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The act of Congress referred to is as follows:

[PUBLIC NO. 478-71sT CONGRESS]

[H. R. 9628]

AN ACT Granting the consent of Congress to the State of Arkansas, through its State highway department, to construct, maintain, and operate a free highway bridge across Saint Francis River at or near Lake City, Arkansas, on State Highway Numbered 18

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is hereby granted to the State of Arkansas, through its State highway department, to construct, maintain, and operate a free highway bridge and approaches thereto across the Saint Francis River, at a point suitable to the interests of navigation, at or near Lake City, Arkansas, on State Highway Numbered 18, in accordance with the provisions of an act entitled "An act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this act.

SEC. 2. The right to alter, amend, or repeal this act is hereby expressly reserved.

Approved, June 30, 1930.

The bill has the approval of the War and Agriculture Departments, as will appear by the letters attached:

Hon. SAM RAYBURN,

DEPARTMENT OF AGRICULTURE,
Washington, February 19, 1932.

Chairman Committee on Interstate and Foreign Commerce,

House of Representatives.

DEAR MR. RAYBURN: Careful consideration has been given to the bill H. R. 9266, transmitted with your letter of February 13, with request for a report thereon and such views relative thereto as the department might desire to communicate.

This bill would authorize the Arkansas Highway Department to construct, maintain, and operate a free highway bridge and approaches thereto across the St. Francis River at or near Lake City, Ark. The location indicated for the proposed bridge is on the system of Federal-aid highways approved for Arkansas and is embraced within the termini of Arkansas Federal-aid project No. 282. Favorable action on the bill is recommended.

Sincerely yours,

R. W. DUNLAP, Acting Secretary.

WAR DEPARTMENT, February 17, 1932. Respectfully returned to the chairman Committee on Interstate and Foreign Commerce, House of Representatives.

The accompanying bill, H. R. 9266, present session, to authorize the construction of a bridge across the St. Francis River at or near Lake City, Ark., on State Highway No. 18, is identical with an act of Congress approved June 30, 1930, subject to the provisions of the general bridge act of March 23, 1906. The time for commencing and completing the construction of the bridge, as implied by section 6 of the general act, expired June 30, 1931, and it is assumed that the purpose of the bill under consideration is to extend the time for construction. So far as the interests committed to this department are concerned, no objection is known to extending the time for commencing and completing the work of construction for the customary periods of one and three years, respectively, but I am of the opinion that it is preferable to authorize the extension of time in direct terms than to duplicate the existing act. The bill herewith has been amended accordingly and as thus amended I know of no objection to its favorable consideration by Congress.

O

PATRICK J. HURLEY,
Secretary of War.

SENATE

72D CONGRESS 1st Session

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REPORT No. 450

BOARD OF INDETERMINATE SENTENCE AND PAROLE FOR THE DISTRICT OF COLUMBIA

MARCH 23 (calendar day, MARCH 24), 1932.-Ordered to be printed

Mr. AUSTIN, from the Committee on the District of Columbia, submitted the following

REPORT

[To accompany S. 1155]

The Committee on the District of Columbia, to whom was referred the bill (S. 1155) to establish a board of indeterminate sentence and parole for the District of Columbia and to determine its functions, and for other purposes, having considered the same, reports favorably thereon, with the recommendation that the bill do pass, with the following amendments:

On page 1, line 10, after the word "for", strike out the word "one". On page 2, line 1, strike out all preceding the word "thereafter" and insert in lieu thereof the following: "three years, one for five years, and one for seven years;".

On page 2, line 3, strike out the word "three" and insert the word "seven".

On page 2, line 8, strike out the word "alienist" and insert the word "psychiatrist".

On page 3, in line 5, strike out the words "said parole", and the word "officers", in line 6, and insert in lieu thereof the words "each such parole officer".

On page 3, line 14, strike out all the language of the section down to and including the word "sentence", in line 24, and insert in lieu thereof the following:

SEC. 3. That hereafter, in imposing sentence on a person convicted in the District of Columbia of a felony the justice or judge of the court imposing such sentence shall sentence the person for a maximum period, not exceeding the maximum fixed by law, and for a minimum period not exceeding one-fifth of the maximum period fixed by law, and any person so convicted and sentenced may be released on parole as herein provided at any time after having served the minimum sentence.

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STAR POSatire is to establish in the District Determinate sentence and parole. In order lor afen, the bill pervades for the imposi rases of persets convicted of

A GANA KURAT, a widely used throughout the United States, ket, a queKtk 3 regarded as at, essential factor of penological reform. NAGARIZONAZ As the Federa. Parole Board has jurisdiction in cases at Penty Vetract of Columbia prisoners. The Federal and District MONONSER KIM Agreed that the bill hereby reported, with the suggested

amendments, would relieve the United States Government of an increasingly heavy burden which the District officials feel would be more appropriately handled through local administration.

CONTENTS OF THE BILL

The first section of the bill provides for establishment of the parole board, to consist of three District residents, not connected with prison administration, to be appointed by the District Commissioners. The bill allows for a continuing administration by this board, through appointment of the members of the first board for terms of three, five and seven years respectively, while all succeeding appointments, except in the filling of unexpired terms, are to be for 7-year terms. The first section also defines the duties of the board, and specifically states that members shall serve without compensation. Actual and necessary traveling expenses, however, may be paid. Section 2 authorizes appointment of parole officers and makes the necessary provisions as to salaries and expenses.

Section 3 requires judges and justices of the District courts, in sentencing convicted felons, to sentence the person for a maximum period, not exceeding the legal maximum, and for a minimum period not exceeding one-fifth of the legal maximum. After having served the minimum sentence, the prisoner becomes eligible for parole. The section does not affect the imposition of the death penalty or life imprisonment, but does state that a person sentenced to life imprisonment shall be eligible to parole after having served 15 years. Section 4 authorizes the board to release prisoners on parole, subject to the customary restrictions.

Section 5 prescribes the procedure to be followed in apprehending a prisoner who has violated his parole, while section 6 outlines the board's duties in the cases of prisoners returned to confinement after parole violations.

Section 7 repeals provisions of existing law inconsistent with the proposed act. The section provides also that felonies committed before enactment of this bill shall be punished in accordance with existing law.

Section 8 contains provisions for penalizing escaping prisoners and persons assisting such escape. A maximum sentence of five years is provided. In the case of a person arrested after his escape from prison the sentence would begin on expiration of the original sentence. Section 9 orders the transfer of the Federal Parole Board's jurisdiction over District prisoners to the proposed board, upon appointment of the local board's membership. As amended, the section allows the board to operate in the case of prisoners convicted, prior to enactment of this bill, of felonies and of misdemeanors where the aggregate sentence exceeds one year. Such prisoners are to be eligible for parole after serving at least one-fifth of their sentence.

INDORSEMENTS

The bill hereby reported was introduced at the request of the Washington Chamber of Commerce, following a study of the parole situation in the District.

The proposed legislation has been studied and approved also by the District Commissioners, the Bureau of the Budget, the Director

of the Bureau of Prisons of the Department of Justice, the United States Attorney for the District of Columbia, the National Committee on Prisons and Prison Labor, the General Federation of Women's Clubs, the District Federation of Women's Clubs, and the Women's City Club.

At a public hearing held by the committee, the legislation was indorsed also by the director of public welfare and the superintendent of penal institutions of the District of Columbia.

The committee knows of no opposition to the bill, and recommends the passage of the bill with the proposed amendments.

There are appended hereto as part of this report several reports and letters received from official and private sources in support of the proposed legislation.

COMMISSIONERS OF THE DISTRICT OF COLUMBIA,
Washington, March 22, 1932.

Hon. ARTHUR CAPPER,
Chairman Committee on the District of Columbia,

United States Senate, Washington, D. C. SIR: The Commissioners of the District of Columbia have the honor to submit the following on Senate bill 1155. Seventy-second Congress, first session, entitled "A bill to establish a board of indeterminate sentence and parole for the District of Columbia and to determine its functions, and for other purposes," which you referred to them for report as to the merits of the bill and the propriety of its

passage.

This bill was forwarded by the Commissioners to the Board of Public Welfare, and the corporation counsel for report, and it has also been brought to the attention of the Department of Justice. The corporation counsel has recommended certain amendments by letters dated March 1, 1932, and March 21, 1932, copies of which are herewith. In these amendments, consideration has also been given to certain amendments proposed by the Department of Justice through Mr. Sanford Bates, director of the bureau of prisons of that department. These amendments are satisfactory to the corporation counsel. The commissioners also wrote to the Director of the Bureau of the Budget for advice as to whether the proposed legislation was in accord with the financial program of the President. By letter dated March 17, 1932, copy herewith, he advised that it is in accord with the financial program of the President.

The commissioners recommend favorable action on the bill provided it is amended according to the suggestions of the corporation counsel.

Very truly yours,

L. H. REICHELDERFER,

President Board of Commissioners of the
District of Columbia.

MARCH 17, 1932.

Hon. LUTHER H. REICHELDERFER,

President Board of Commissioners, District of Columbia,

Washington, D. C.

MY DEAR DOCTOR REICHELDERFER: I have your letter of March 4, 1932, with reference to S. 1155, "A bill to establish a board of indeterminate sentence and parole for the District of Columbia and to determine its functions, and for other purposes."

You are advised that in so far as the financial program of the President is concerned, there is no objection to your proposed report on this bill.

I am inclosing for your information copy of a memorandum I have received with respect to this proposed legislation from Hon. Sanford Bates, Director of the Bureau of Prisons, Department of Justice.

Very truly yours,

J. CLAWSON ROOP, Director.

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