The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1897-01-18
FEDERAL PRISONS :
BILL HELD BACK
Probable That No Action Will Be Taken
This Congress.
WHAT CAUSES THE DELAY
Different Interpretation of the Meas
ure by Two Government Branches.
Of Interest at Mcpherson.

Washington, January 14-(Special-)-The
outlook for a federal prison in the SOUTH
which at one time seemed very bright is
gloomy. at least. far as any possibility
of action before the next congress con-
venes.
This is due to difference of opinion which
has existed between two branches of the
government as to what was necessary to
bring about the establishment of this
southern prison and another which was
provided for in the same act with this one.
To understand the question clearly it is
necessary to refer to the legislation on the
subject.
At the second session of the hfty-frst
congress. which sat in 1891. bill was passed
providing for the establishment of three
prisons for federal prisoners. the prisons to
be under federal control one of these was
TO be in the south. one in the north, or
what we call the middle west. and the other
west of the Rocky mountains.
The Law That Was Passed.
To understand the exact meaning Of this
act ii is necessary here to quote a portion
OF it's text The part here quoted Is tnat
portion which provides how the prisons
shall be established. The other parts of the
act refer only to the management OF the
prisons after they had been established
Here is the portion OF the act referred TO:
BE II enacted etc. That the attorney
general and secretary OF the interior DC,
and are hereby, authorized and directed 10
purchase three sites, two or Whlch shth
be located as follows: one north, the ON
or south of the thirty-ninth degree OF north
latitude and east of the Rocky mountains
the third site to be located west OF the
Rock mountains. and the same to be locat-
ed geographically as TO be most easy OF
access to the different portions of the coun-
try. and cause to be erected thereon sulta-
BILE buildings for the confinement or an
persons convicted OF any crime whose
term of Imprisonment Is one year or more
at hard labor by any court of the United
States IN any state, territory or dl9lrlcS
under the Jurisdiction Of the department or
Justice OF the United States and the plans
specifications and estimates ot such sites
and buildings shall be previously made and
approved according to law. and shall not
exceed the sum of $500 600 each.
Sec 2 That the sum of 100000 Is fur
Their appropriated 10 be expended under the
direction OF the attorney general In the
fitting of workshops for the employ Ineht
of the prisoners.
.'Sec That the attorney general and
the secretary of the interior be. and are
hereby, authorized to select the state, dis
rrict and territory in which To 10
cate and erect the prisons; provided
that the consent of the authorities OF such
state district or territory be first OBJ
tanned"
The Point of Disagreement.
The accomplishment of the end aimed
ut by this act fell down between the IN
terDretation which the secretary or the
interior gave II and that which the ap-
preparations committee of the house placed
on its language. Members of the house
who had secured its passage believed that
IL plainly authorized the attorney general
and the sccraEary or the interior 10 20
ahead select the sites and submit cstl-
mates 10 congress. so that the necessary
appropriations for the prison could be
made The secretary and attorney gen
eral as I understood It. took the other END
OF the proposition and held that they
could not so ahead until some appropiie-
tlon was made The idea OF the members
OF congress was. as some OF them ltNe
Cxnlained il to me, that no pretnl!iidty
AUTHORIZATION was necessary, h4t thdL
within their salaries and as q part OF
the duties OF the office, these Two "iHcl'ils
should prepare the way for the necessary
RECOMMENDATIONS which would be made when
there was something 10 act upon
An Appropriation That Failed.
In order. therefore, to meet the idea OF
the secretary of the Interior and attorney
general and to start the machinery in mo-
ton. Congressman Livingston introduced
AT the last session a resolution appropil-
ating 100000 for the preliminary work
When this resolution came before the
house committee ON appropriations tle
vote was tie. The deciding vote was
east fin the negative BY Mr.. Mccall OF
Tennessee who came in just IN Tune 10
vote against the resolution. lie dlu H. t9
he explained later, because he believed that
IN view OF Mr.. Livngston's activity IN
the matter. taken in connection with the
fact that Secretary Smith resided in At
lanta, the bill was really in the interest OF
Atlanta and he voted against it for that
reason. believing that At some other time
Nashville might have q chance to secure
the prison 1t IS interesting to note here
that Mr.. Mccall did this risht in the face
of the fact that Colonel Livingston has
aided him in preparing the Nashville e%-