§ 1630. to designate to which prisons convicts to be com mitted. The Attorney General shall be authorized to designate to which of said prisons [i. e. the Federal prisons provided by the act5] persons convicted in such States or Territories [i. e. those under the jurisdiction of the Federal Department of Justice] shall be carried for confinement. Part of § 9, act March 3, 1891, c. 529, 26 Stat. 840, U. S. Comp. Stat. 1901, p. 3728. The remainder of this section of the act of 1891 is quoted in a note to a preceding section, and other portions of the act are embodied in other sections of this Code.7 § 1631. may transfer prisoners elsewhere to Federal peniten tiary. The Attorney General is authorized to transfer, in his discretion, to said United States penitentiary at Atlanta, Georgia, such persons now undergoing sentences of confinement, imposed by the United States courts, in other institutions, as can conveniently be accommodated therein. Part of § 1, act of March 3, 1901, c. 853, 31 Stat. 1115, U. S. Comp. Stat. 1901, p. 3731. The above is from one of the appropriation acts of 1901. § 1632. Employment of prisoners in Federal prisons. The act of 1891 authorizing the erection of three Federal prisons provided for workshops for the convicts therein and that they be employed "exclusively in the manufacture of such supplies for the government as can be manufactured without the use of machinery," and further that the "prisoners shall not be worked outside the prison enclosure." The act appropriating the military prison at Fort Leavenworth as a penitentiary contained a somewhat similar provision.10 The act of 1896 for the erection of a new penitentiary at Fort Leavenworth provided for workshops therein and for the employment of convicts in its construction.11 A pro 5 Ante, § 1628. 6 Ante, § 1623. 7 Ante, §§ 1610, 1627, 1628, 1629. 9 Act March 3, 1891, c. 529, § 2, 26 Stat. 839, U. S. Comp. Stat. 1901, p. 3726. 10 Act March 2, 1895, c. 189, § 1, 28 Stat. 957, U. S. Comp. Stat. 1901, p. 3728. 11 Act June 10, 1896, c. 400, 29 Stat. 380, U. S. Comp. Stat. 1901. p. 3729. viso in an appropriation act of 1901 provided that convicts in the Federal prison at Atlanta might be employed "in the manufacture of articles and the production of supplies for said penitentiary; in the manufacture of supplies for the government that can be manufactured without the use of machinery; in the construction, extension and repairs of buildings and inclosures of the prison, and in making necessary materials therefor; and in the cultivation and care of the prison grounds and farm."12 Author's section. 12 Act March 3, 1901, c. 853, § 1, 31 Stat. 1185, U. S. Comp. Stat. 1901, p. 3731. CHAPTER 50. EXTRADITION. § 1642. Extradition of fugitives from the justice of a foreign country. § 1643. Extradition cases to be heard publicly. § 1644. § 1645. Depositions and other papers as evidence at hearing. § 1646. § 1647. Summoning and pay of witnesses of indigent defendants. § 1648. § 1649. § 1650. Person committed to be deported within two months or dis- Statutory provisions only operative while extradition treaty exists. § 1651. § 1652. § 1653. agent receiving such persons to have powers of marshal. § 1654. § 1656. § 1657. Interstate extradition. § 1655. Penalty for resisting agent of demanding State. § 1660. Fees and costs of foreign extradition, how payable. § 1642. Extradition of fugitives from the justice of a foreign country. Whenever there is a treaty or convention for extradition[a]-[c] between the government of the United States and any foreign government, any justice of the Supreme Court, circuit judge, district judge, commissioner, authorized so to do by any of the courts of the United States, or judge of a court of record of general jurisdiction of any State, may, upon complaint made under oath, charging any person found within the limits of any State, district, or Territory, with having committed within the jurisdiction of any such foreign government any of the crimes provided for by such treaty or convention, issue his warrant for the apprehension of the person so charged, [el that he may be brought before such justice, judge, or commissioner, to the end that the evidence of criminality may be heard and considered.[]-[h] If, on such hearing, he deems the evidence sufficient to sustain the charges under the provisions of the proper treaty or convention, he shall certify the same, together with a copy of all the testimony taken before him, to the Secretary of State, that a warrant may issue upon the requisition of the proper authorities of such foreign government, for the surrender of such person, according to the stipulations of the treaty or convention; and he shall issue his warrant for the commitment of the person so charged to the proper jail, there to remain until such surrender shall be made:- Provided, That whenever any foreign country or territory, or any part thereof, is occupied by or under the control of the United States, any person who shall violate, or who has violated, the criminal laws in force therein, by the commission of any of the following offenses, namely: Murder and assault with intent to commit murder; counterfeiting or altering money, or uttering or bringing into circulation counterfeit or altered money; counterfeiting certificates or coupons of public indebtedness, bank notes, or other instruments of public credit, and the utterance or circulation of the same; forgery or altering, and uttering what is forged or altered; embezzlement or criminal malversation of the public funds, committed by public officers, employees, or depositaries; larceny or embezlement of an amount not less than one hundred dollars in value; robbery; burglar, defined to be the breaking and entering by nighttime into the house of another person with intent to commit a felony therein; and the act of breaking and entering the house or bulding of another, whether in the day or nighttime, with the intent to commit a felony therein; the act of entering, or of breaking and entering the offices of the government and public authorities, or the offices of banks, baning houses, savings banks, trust companies, insurance or other companies, with the intent to commit a felony therein; perjury or the subornation of perjury; rape; arson; piracy by the law of nations; murder, assault with intent to kill, and manslaughter, committed on the high seas, on board a ship owned by or in control of citizens or residents of such foreign country or territory and not under the flag of the United States, or of some other government; malicious destruction of or attempt to destroy railways, trams, vessels, bridges, dwellings, public edifices, or other buildings, when the act endangers human life, and who shall depart or flee, or who has departed or fled, from justice therein to the United States, any Territory thereof or to the District of Columbia, shall, when found therein, be liable to arrest and detention by the authorities of the United States, and on the written request or requisition of the military governor or other chief executive officer in control of such foreign country or territory shall be returned and surrendered as hereinafter provided to such authorities for trial under the laws in force in the place where such offense was committed. All the provisions of sections fifty-two hundred and seventy to fifty-two hundred and seventy-seven of this title,1 so far as applicable, shall govern proceedings authorized by this proviso: Provided further, That such proceedings shall be had before a judge of the courts of the United States only, who shall hold such person on evidence establishing probable cause that he is guilty of the offense charged: And provided further, That no return or surrender shall be made of any person charged with the commission of any offense of a political nature. If so held such person shall be returned and surrendered to the authorities in control of such foreign country or territory on the order of the Secretary of State of the United States, and such authorities shall secure to such a person a fair and impartial trial. R. S. § 5270, as amended in 1901, U. S. Comp. Stat. 1901, [a] History of provision and cross-references. p. 3591. The amendment of 1900 consisted in the addition of the three provisos respecting crimes in foreign territory occupied by or under the control of the United States.2 The first part of the section is from an act of 1848.3 The Revised Statutes provide elsewhere for the removal of offenders against the United Statutes who are arrested in any district other than that where the offense was committed to the district where the offense was committed.4 The section applies to treaties passed subsequently to its enactment as well as those existing at the time of its enactment.5 Where the terms of the particular treaty admit of such construction, all crimes, whether committed anterior to the adoption of the treaty or not, are included in its operation. [b] Extradition in general. Extradition is the surrender by one nation to another of an individual |