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Mr. HARRIS. One of them is a Western Union bill and the other is a Michigan State Telephone Co. bill. The one for $1.66 is the Western Union bill and the one for $2.75 and one for $6 are the Michigan Telephone Co.'s.
The CHAIRMAN. When was it ascertained that these were due?
The CHAIRMAN. Was there any balance turned back into the Treasury out of which these bills could have been paid if presented in time?
Mr. HARRIS. Yes, sir; both of these bills would have been paid if presented in time, either from that appropriation or the appropriation for the national security and defense for those years. turned back money into the Treasury with which they could have been paid.
TRAVELING AND MISCELLANEOUS EXPENSES.
The CHAIRMAN. The next item is “ Traveling and miscellaneous expenses," fiscal year 1921, $188.24. Be kind enough to tell us what that consists of.
Mr. HARRIS. Transportation, personal travel on the Pennsylvania Railroad, $79.88; the Baltimore & Ohio, $71.78; the Houston & Texas, $21.92; and one other bill, from the Chicago, Milwaukee & St. Paul, for $14.66.
The CHAIRMAN. In connection with what activities?
Mr. HARRIs. In connection with travel made by the attorneys of the department and the Attorney General.
The CHAIRMAN. Was the balance exhausted before these bills were rendered ?
Mr. HARRIS. Yes, sir.
The CHAIRMAN. There would have been no money to meet the obligations if rendered in time?
Mr. HARRIS. No, sir.
The CHAIRMAX. How does it happen that these bills for travel are not rendered by the men who do the traveling!
Mr. HARRIS. They exchange transportation requests for tickets, and then the railroads render the bills, because the Government always requires that transportation requests be used where possible.
The CHAIRMAN. Is transportation under those requests granted at a lower rate?
Mr. HARRIS. No, sir; the same rate. There is a lower rate for the Navy and the Army.
The CHAIRMAN. Would it not be possible under the amount of the appropriation every year to have a certain amount of reserve to cover any possible contingency?
Mr. HARRIS. We do that in every other case except this particular appropriation. It is the appropriation under which the Attorney General and the Assistant Attorneys General travel. Of course, we can not tell always what they will do, or when they go or return. Ordinarily we have enough to take care of that.
The CHAIRMAN. You have no jurisdiction over him?
FEDERAL COURT REPORTS AND DIGESTS.
The CHAIRMAN. The next item is on page 32, “Federal court reports and digests: For one complete set of Federal court reports and digests for the office of the United States attorney for the district of Nebraska, $616.” What is the necessity for that?
Mr. HARRIS. The United States attorney believes that he should be furnished with these reports and digests. They have never been furnished to his office. They have been furnished to the judge of the court, but not for the United States attorney alone. The condition in Omaha is very peculiar. The building covers one square block, and the attorney is on one extreme corner of the building and the judge's library in the other, and he has to walk two blocks to use the library in the judge's chambers.
The CHAIRMAN. Is he not allowed to take any of the reports?
Mr. Harris. Yes, sir; I suppose they have no objection, but he does not know at times just what reports he will need.
Mr. Sisson. That is not in the courtroom, but in briefing cases in his own office?
Mr. Harris. Yes, sire
The CHAIRMAN. Does this constitute an emergency sufficient to justify a deficiency appropriation ?
Mr. Harris. Yes; the business of the court is increasing.
The CHAIRMAN. I know; but there is not any emergency; it can be taken care of in the regular appropriation bill.
Mr. HARRIS. That will be pretty nearly a year later. This is something like a carpenter trying to build a house without a hammer and saw.
UNITED STATES COURTS.
FOR SALARIES OF DISTRICT JUDGES OF NORTH DAKOTA AND WEST VIRGINIA.
The CHAIRMAN. The next item is on page 33, “ District courts: For the salaries of the United States district judges for the districts of North Dakota and southern West Virginia, provided by the act approved June 25, 1921, at the rate of $7,500 per annum, $11,812.50." Those judges were appointed ?
Mr. KENNARD. One has been appointed and the other one is about to be appointed.
The CHAIRMAN. How did you get the period of time over which the $11,812.50 goes?
Mr. KENNARD. That covers the whole year for one judge, and it covers from November 1 for the other judge.
The CHAIRMAN. If he is not appointed yet it will not cover him from November 1 ?
Mr. KENNARD. No, sir.
Mr. KENNARD. The appropriation is available.
The CHAIRMAX. We want him to get paid from the day he is confirmed.
Mr. Harris. He can not be paid beyond that.
Mr. KENNARD. There is nothing to prevent us from paying both of these judges. The appropriation is available for the payment of any judge who is legally appointed and assumes duties, but of course it is liable to be insufficient unless we supplement the fund.
The CHAIRMAN. Do not let us consider it, if that is all there is to it, if there is an appropriation available.
Mr. HARRIS. It is not available for the entire year.
The CHAIRMAN. You have technically an appropriation of $742,500 for 99 district judges, at $7,500 each?
Mr. KENNARD. Yes, sir. The CHAIRMAN. And the appropriation is available for the salaries of all United States judges for tħe fiscal year 1922. There may be some vacancies by death or other causes?
Mr. KENNARD. There are such vacancies occasionally.
The CHAIRMAN. If that is true, you have sufficient funds to pay these gentlemen.
Mr. KENNARD. Congress added the provision making the appropriation generally available in order to enable us to avoid having to ask judges to wait for their salaries after assuming duty.
The CHAIRMAN. Let us figure this. You have $742,500 for all of them. How much have you now?
Mr. KENNARD. We did not bring the balance in that appropriation.
The CHAIRMAN. There will be enough funds caused by the vacancies to pay these two judges?
Mr. KENNARD. There might be, but it is not probable.
The CHAIRMAN. Be kind enough, when you get back to your office, to get the figures of how much has been expended and how much has been saved for various reasons.
Mr. KENNARD. For 1921 ? The CHAIRMAX. This is 1922. Mr. KENNARD. It would be a little difficult to get that for 1922. We can tell the amount for 1921 with precision. If it is the desire of this committee to have this deferred until the close of the year, when we will know whether there will be sufficient money through vacancies, it will be satisfactory to the department.
Mr. HARRIs. They must get their salaries.
STATEMENT RELATIVE TO SALARIES OF TWO ADDITIONAL DISTRICT JUDGES.
The appropriation for salaries, district judges, fiscal year 1921 was $735,000, of which $727,587.50 was used, leaving only a surplus of $7.412.50 on account of lapses and vacancies.
For the present fiscal year there is but one vacancy, in the southern district of New York, which has existed since October 5, 1921, and will probably be filled at an early date. There is also a brief lapse in connection with the death of Judge Aldrich, of New Hampshire, who died on September 15, 1921, a successor having been confirmed on October 25, 1921.
It is clear from the foregoing that there is nothing in conditions as existing at the present time to justify withholding the appropriation for the additional
judges provided by law, it not being probable that there will be a sufficient surplus to provide for these salaries.
DISTRICT COURT, TERRITORY OF HAWAII.
FOR COMPENSATION OF REPORTER.
The (HAIRMAN. The next item is, “ District court, Territory of Hawaii: For compensation of reporter from July 9, 1921, to June 30, 1922, both dates inclusive, at the rate of $3,000 per annum, in addition to the amount heretofore appropriated, $1,760." Please tell us about this item ?
Mr. HARRIS. That arises from the Hawaiian Homes Commission Act.
Mr. KENXARD. Which increased the salary of the reporter from $1,200 to $3,000.
The CHAIRMAN. That is a deficiency?
Mr. Harris. Congress provided for the position and fixed the salary.
SUPREME COURT, TERRITORY OF HAWAII.
FOR. COMPENSATION OF CHIEF JUSTICE AND ASSOCIATE JUSTICES.
The CHAIRMAN. The next item is, “ Supreme Court, Territory of Hawaii: For compensation of chief justice, at the rate of $7,500 per annum, and of two associate justices, at the rate of $7,000 per annum each, for the period from July 9, 1921, to June 30, 1922, both dates inclusive, in addition to the amounts heretofore appropriated, $4,400.01.” That is due to an act of Congress; it is the same thing!
Mr. KENNARD. Yes, sir.
I might state with reference to the constitutional district judges that it has long been the custom of the department to come before the committee with an item for the salary of each new judge.
The CHAIRMAN. If you have secured the money in the past, what is the use of coming here! There is no use to appropriate money twice for the payment of the same bill.
Mr. KENNARD. We can handle it the other way; if that is the wish of the committee, very well.
The CHAIRMAN. That is the way we will handle it.
BOOKS FOR JUDICIAL OFFICERS.
The next item is, “ Books for Judicial Officers: For purchase and rebinding of law books, including the exchange thereof, for United States judges, district attorneys, and other judicial officers, including the nine libraries of the United States circuit court of appeals. etc.—those are items for 1917, 1918, and 1919. Will you be kind enough to explain those items of $115, $33.93, and $20.50, and tell us at the same time whether you would have had money enough to
have paid these obligations out of the annual appropriations if they had been submitted in time?
Mr. KENNARD. Perhaps Mr. Sherwood can tell us.
Mr. KENNARD. These are the amounts of claims which came in long after the close of the year, for which there is now no money available. There was sufficient money for their settlement if they had come in before it was carried to the surplus fund.
The CHAIRMAN. Are they legitimate claims?
Mr. KENNARD. Yes, sir. There is nothing peculiar about the claims, except that they were delayed in presentation. The 1917 claim is a bill of Callaghan & Co. for law books.
The CHAIRMAN. Where were the books used?
Mr. KENNARD. They were purchased in Chicago, Ill., and were probably used where purchased.
The CHAIRMAN. How does it happen that they did not get the bills in for four years?
Mr. KENNARD. These bills have been audited, the books were ordered by competent authority, and the money is legally due to the respective claimants.
The CHAIRMAN. Please give us the facts. The mere statement that they were ordered by competent authority is very well, but that does not furnish a statement of the facts. Tell us who they were for and who ordered them.
Mr. GALLIVAN. And where used.
Mr. Wood. You come down here every year and ask us for an appropriation for law books. We allow the amount asked and sometimes cut it. When it is not allowed you buy the books anyway?
Mr. KENNARD. No, sir.
Mr. Byrns. I should like to ask whether or not there was at least this amount of money turned back into the Treasury or whether the department exceeded the appropriation in question?
Mr. KENNARD. In some of these cases there was a balance turned into the Treasury.
Mr. Byens. In each case ?
Mr. KENNARD. No; in some cases a real but dimunitive defficiency arose, not in any attempt to increase the appropriation, but simply by overlooking outstanding liabilities.
The CHAIRMAN. The amount is very small, but, of course, the principle involved is the same, whether one cent or a million dollars.
Mr. KENNARD. Heretofore these bills have been certified by the several auditors of the Treasury Department.
The CHAIRMAN. Will you be kind enough to state for the record, when you get the facts, what the facts are in connection with these three items,
Mr. KENNARD. We will do so. The information now in hand is, however, more than we have been permitted heretofore to insert in the record.
NOVEMBER 10, 1921.
DETAILED INFORMATION RELATIVE TO CERTAIN AUDITED CLAIMS FOR FISCAL YEARS
PRIOR TO THE CURRENT YEAR.
The following list specifies the nature of certain bills pending settlement, which have been audite:1 and allowed as lawful claims against the Govern