have been convicted previously of an offense punishable by imprisonment for more than one year, and except also those convicted of treason, murder in the first or second degree, rape, or arson, and those sentenced to life imprisonment. It shall be sufficient for the courts to sentence said class of offenders to imprisonment in the penitentiary without specifying the particular penitentiary or the United States industrial reformatory, and the imprisonment shall be in such penitentiary or the United States industrial reformatory as the Attorney General shall from time to time designate.

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SENATE

715T CONGRESS

2d Session

REPORT No. 540

PAYMENT OF INTEREST BY UNITED STATES ON TRUST

FUNDS OF INDIAN TRIBES

APRIL 21 (calendar day, APRIL 25), 1930.-Ordered to be printed

Mr. FRAZIER, from the Committee on Indian Affairs, submitted the

following

REPORT

(To accompany S. 4203]

The Committee on Indian Affairs, to whom was referred the bill (S. 4203) to amend the act approved February 12, 1929, authorizing the payment of interest on certain funds held in trust by the United States for Indian tribes, having considered the same, report favorably thereon with a recommendation that the bill do pass without amendment.

This bill was introduced at the request of the Secretary of the Interior, as set forth in the following letter, which is appended hereto and made a part of this report:

DEPARTMENT OF THE INTERIOR,

Washington, April 17, 1930. Hon. LINN J. FRAZIER, Chairman Committee on Indian Affairs,

United States Senate. MY DEAR MR. CHAIRMAN: The act of February 12, 1929 (44 Stat. 1164), authorizing the payment of interest on certain funds held in trust by the United States for Indian tribes, provides in part:

"That all money in excess of $500 held by the United States in a trust fund account, and carried on the books of the Treasury Department to the credit of an Indian tribe, if the payment of interest thereon is not otherwise authorized by law, shall bear simple interest at the rate of 4 per cent per annum from the date of the passage of this act."

The Comptroller General of the United States in a decision dated May 31, 1929 (A-27308, 8 Comp. Gen. 625), held that the provisions of this act do not apply to funds accruing under the acts of March 3, 1883 (22 Stat. 590), and May 17, 1926 (44 Stat. 560), inasmuch as these funds are carried on the books of the Treasury in a consolidated account under the title of "Indian moneys, proceeds of labor” rather than to the credit of the respective tribes to which they belong. Furthermore, they include some moneys which are not tribal but are revenues of Indian agencies and schools collected and expended under the last-mentioned The fund "Indian moneys, proceeds of labor,” while carried in one account by the Treasury Department, is segregated on the books of the Indian Office to the credit of the respective tribes, agencies, or schools to which it belongs. The amounts thus credited to the tribes, aggregating about $3,500,000, are held by the United States in trust for the Indians and are tribal funds as surely as if they were so carried by the Treasury Department. In initiating the legislation contained in the act of February 12, 1929, the department had these moneys particularly in mind, constituting as they do more than one-half of the total funds upon which Congress had not previously authorized the payment of interest. The reasons which actuated that legislation apply to these as well as to other funds of the Indians, but as the matter now stands they are excluded from operation of the act for the technical reasons above stated.

act.

As a means of meeting the situation there is inclosed draft of a bill to amend the act of February 12, 1929, so that on and after July 1, 1930, the Treasury Department will carry Indian moneys, proceeds of labor accounts to the credit of the several tribes involved, and interest will be allowed on all such funds with account balances exceeding $500. The legislation also provides for disposition, in the discretion of the Secretary of the Interior, of balances in any tribal account which may not be required for the purpose for which the fund was created, and also gives specific authority for the disposition of the interest accruing on this class of funds.

The draft of the bill has the approval of the Secretary of the Treasury.

It is recommended that the legislation submitted receive favorable consideration by your committee and Congress. Very truly yours,

RAY LYMAN WILBUR, Secretary. O

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