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Ist Session

No. 802

APPOINTMENT AND PROMOTION OF SUBSTITUTES IN

THE POSTAL SERVICE

APRIL 26, 1935.-Committed to the Committee of the Whole House on the state

of the Union and ordered to be printed

Mr. ROMJUE, from the Committee on the Post Office and Post Roads,

submitted the following

REPORT

[To accoinpany H. R. 7688]

The Committee on the Post Office and Post Roads, having had under consideration the bill (H. R. 7688) to provide for the appointment and promotion of substitute postal employees, and for other purposes, reports the same back to the House with the following amendment:

After the word "position” in line 10, page 2, add the following sentence:

With respect to advancement to the grade of senior substitute, time elapsed prior to the enactment of this act may be counted, but no back pay shall be allowed in connection with such advancement for any service prior to the enactment of this

act.

So amended, the committee recommends that the bill do pass. The bill has three principal objectives: (1) to give experienced substitutes in the Postal Service a higher rate of pay than the inexperienced substitutes receive; (2) to grant substitutes sick and annual leave; and (3) to establish fixed ratios between the number of substitutes and the number of regular employees.

Under the bill substitutes will be promoted to the grade of senior substitute after 1 year from date of appointment and receive a 10percent increase in salary. The bill further provides that all substitute service, including tin.e served as special-delivery messenger, shall be counted in determining the proper grade to which a substitute shall be advanced when appointed a regular employee, and any fractional part of a year's service shall be included within his service as a regular employee in determining eligibility for promotion to the next higher grade following appointment to a regular position.

Section 2 of the bill provides annual and sick leaves with pay for all substitutes in the Postal Service.

Section 3 of the bill establishes a ratio of 1 substitute to 7 regular employees in any post office, and a ratio of 1 substitute to 10 regular railway postal clerks in the Railway Mail Service. This provision, however, shall not operate to furlough or dismiss any regular employee or substitute now carried on the rolls of the Post Office Department.

ESCAPE FROM CUSTODY PRIOR TO CONVICTION

APRIL 26, 1935.-Committed to the Committee of the Whole House on the state

of the Union and ordered to be printed

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

following

REPORT

[To accompany H. R. 3430)

The Committee on the Judiciary, to whom was referred the bill (H. R. 3430) to amend the act approved May 14, 1930, entitled "An act to reorganize the administration of Federal prisons; to authorize the Attorney General to contract for the care of United States prisoners; to establish Federal jails; and for other purposes", after consideration report the same to the House with an amendment, with the recommendation that the bill as amended do pass.

The committee amendment follows:

Page 2, line 6, after the word "offense” at the end of the line place a period, strike out all of line 7 and line 8 through the word “years" and the period, and in lieu thereof insert the following: If the custody or confinement is by virtue of an arrest on a charge of felony, or conviction of any offense whatsoever, the offense of escaping or attempting to escape therefrom shall constitute a felony and any person convicted thereof shall be punished by imprisonment for not more than five years or by a fine of not more than $5,000, or both; and if the custody or confinement is by virtue of an arrest or charge of or for a misdemeanor, and prior to conviction, the offense of escaping

a or attempting to escape therefrom shall constitute a misdemeanor and any person convicted thereof shall be punished by imprisonment for not more than one year or by a fine of not more than $1,000, or both.

The purpose of H. R. 3430 is to make escape or attempted escape from custody under lawful arrest before conviction a criminal offense.

a Under existing law escape after conviction constitutes an offense, but there is no provision with reference to escapes prior to conviction.

As amended and reported by the committee, this bill provides that escape or attempted escape prior to conviction shall constitute a felony in case the custody is on a charge of felony. In such case the penalty is imprisonment for not more than 5 years or a fine of not more than $5,000, or both, in addition to any sentence imposed for the offense for which arrest was made in the first instance. In the event

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the charge upon which the custody is founded is a misdemeanor only,

a the escape or attempted escape will constitute a misdemeanor, punishable by imprisonment for not more than one year or fine of not more than $1,000, or both. Escape or attempted escape after conviction remains as in present law a felony in any event.

There follows a communication from the Attorney General to the Chairman of the Committee on the Judiciary in support of this proposed legislation:

DEPARTMENT OF JUSTICE,

Washington, D. C., December 18, 1934.
Hon. HATTON W. SUMNERS,
Chairman Committee on the Judiciary,

House of Representatives, Washington, D. C.
MY DEAR MR. CHAIRMAN: I enclose a draft of a bill making it a criminal
offense for a person to escape while in custody on a Federal charge.

Under the existing law, escape after conviction is a criminal offense. I feel that prisoners who are held in lawful custody, even before conviction, should likewise be subject to punishment if they escape or attempt to escape. In a number of States such escapes are punishable offenses. Î, therefore, shall be glad if you will introduce the enclosed bill and lend your support to its enactment.

For your convenience a draft of the proposed bill is enclosed, in which the suggested new language is shown by underscoring and the language of existing law proposed to be eliminated is stricken through. There is also enclosed a copy of an office memorandum referring to existing Federal statutes on the general subject of escape and also State statutes similar in effect to the bill presented herewith. Sincerely yours,

HOMER CUMMINGS,

Attorney General. In compliance with clause 2a of rule XIII existing law is printed below in roman, with matter proposed to be omitted in black brackets, and new matter proposed to be inserted in italics:

Any person [properly] committed to the custody of the Attorney General or his authorized representative or who is confined in any penal or correctional institution pursuant to the direction of the Attorney General, or who is in custody by virtue of any process issued under the laws of the United States by any court, judge, or commissioner, or who is in custody of an officer of the United_States pursuant to lawful arrest who escapes or attempts to escape [therefrom] from such custody or institution shall be guilty of an offense [and upon apprehension and conviction of any suchi offense in any United States court shall be punished by imprisonment for no more than five years, such sentence to begin upon the expiration of or upon legal release from the sentence for which said person was originally confined]. If the custody or confinement is by virtue of an arrest on a charge of felony, or conviction of any offense whatsoever, the offense of escaping of attempting to escape therefrom shall constitute a felony and any person convicted thereof shall be punished by imprisonment for not more than five years or by a fine of not more than $5,000, or both; and if the custody or confinement is by virtue of an arrest or charge of or for a misdemeanor, and prior to conviction, the offense of escaping or attempting to escape therefrom shall constitute a misdemeanor and any person convicted thereof shall be punished by imprisonment for not more than one year or by a fine of not more than $1,000, or both. The sentence imposed hereunder shall be in addition to and independent of any sentence imposed in the case in connection with which such person is held in custody at the time of such escape or attempt to escape. If such person be under sentence at the time of such offense, the sentence imposed hereunder shall begin upon the expiration of, or upon legal release from, any sentence under which such person is held at the time of such escape or attempt to escape.

O

TO AUTHORIZE THE CREDITING OF SERVICE RENDERED BY PERSONNEL (ACTIVE AND RETIRED) SUBSEQUENTLY TO JUNE 30, 1932, IN THE COMPUTATION OF THEIR ACTIVE OR RETIRED PAY AFTER JUNE 30, 1935

APRIL 29, 1935.-Committed to the Committee of the Whole House on the

state of the Union and ordered to be printed

Mr. DARDEN, from the Committee on Naval Affairs, submitted the

following

REPORT

[To accompany H. R. 6512]

The Committee on Naval Affairs of the House of Representatives, to whom was referred the bill (H. R. 6512) to authorize the crediting of service rendered by personnel (active or retired) subsequently to June 30, 1932, in the computation of their active or retired pay after June 30, 1935, having considered the same, report it to the House with the recommendation that it do pass.

The purpose of the bill is to credit the personnel of the services whose compensation is fixed by the Pay Adjustment Act of 1922 with service rendered during the fiscal years 1933, 1934, and 1935 for the purpose of computing their pay after June 30, 1935.

The Pay Adjustment Act of 1922 establishes the rate of pay for the personnel of the Navy, Marine Corps, Army, Coast Guard, Coast and Geodetic Survey, and the Public Health Service. The rates of pay are fixed in six periods for officers below the rank of brigadier general in the Army and Marine Corps and rear admiral in the Navy, ranging from $1,500 to $4,000 per annum. Officers advance in pay periods as the results of length of service or promotion. In addition, the Pay Adjustment Act provides for an increase of 5 percent of the base pay of the period for each 3 years of service up to 30 years.

Section 201 of the act of June 30, 1932, as continued in force up to and including the fiscal year 1935 suspended longevity increases for the fiscal years 1933, 1934, and 1935. Pay-period advancements were suspended during the fiscal years 1933 and 1934, and because of the wording of the economy laws and the interpretations of the Comptroller General the service rendered by officers during these 3 years

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