Ex parte Shores

Citations

• 195 F. 627
• 1912 U.S. Dist. LEXIS 1664

Syllabus

<p>1. Prisons (§ 2*)—'Use by the United States or State Prisons or County Jaies.</p> <p>The several states may refuse io allow the use of their jails ami prisons for the commitment of persons convicted in federal courts, and, where they do so, the United States may not lawfully commit persons to such jails.</p> <p>[Ed. Note.--For other cases, see Prisons, Cent. Dig. § 3; Dec. Dig. § 2.*]</p> <p>2. Prisons (§ 2*)—Use by the United States of State Prisons or County Jaiís.</p> <p>Tinder Resolution Cong. Sept. 23, 1789, 1 .Stat. 96, and Rev. St. g§ 5536-5538 (U. S. Comp. St. 1901, p. 3739), requesting the states to adopt laws requiring the keepers of their jails to receive therein federal prisoners, and providing for the care of federal prisoners, and Code Iowa 1897, §§ 5637, 5676, providing that county jails shall he used as prisons for the commitment of federal prisoners, the county jails in Iowa are jails of the United Slates for the commitment of federal prisoners, and, though the sheriffs as keepers of such jails are not officers of the United States, they are keepers for the United States of federal prisoners committed, to such jails, and are subject to punishment for contempt for disobedience of orders of commitment.</p> <p>[Ed. Note.—For other cases, see Prisons, Cent. Dig. § 3; Dec. Dig. § 2.*]</p> <p>S. Escape (§ 3*)—Owenses—Persons Utabbe.</p> <p>At common law, it was a misdemeanor for a sheriff having lawful charge of a prisoner to voluntarily or negligently permit him to depart from Ms custody, however short a time the departure might' be.</p> <p>[Ed. Note.—-For other cases, see Escape, Cent. Dig. §§ 2, 4; Dec. Dig. § 3.*]</p> <p>4. Escape (§ 3*)—Offenses—Persons Liaisue.</p> <p>A sheriff in charge of a comity jail in Iowa who permits a federal prisoner legally sentenced to the jail to go at large from time to time violates Rev. 8t. § 5109 (II. 8. Comp. St. 190.1, p. 3658), and Code Iowa 3.897, § 4891 et seq., punishing escape®, an “escape” being defined to