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ment. In the time with'n which this statement must be prepared its impracticable to ascertain specifically in each case the cause of the delay in presentation and auditing of the bills. In many cases complete del very of all the books was not made until long after they were ordered, and in such cases the settlement of the entire b lI was necessarily delayed. In other cases, there was manifest delinquency on the part of the publishers in submitting their bills. Under existing law a bill against the Government must be audited on its mer ts, regardless of the delay, even though indefinitely extended, on the part of the claimant in submitting it. Very great difficulty is experienced in securing the prompt rendition of all bills, espec ally small bills, such as those herein listed.
Contingent expenses, Department of Justice, miscellaneous items, 1919, 38 cents: This is a bill for 38 cents in favor of the Western Union Telegraph Co., of Washington, D. C., covering tolls on messages transmitted during the month of July, 1918. No balance was carried to the surplus fund under this appropriation.
Books for judicial officers, 1917, $115: This covers a bill of Callaghan & Co. for the following books : Roso's Notes on United States Reports, revised edition, volumes 1 and 2; Crawford's Negotiable Instruments, one volume ; Shearman & Redfield's Negligence three volumes; Honnold's Workmen's Compensation, two olumes; Black's Rescission of Contracts and Cancellation of Written Instruments, two volumes; Morse on Banks and Banking, fifth edition, 1917. two volumes; Toyce on Insurance, fifth edition, 1917, five volumes; Kerr's Wharton's Criminal Law, three volumes; Bigelow's Law of Estoppel, sixth edition, one volume. (As per proposal to the clerk of the circuit court of appeals at New Orleans. Volumes 3 to 20 of Rose's Notes, to be furnished at $7.50 per volume less 18 per cent discount.)
These books were furnished for the circuit court of appeals at New Orleans, La., and were delivered to Frank H. Mortimer, clerk of said court. It is understood that the long delay in this case was due to the fact that complete delivery was not made until long after the order was given.
There was carried to the surplus fund in this appropriation on June 30, 1919, $1,614.29.
Books for judicial officers, 1918, $33.93.—This item covers three bills of Callaghan & Co., of Chicago, Ill., as follows:
1. For volume 7 of the Federal statutes, annotated, $6.68, shipped to Hon. W. F. Newman, United States district judge, at Atlanta, Ga.
2. Volume 9 of Rose's Notes United States Reports. $5.45, shipped to Hon. B. F. Bledsoe, United States district judge at Los Angeles, Calif.
3. Volumes 1 to 4, Rose's Notes United States Reports, at $5.45 per volume, also shipped to Hon. B. F. Bledsoe, United States district judge at Los Angeles, Calif.
There was carried to the surplus fund under this appropriation on June 30, 1920, $2,032.22.
Books for judicial officers, 1919, $20.50.-This item is composed of three bills as follows:
1. Bill of the West Publishing Co., of St. Paul, Minn., for volumes 169 and 170 of the Wisconsin Reports, $4.50, delivered to William Parkin, clerk of the United States Circuit Court of Appeals in New York City.
2. Bill of the West Publishing Co., of St. Paul, Minn., for Second Decennial Digest, 1907 to 1916, volume 15, $6, for the library of the United States Cir. cuit Court of Appeals at Ashville, N. C.
3. Bill of John Byrne & Co., of Washington, D. C., for volumes 163 and 164, English Reports, Reprint V, at $5 each, $10; furnished for the United States Circuit Court of Appeals at New Orleans, La.
There was carried to the surplus fund on June 30, 1921, under this appropriation, $1,493-23
Detection and prosecution of crimes, 1918, $1.66: This item covers a bill of the Western Union Telegraph Co. for tolls on messages pertaining to the official business of the Bureau of Investigation. There was carried to the surplus fund under this appropriation on June 30, 1920, $26,723.44.
Detection and prosecution of crimes, 1919, $8.75: This item covers two bills, as follows:
1. Bill of the Michigan State Telephone Co., Mount Clemens, Mich., for $2.75, for exchange service at Mount Clemens, office of the Bureau of Investigation, month of October. 1918.
2. Bill of the Michigan State Telephone Co., Detroit, Mich., for $6, for additional messages, the contract covering 100 messages per month, the additional messages being chargeable separately.
It is found upon investigation that the balance in this fund, instead of having been carried to the surplus fund in the usual manner, was withheld and may still be used. This item, amounting to $8.75, may therefore be omitted from the pending bill.
Traveling and miscellaneous expenses, Department of Justice, 1921, $188.24 : This item is made up of the following bills :
1. Bill of the Pennsylvania Railroad Co. for $79.88, for transportation furnished under various department orders between Columbus, Ohio, and Washington, D, C., to officials of the department.
2. Bil of the Baltimore & Ohio Railroad Co., amounting to $71.78, for transportation furnished under department orders between Washington, D. C., and Chicago, Ill., $27.75; Washington, D. C., to New York City, $8.14; Chicago, Ill., to Washington, D. C., $27.75; New York City to Washington, D. C., $8.14. This was for various officials of the department traveling on official business.
3. Bill of the Houston & Texas Central Railroad Co. for like transportation between Dallas, Tex., and New Orleans, La., $21.92.
4. Bill of the Chicago, Milwaukee & St. Paul Railroad Co., for similar transportation under department orders, $14.66.
There is now no balance in this appropriation to be carried to the surplus fund.
Salaries and expenses of clerks, United States district courts, 1920, $392.37 : This item represents certificate No. 34234, made by the general accounting office on account of balance due for salary of C. J. Ohnhaus, clerk of the United States district court for the district of Wyoming. There is now no available balance in this appropriation. Balances are not carried to the surplus fund for the fiscal year 1920, if any, until next June.
Fees of commissioners, United States courts, 1920: This represents settlement under certificates Nos. 34304 and 34322 for $17.05 and $57.65, respectively. When this item was submitted no money was available, but repayments have since been made sufficient to cover this item, and it may be omitted from the bill.
COURT OF CLAIMS.
REPAIRS TO HEATING PLANT.
The CHAIRMAN. The next item is, “ Court of Claims: Repairs to heating plant, $4,100."
Mr. Harris. Mr. Chairman, will you please pass that item? The chief clerk of the Court of Claims will have to testify on that and he is not here.
The CHAIRMAN. Very well.
SALARIES, FEES, AND EXPENSES OF UNITED STATES MARSHALS AND THEIR
The next item is," For salaries, fees, and expenses of United States marshals and their deputies,” etc., $140,000. Tell us about that item, please, how it occurs?
Mr. KENNARD. We think that we are making a very conservative and moderate request under this item, as we are not asking for any substantial increase over the appropriations for the fiscal year 1921, although we are confronted with rapidly increasing business.
The CHAIRMAN. You had an appropriation of $2,160,000 for the current fiscal year. What is the state of your appropriation now?
Mr. KENNARD. The balance in the Treasury is $1,275,923.
Mr. KENNARD. No, sir. It is advanced to United States marshals throughout the United States to be applied to expenses as they arise in the different judicial districts.
Mr. Sisson. In other words, this is one of the appropriations that you can not control; the judges allow these accounts?
Mr. KENNARD. The process of the court must be served as and when issued.
Mr. Sisson. It depends entirely upon the amount of business in the courts, and you can not control it?
The CHAIRMAN. Please tell us about the state of the appropriation, the average monthly expenditure up to the present, and how you reached the conclusion that you will need $140,000.
Mr. KENNARD. Mr. Chairman, we do not reach the conclusion by consideration of monthly expenditures. We reach the conclusion from our exact knowledge of the expenditures for 1921, coupled with the fact that the business of the courts has been rapidly increasing and will certainly be at least as great during the fiscal year 1922 as during the fiscal year 1921, and in all probability greater. Knowing the expenditures for 1921 in the various districts, we know about what they will be for the present year. Our monthly expenditures, even if we were able to tabulate them, would be of very little service, because in July and August most of the courts are in vacation, and much greater expense arises in the last half of the fiscal year than in the first half.
Mr. HARRIS. And also for the reason that this amount is disbursed by l'nited States marshals and their accounts are rendered quarterly.
The CHAIRMAX. How do you know that you will have a deficiency of that amount?
Mr. KENNARD. In this way: We have the annual pay roll for United States marshals and their deputies, which on September 30 was $1,402,870. There will be a few changes and perhaps lapses, so that the amount we estimate is $1,100,000 for the salaries of marshals and their deputies. It certainly will be no less than that and it may be more. We have estimated $10,000 for the fees of field deputies, that being the amount that we used in 1921; $770,000 for expense of travel and subsistence in the service of process
The CHAIRMAN (interposing). How does that compare with the expenditures for 1921 ?
Mr. KENNARD. We expended for that purpose in 1921, $768,000, in round numbers. For office expenses, such as telegraph, telephone, general communication service, and other incidental matters we est mate $120,000, having used for that purpose $118,000 in 1921. That makes a total of $2,300,000, which we will certainly need for the current year, and in all human probability we will have to come again later in the year and ask for more money. We have only included in this bill what was clearly and certainly needed. This estimate is not on any prospective contingency or guesswork basis.
If we should have strike disorders of any extent we would have to have more money accordingly. If the present rush of business continues at the existing rate of increase we certainly will require more money than we now request. The work of the marshals in the service of process is affected not only by l'nited States business but by private litigation as well. The cases pending at the opening of the fiscal year to which the United States was a party were 66,000. or 10,000 more than one year ago; the number of bankruptcy proceedings pending were 37,000, as against 29,000 a year ago; and the
private litigation in which the marshal must serve process, just as he does in United States cases, aggregated 38,000 cases, as against 32,000 cases a year ago. So that, as a whole, we had, at the opening of the year, 142,000 cases pending, as against 118,000 pending at the opening of the previous year. This increase did not take place all at once, but it came on gradually during the fiscal year 1921 and reached its peak, so far as that year is concerned, near the close of the year.
Mr. BYRNs. As I understand it, you do not apportion this appropriation, and it can not be apportioned.
Mr. KENNARD. We allot a certain amount for salaries.
Mr. BYRNS. But you do not allot anything like the full amount of it, and you still have quite a balance on hand that you spend as occasion arises in order to meet expenses as they occur.
You just stated that you probably would have to have another deficiency.
Mr. KENNARD. I think so, but can not tell at present what additional amount will be necessary.
Mr. Byrns. Why is it necessary to make an appropriation for this purpose now to meet what is necessarily speculative as to the cost ?
Mr. KENNARD. It is not necessary to make the appropriation now, but we were requested by the Bureau of the Budget
The CHAIRMAN (interposing). Nobody was requested by the Bureau of the Budget to do that. I saw the letter that was sent out by the director of the bureau, in which he said that the Appropriations Committee was going to consider a deficiency bill containing deficiencies that were to be sent up here, and that if there were any deficiencies that were proper to be estimated for, he would like to have the departments or those in charge to send them over to him with the proper evidence. Then he said he wanted it definitely understood that he was not inviting anybody to send in deficiencies.
Mr. KENNARD. I remember that language.
Mr. KENNARD. We understood that they wanted to determine as nearly as possible the expenses of the Government for the fiscal year 1922, and they wish to have them reported. As I understand it, they desired to have reported all certain and unavoidable deficiencies, but not any doubtful or uncertain ones.
Mr. Sissons. I think that has been practically the universal understanding on the part of the departments. They took that to mean that in making up this budget they wanted to know what the actual expenses were this year, and, of course, they could not ascertain them unless you sent in your deficiencies.
Mr. KENNARD. We tried to meet their request. If you wish to appropriate the money later it will be satisfactory to the department.
Mr. Sisson. If this special session of Congress had not been called you would have waited until December?
Mr. KENNARD. Yes, sir.
Mr. Sisson. Then, as a matter of fact, I think that this deficiency here need not be granted now.
Mr. KENNARD. It is not necessary now.
The CHAIRMAN. We would like to have you give your supporting facts for the deficiency, stating the reasons why we should make the appropriation now. Give us all the information you can about it.
Mr. KENNARD. I do not know of any further general information that could be given, but will be glad to give any specific information requested. I might submit the argument that was given to the Budget Bureau. I do not know of any more supporting data that would be of service. The case seems very clear.
The CHAIRMAN. Have you anything here that will give us any of the argument that you made there?
Mr. KENNARD. It may be that some of that is printed in the bill. I do not know just what they printed, but I think they printed a portion of our statement.
The CHAIRMAN. The long and short of it is that you think there is no doubt, based on past experience, that you will have to have the money?
Mr. KENNARD. We know it to a certainty.
SALARIES AND EXPENSES OF UNITED STATES ATTORNEYS AND THEIR REGU
The CHAIRMAN. For salaries of United States district attorneys and expenses of United States district attorneys and their regular assistants, etc., you are asking a deficiency of $100,000. Your current appropriation for this purpose is $800,000.
Mr. KENNARD. Yes, sir; but we expended in the previous year nearly $900,000.
The CHAIRMAN. $889,000.
Mr. KENNARD. You gave us $889,000 and we used about $870,000 of it.
The CHAIRMAN. Are there any more district attorneys now than then ?
Mr. KENNARD. No, sir; but there are more clerical assistants. There is one district attorney in Hawaii whose salary Congress increased $1,000; but there is no greater number of district attorneys.
The CHAIRMAN. Then, what makes the necessity for increased expenditures? Is it on account of the increased work in the courts?
Mr. KENNARD. We respectfully submit, so far as this deficiency is concerned, that we are not asking for any increased expenditure, but we are merely seeking to retain what we have.
The CHAIRMAX. You are asking for a deficiency?
Mr. KENNARD. Yes, sir; but nothing in the way of an increase over the previous year.
The CHAIRMAN. Is the increased business the basis of your argument?
Mr. KENNARD. Our business is increasing.
The CHAIRMAN. Let us find out something about it. Did you apportion this appropriation by quarters; and if you did apportion it, did you waive the apportionment?
Mr. KENNARD. No, sir; we make one allotment for salaries. We do not apportion this appropriation, but we simply make an allot