Thompson

The plaintiff in error was convicted on two counts of an indictment charging him with the violation of the act of Congress of June 25, 1910 ( 36 Stat. 825 , c. 395 [U. S. Comp. St. Supp. 1911, p. 1343]), commonly known as the “White Slave Traffic Act.” He was sentenced to be imprisoned in the penitentiary for the term of one year on the first count, and for a term of six months on the second count, the term of imprisonment on the second count to commence at the expiration of the term of imprisonment on the first count.

It is contended that the court below had no authority to direct that the terms of imprisonment be served in a penitentiary. The act under which the plaintiff in error was convicted declares the offense with which he is charged to be a felony, and provides that one guilty thereof shall, upon conviction, be punished by a fine not exceeding $5,000 or by imprisonment of not more than five years, or by both such fine and imprisonment. Section 5541 of the Revised Statutes (U. S. Comp. St. 1901, p. 3721), provides that:

In the case of In re Mills, 135 U. S. 263 , 10 Sup. Ct. 762, 34 L. Ed. 107 , the crimes committed by the petitioner were not declared to be felonies. The…