« 이전계속 »
Statement showing the number of cases filed, disposed of, and remaining on docket,
at conclusion of October terms 1944, 1945, and 1946 (October term 1946 ending June 1947 corresponds to fiscal year 1947)—Continued
Mr. Justice BURTON. So far as the type of cases goes, at the moment we have more antitrust cases than we have had for a long time, each one of which is a long and difficult case on the facts as well as on the law.
Mr. STEFAN. How old are they?
Mr. Justice BURTON. I would not say the largest part, but they are the longest cases.
Mr. STEFAN. What about your outstanding cases there?
Mr. Justice BURTON. I think there are not more than about 40 or so ready to be heard, but they are constantly coming in and we will probably take until about June to clear the docket. We do
not adjourn until every case has been heard that is ready to be heard. We are pretty well up with the docket at the present time.
CARE OF SUPREME COURT BUILDING AND GROUNDS
AIR CONDITIONING OF GROUND FLOOR
Mr. STEFAN. Let us return to the air-conditioning item. How much money does that represent?
Mr. JUSTICE BURTON. That is Mr. Lynn's estimate, $110,000.
Mr. STEFAN. How many people are going to occupy those rooms, or are they already occupied ?
Mr. WAGGAMAN. Mr. Whitehurst's statement covers that matter. Mr. STEFAN. How long a statement is it?
Mr. WAGGAMAN. This is a letter of Mr. Whitehurst's and is set out on page 40 of the justification.
Mr. STEFAN. We will put that in the record at this point.
(The matter referred to is as follows:) The need for air conditioning the portions of the ground floor occupied by the Administrative Office of the United States Courts is explained in detail in the following letter received from the Director of that Office:
"DEAR MR. LYNN: When the United States Supreme Court Building was planned and constructed, the ground floor space was designed for storage and hence contained no air-conditioning facilities although the other three floors of the building are air-conditioned. Since the establishment of the Administrative Office of the United States Courts a large part of the east portion of the ground floor has been used for offices of the Administrative Office (which also has offices on the first and second floors). We write now to request the inclusion of an allotment in your fiscal year 1949 budget sufficient to provide air conditioning in the following rooms on the ground floor of the Supreme Court Building:
"Since at the time of construction, the ground-floor windows were located high on the walls in order to permit file cabinets to be placed under them, adequate natural ventilation cannot be effected. Moreover, the offices are necessarily crowded far beyond the usual occupancy standards.
"In the duplicating room considerable heat is generated by the machinery, particularly by the photostat dryer. Odors of chemicals used in multilith and photostatic work are present. Air conditioning would protect the health of the duplicating employees by removing obnoxious gases.
“The employees in the receiving room use as their working space an inside room with no windows. The heat generated by their labor is dissipated into the still air which becomes hotter and more humid. The health of the occupants of this room and of the other rooms listed would be protected by an airconditioning installation, for it would remove bacteria from the air and both health and equipment would be protected by removing foreign particles such as silica dust, lint, and soot. Stationery and forms in the stockroom are particularly damaged by dust.
"Most of the original rooms are divided by temporary partitions which further prevent any natural ventilation. The stale air in the divided rooms becomes iso hot and humid it is almost impossible to work in them. In fact, one feels the hot air as a blow in the face when he enters the rooms. It is simply impossible to change the air in these rooms three to five times an hour as is required by the minimum ventilation standards unless air conditioning is provided.
“Because the Government's fiscal year ends on June 30, there is during the summertime a peak load in the work handled by the individuals working in these offices. Also, they regularly receive quarterly and semiannual reports and requisitions which give rise to an increased load during the summer months. Upon the hottest summer months fall also the prolonged tasks of preparing the administrative office annual report and the judiciary's budget for the succeeding fiscal year. Numerous stencils must be cut, much material duplicated and, finally, assembled and stapled. Even when executive-department offices not having air-conditioning facilities are permitted to close for the good health of their employees the stress of this summer work load has necessitated the continued work of the individuals performing their official functions in the rooms listed above.
“The only possible means of alleviating these conditions has been the placing of electric fans in the corridors near the office doors in order to blow air from the corridors into the offices. This makeshift means of securing some relief has required the stringing of wires in the corridors. As a consequence employees and even guests have tripped over the wires and sometimes the fans themselves. As yet these unnecessary accidents have not resulted in serious injury. To continue this practice, however, can but increase occupational hazards which could be removed with the installation of an air-conditioning system.
"In addition to the accident hazard, the fans cause no inconsiderable amount of noise which, of course, has an unfavorable, though possibly unrealized, effect upon morale and hence upon output of work. A second important source of unnecessary noise is the windows which are necessarily permitted to remain open for the small amount of air' which they permit to enter. This noise too could be abated.
"Too, improving physical comfort by regulating the temperature and humidity and by reducing distracting noises would promote even more efficient accomplishment of the official duties of the staffs working in these several rooms. The relationship between satisfactory working conditions and quality and quantity of output need not be labored. For these several reasons then we wholeheartedly recommend the installation of air-conditioning facilities in the indicated rooms. “Sincerely yours,
"ELMORE WHITEHURST, Assistant Director." The break-down of the air-conditioning item is as follows: Cutting existing floors, walls, and ceilings, changes to existing conduits,
ducts, plumbing, and heating pipes to permit installation of new duct distribution systems and controls; patching, painting, and restoring building to original condition
$24, 000 Furnishing and installing air distribution duct work system.
17, 000 Alterations to existing piping and installation of new piping for chilled water, plumbing, and heating-
15, 000 Furnishing and installing new 150-ton refrigeration compressor and all related pumps and controls--
38,000 Furnishing and installing automatic controls for new air-conditioning system--
4,000 Furnishing and installing new transformers, feeders, wiring, and controls--
Mr. STEFAN. Do you have anything further, Mr. Justice Burton? Mr. Justice BURTON. No; I believe that covers everything. Mr. STEFAN. We should be very glad to hear from Mr. Justice Black at this time, if he should care to add to what has been said.
Mr. Justice BLACK. I think Mr. Justice Burton has covered the situation fully and I have nothing to add, unless the committee wishes to ask some questions that I may be able to answer.
ANTITRUST CASES UNDER PROPOSED ANTI-INFLATION PROGRAM
Mr. HORAN. I do not know whether this question is in order or not, but we on this committee have been wondering what the effect would be of any postponement of activities in the antitrust field to facilitate the war against inflation might have upon the work load in that field of litigation; whether it would eliminate it or whether the volume would remain about the same.
As I have said, I do not know whether that is a fair question to ask the members of the Supreme Court, and if it is not, I shall withdraw it.
Mr. Justice BLACK. I think that probably calls for a prophecy that the committee might better make than we.
Mr. STEFAN. I believe this is the reason my colleague asked that question. The Antitrust Division of the Department of Justice is asking for $850,000 additional for the coming fiscal year in order to push their antitrust activities. The suggestion has been made on the floor of the House and in some of the hearings before the Appropriations Committee that there may be a reduction in antitrust activities through a voluntary price-control program. You have been talking
about cases before the Supreme Court that are 5 or 10 years old, but the question is whether the proposed new program will affect the number of such cases coming before the Court. I think my colleague was perfectly in order in asking the question, because it might affect the appropriation for antitrust activities of the Department of Justice.
Mr. HORAN. I wondered if you could throw a little light on what the probable legal approach to the implementation of any such program designed to defeat inflation will be. I suppose we will have to have a clarification of any such activity that is designed to enable industry to get together with the end objective of forcing down prices. I suppose there will have to be some legal work connected with it. I was wondering what the impact would be both upon the Department of Justice and upon the activities of the United States Supreme Court during any such period. I recognize that it is a difficult question and one that probably requires some meditation before it is answered.
Mr. Justice BLACK. That would probably verge at least on questions of governmental policy which it might be advisable that we do not attempt to discuss.
Mr. HORAN. I had that in mind when I asked the question. We are going to have to get an answer of some sort before we mark up our bill.
Mr. Justice BLACK. That would be a question of policy and a matter of analysis of cases which come before courts of various kinds.
Mr. ŠTEFAN. Have you any questions, Mr. O'Brien?
Mr. O'BRIEN. In connection with this antitrust activity, I do not see what the Court would have to say about cases that the Department of Justice might initiate, until those cases got to the Court. It would not have any bearing on the appropriation.
Mr. HORAN. No; except that there has been some talk that we would not have to appropriate so much for the Antitrust Division if we took half of their work away from them.
Mr. O'BRIEN. The Justices cannot do anything about those cases until they get to the Court.
Mr. STEFAN. If there is nothing further, we thank all of you for coming before us today.
Mr. Justice BLACK. Thank you for your courtesy, Mr. Chairman. Mr. Justice BURTON. Thank you, gentlemen.
MONDAY, DECEMBER 15, 1947.
CARE OF UNITED STATES SUPREME COURT BUILDING AND GROUNDS
STATEMENTS OF DAVID LYNN, ARCHITECT OF THE CAPITOL; FRED
M. KRAMER, ARCHITECTURAL AND ENGINEERING ASSISTANT; AND CHARLES A. HENLOCK, ADMINISTRATIVE OFFICER
STATEMENT ON APPROPRIATIONS, 1948, AND ESTIMATES, 1949
Mr. STEFAN. We will take up the item for the care of the United State Supreme Court Building and grounds. Pages 26 and 27 of the justification will be inserted in the record at this point.
(The matter referred to is as follows:)
Statement Relating Appropriation Estimate to Current Appropriation-Care of
United States Supreme Court Building and Grounds 1947 appropriations (including supplementals).
$121, 231 1948 budget estimates (including amendments and recommended supplementals)
1948 appropriation in annual act--
Total appropriation for 1948_
$2, 131 1 additional CPC-6 engineer position.
2, 469 Increase in items of holiday pay $400) and night-work differential ($400)
800 Improvements and alterations to provide additional accommodations for lawyers_
3,000 Improvements and alterations to increase the Library capacity
75,000 Improvements and alterations, telephone exchange.
3, 500 Air conditioning ground floor, increasing capacity of re
frigeration plant, and other related improvements_-- 110,000 Replacement of 4 cooling and exhaust fans.
Mr. STEFAN. Mr. Lynn, you are here to justify the appropriation requested for this item which is set out on pages 26 and 27 of the justifications. The appropriation for 1948 is $122,800 and the amount requested for 1949 is $323,200. We shall be glad to hear your statement on this item at this time,
Mr. LYNN. The Architect of the Capitol has the structural and mechanical care of this building, occupied by the Court since its completion in 1935 and by the Administrative Office of the United States Courts since 1940; also the care of the grounds.
On page 28 of the justifications is to be found a request for restoration of language "special clothing for workmen." This was deleted from the 1948 appropriation through error and as the item provides for uniforms for the workmen, I request that it be restored.