the last sentence of the section, which constitutes the only addition or change in the existing law.

Attention is called to the fact that a fine is a civil judgment and collectible as such and that a discharge of the defendant from imprisonment for nonpayment of the fine does not liquidate the fine. The fine still remains as a civil judgment. This has always been the ruling of the Department of Justice, which has been accepted by the courts (United States v. Pratt, 23 F. (2d) 333).

A judgment entered in a court of the United States is a lien on real estate belonging to the debtor and located in that district. The Department of Justice has a unit known as the Bond and Spirits Division, one of whose functions is to check on outstanding fines, and to endeavor to collect them. If assets are discovered out of which a fine can be paid, appropriate steps are taken to collect the money.

It should be noted, however, that a judgment is not a lien against real estate located in a district other than that in which it was rendered. This is likewise true of a fine. If real property belonging to the debtor is discovered in another State, then a judgment has to be obtained in such other State and recorded therein.

Existing law will be changed by section 4 as follows:

SEC. 5296. When a poor convict, sentenced by any court of the United States to be imprisoned and pay a fine, or fine and costs, or to pay a fine, or fine and costs, has been confined in prison thirty days, solely for the nonpayment of such fine, or fine and costs, such convict may make application in writing to any commissioner of the United States court in the district where he is imprisoned setting forth his inability to pay such fine, or fine and costs, and after notice to the district attorney of the United States, who may appear, offer evidence, and be heard, the commissioner shall proceed to hear and determine the matter. If on examination it shall appear to him that such convict is unable to pay such fine, or fine and costs, and that he has not any property exceeding $20 in value, except such as is by law exempt from being taken on execution for debt, the commissioner shall administer to him the following oath: "I do solemnly swear that I have not any property, real or personal, to the amount of $20, except such as is by law exempt from being taken on civil process for debt by the laws of (naming the State where oath is administered); and that I have no property in any way conveyed or concealed, or in any way disposed of, for my future use or benefit. So help me God.' Upon taking such oath such convict shall be discharged; and the commissioner shall give to the keeper of the jail a certificate setting forth the facts. In case the convict is found by the commissioner to possess property valued at an amount in excess of said exemption, nevertheless, if the Attorney General finds that the retention by such convict of all of such property is reasonably necessary for his support or that of his family, such convict shall be released without further imprisonment solely for the nonpayment of such fine, or fine and costs; or if he finds that the retention by such convict of any part of such property is reasonably necessary for his support or that of his family, such convict shall be released without further imprisonment solely for nonpayment of such fine or fine and costs upon payment on account of his fine and costs, of that portion of his property in excess of the amount found to be reasonably necessary for his support or that of his family.

Section 5 provides for the amendment of the act of May 14, 1930, by adding a new section designed to confer on the officers and employees of the Bureau of Prisons of the Department of Justice the power to make arrests without warrant in cases of escape and for violations of statutes which make it a criminal offense to aid or abet an escape, to procure an escape, or to conceal an escaped prisoner. This section would also confer legal authority on officers and employees of the Bureau of Prisons to carry firearms, under such rules and regulations as the Attorney General may prescribe. The desirability of this provision is to avoid possible conflict with State laws prohibiting or regulating the possession of firearms.

The first sentence of this section would confer on officers and employees of the Bureau of Prisons of the Department of Justice no greater powers than are possessed by any police officer in respect to arrests. Moreover, this authority is to be limited only to violations of the law against escapes and is not to be extended to all violations of law.

It is highly desirable that such power be granted, because even if a warrant is obtained and outstanding against a particular individual the warrant itself may be in the possession of an officer located in one place, while the person who is being sought after may be found at a far distant point, and it may be necessary to take him immediately, without a warrant. Under existing law this can be done by any lawenforcement officer, and the present section would do no more than confer such authority on prison officers in case of escapes.

The text of the new section is as follows:

"SEC. 12. Officers and employees of the Bureau of Prisons of the Department of Justice are empowered to make arrests without warrant for violations of any of the provisions of sections 9, 10, and 11, of this Act, if the person making the arrest has reasonable grounds to believe that the person so arrested is guilty of such offense, and if there is likelihood of the person escaping before a warrant can be obtained for his arrest. If the person so arrested is a fugitive from custody, he shall be returned to custody, and all other persons so arrested shall immediately be taken before a committing officer. Officers and employees of the said Bureau of Prisons are authorized and empowered to carry firearms under such rules and regulations as the Attorney General may prescribe.

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76TH CONGRESS 3d Session

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SENATE

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REPORT No. 1855

TRANSPORTATION AND SUBSISTENCE EXPENSES FOR EMPLOYEES OF ALASKA ROAD COMMISSION

JUNE 14 (legislative day, MAY 28), 1940.-Ordered to be printed

Mr. TYDINGS, from the Committee on Territories and Insular Affairs, submitted the following

REPORT

[To accompany S. 3795]

The Committee on Territories and Insular Affairs, to whom was referred the bill (S. 3795) to authorize the transportation of employees of the Alaska Road Commission and to validate payments made for that and other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The enactment of this bill was requested in a letter from the Secretary of the Interior to the President of the Senate. The bill also has the approval of the Delegate from Alaska.

The purposes of the bill are explained in the letter from the Secretary of the Interior, which is as follows:

The PRESIDENT OF THE SENATE.

DEPARTMENT OF THE INTERIOR,
Washington, April 11, 1940.

SIR: I enclose a draft of a proposed bill to authorize the transportation of employees of the Alaska Road Commission, and to validate payments made for that and other purposes, which I trust will receive favorable action of the Congress. This draft is submitted because of exceptions taken by the General Accounting Office to procedures which the Alaska Road Commission has followed for a number of years and which are necessary for the work of the Commission because of the conditions under which it operates. For the most part, construction projects and maintenance work of the Commission are in sparsely settled areas of the Territory. It is necessary, therefore to secure laborers from towns removed from the projects and to transport them to posts of duty. When the work is finished, t is likewise necessary to return them to the towns where they were hired. The distance is often 100 miles or more. In some instances the men are transported by plane, by rail, and by steamer, but more generally by freight and dump-truck equipment of the Alaska Road Commission. Although this procedure has been followed for many years, we are informed by the General Accounting Office that it is without authority of law.

It has been the practice to furnish subsistence and lodging to foremen hired by the Alaska Road Commission in addition to their regular salaries. The General Accounting Office has called our attention to the fact that such procedure is contrary to the provisions of section 70, title 5, of the United States Code. This

practice has been followed because of the difficulty involved in setting a suitable wage scale which would allow for a proper deduction for subsistence and lodging for foremen while in the road camps. However, in view of the objections of the General Accounting Office to this procedure, an increase in salary will be granted to the supervisory personnel concerned and suitable deductions made therefrom on necessary pay-roll forms which will be approximately equal to the amount of the salary increase granted.

The General Accounting Office has taken exceptions to vouchers in the accounts of paying officers pending legal authority for the practices. It is believed that the wording of the bill as presented will permit the Alaska Road Commission to continue furnishing transportation for employees and will legalize payments previously made for this purpose as well as the amounts paid for subsistence and lodging in accordance with the procedure previously followed.

The Director of the Bureau of the Budget informs me that there is no objection to the presentation of this proposed legislation.

Sincerely yours,

JUNE 15 (legislative day, May 28), 1940.-Ordered to be printed

Mr. HARRISON, from the Committee on Finance, submitted the

following

REPORT

To accompany H. R. 10039]

The Committee on Finance, to whom was referred the bill (H. R. 10039) to provide for the expenses of national preparedness by raising revenue and issuing bonds, to provide a method for paying for such bonds, and for other purposes, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass.

Your committee concurs in the provisions of the House bill with the following changes:

(1) All increases on tobacco and tobacco products under the House bill have been eliminated. Your committee is of the opinion that the tax on tobacco and tobacco products is already very high and that any increase in this tax would have a tendency to injure the tobacco farmer and decrease the consumption of tobacco products. Under the committee amendment the rates of existing law now applicable to snuff, snuff flour, manufactured tobacco, cigars, cigarettes, and cigarette papers are continued.

(2) Under existing law packages and books containing 25 papers or less are exempt from the tax on cigarette papers. Your committee believes that this exemption should be continued for the reason that its elimination would result in considerably curtailing the consumption of smoking tobacco. The committee amendment, therefore, restores this exemption, which had been eliminated in the House bill.

(3) The provisions of the House bill affecting distilled spirits, wines, and fermented malt liquors were agreed to with the following exceptions:

(a) The House bill did not increase the tax on rectified spirits. Your committee believes that some increase should be made in this tax. Accordingly, the rate has been increased from 30 cents on each proof gallon to 40 cents on each proof gallon. A corresponding floorstocks tax of 10 cents is imposed on account of the increased rate.