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SCHOOL BUILDING FOR ALABAMA AND COUSHATTA INDIANS, POLK COUNTY,

TEX.

The CHAIRMAN. The next item is:

For the education of the Alabama and Coushatta Indians located in Polk County, Tex., by the construction of a school building, including equipment, upon land belonging to said Indians, $191.60.

Mr. MERITT. The act of May 25, 1918-40 Stat., 586—appropriated $5,000 for a school building and equipment for these Indians. In 1919 traveling expenses amounting to $54.42 were incurred against this appropriation, and in June, 1921, a contract was entered into for construction, the consideration being $1,925. So far, we were within the appropriation, but when vouchers for advertising for bids came in it was found that they amounted to $212.18. The advertising bills were paid, but when voucher for final payment to the contractor was received there was not enough money left to pay it all, and $191.60 is still due. It would not be possible to avoid deficiencies of this kind without some definite information as to the cost of advertising.

The CHAIRMAN. Is all of this advertising?
Mr. MERITT. The advertising amounted to $212.18.
The CHAIRMAN. On the expenditure of $5,000?
Mr. MERITT. Yes, sir.
The CHAIRMAN. There was too much advertising in that case?
Mr. MERITT. I think so, too.
The CHAIRMAN. Is that bill audited ?
Mr. MERITT. Yes, sir.

FRIDAY, FEBRUARY 17, 1922.

GOVERNMENT IN THE TERRITORIES.

TERRITORY OF HAWAII.

COMPENSATION OF GOVERNOR, SECRETARY, AND PRIVATE SECRETARY TO GOVERNOR.

STATEMENT OF MR. W. B. ACKER, ASSISTANT ATTORNEY.

The CHAIRMAN. Did we pass a law to cover this item?

Mr. ACKER. Yes, sir. That act was passed and is what is known as the Hawaiian Homes Commission bill. It became a law on July 9. 1921.

The CHAIRMAN. Is that the law in which Prince Kalanianaole was so much interested?

Mr. ACKER. Yes, sir; that was the one in which he was interested. Section 92 of that act provides :

That the following officers shall receive the following annual salaries, to be paid by the United States: The governor, $10,000; the secretary of the Territory, $5,400; the chief justice of the supreme court of the Territory, $7,500): the associate judges of the supreme court, $7,000 each; the judges of the circuit courts, $6,000 each; the United States district attorney, $5,000; the l'nitel States marshal, $5,000. The governor shall receive annually from the United States, in addition to his salary (1) the sum of $1,000 for stationery, postage.

[graphic]

Mr. ACKER. It was not submitted at the time of the first deficiency bill; no, sir. In submitting this estimate to the Budget officer the Acting Secretary said:

The difference between the amount appropriated and the salaries authorized has not been paid, so no deficiency exists. If, however, it be desired to carry the authorized increases into effect as of July 9, 1921, an additional approvriation will be necessary.

The CHAIRMAN. That is covered in this estimate?
Mr. ACKER. Yes, sir.

FRIDAY, FEBRUARY 17, 1922.

PATENT OFFICE.

STATEMENT OF MR. W. I. WYMAN, CHIEF CLERK.

PRINTING AND BINDING.

The CHAIRMAX. Please tell us about this item of $30,000 for printing and binding?

Mr. WYMAN. The first item is for binding, pure and simple, due to an accumulation of records.

The CHAIRMAX. Do you call this a deficiency?

Mr. WYMAX. We can not get it in any other way. We have always gotten this money under allotment from the Department of the Interior; never, however, sufficient to take care of our needs.

The Chairman. You want us to give you something now. Will you get this work done if you have the money?

Mr. WYMAN. Yes, sir: we could.

The CHAIRMAN. How do you know you could get the work done if you had the money between now and the 1st of July?

Mr. Wymax. I can not say. That is why we put in that item which makes it continuous, because we had that situation come up last year; we got $15,000 allotment from the Interior Department and we could use only about one-half.

The CHAIRMAX. This is not all for binding?
Mr. W'YMAN. Yes; it is all for binding.
The CHAIRMAX. For binding what!

Mr. W'YMAN. Foreign patents and periodicals. We recently got 200,000 patents from Germany which were held up during the war.

The CHAIRMAX. Do you call it a deficiency?
Mr. WYMAN. That is the only way we could get it.
The Chairman. You probably will not get it this way.
Mr. WYMAN: I would not know any other way to estimate.

The CHAIRMAN. Do you think it is wise to spend a lot of money just now when everybody is trying to get enough to buy food?

Mr. WAYMAX. The expenses of the Patent Office are paid for hy the people who utilize the service.

The CHAIRMAN. That does not make any difference. It all belongs to the United States. If we do not pay it out for this purpose it goes to the relief of the taxpayers.

Mr. WYMAN. I understand the situation.

The ('HAIRMAN. What you want to do is to get all that comes in and take it out?

Mr. Wymax. No, sir; we want to give service to the public who are paying for the use of it.

The CHAIRMAN. Is that the only argument you have?

Mr. WYMAN. The need for it, that is all; its urgency, as shown in the following excerpt from a letter to the Secretary of the Interior, making the request for appropriation:

This office has just received about 60,000 numbers of German patents from the German Government, covering a period of issues from January 1, 1916, to a recent date. All previous numbers of such patents, as well as those received from other foreign Governments, are kept in bound volumes in the scientific library of this office for consultation by inventors, manufacturers, and patent attorneys. These bound volumes comprise the only complete record in this country of the “ state of the art as developed abroad ; that is, a record of the advance in machinery and industry. These volumes are used constantly and to a large extent. They are of highly utilitarian character, and without these records it would be necessary for manufacturers and industries to send abroad for the vital information contained therein. The receipt of these copies, therefore, makes it immediately essential that they should be bound.

The other item I took up with Mr. Cramton-I do not know whether he made a report to you or not--with regard to the issue of patents and the printing of specifications and the Official Gazette. There is a case where we are obliged by law to print these specifications and the Gazette. It is all preceded by the payment of a specific fee of $20. That is not included in here.

The CHAIRMAN. That is in the other item?

Mr. WYMAN. That is pure guesswork. The reason we put that in was that if the demand comes we would have money for it. We do not know what the demand will be, and we can not use it except for that specific purpose. So, if we can not use it, the money is turned back to the Treasury.

The CHAIRMAN. It is all appropriated in the meantime?
Mr. WYMAN. Yes, sir.
The Chairman. You have other appropriations?

Mr. WYMAN. We are running neck and neck. Last year we spent $645,000, and this year only $585,000 is provided. The situation is aptly summed up in the transmission of the estimate from the Acting Secretary of the Interior to the Budget Bureau, in the following words:

As stated in the accompanying copy of a letter of the Commissioner of Patents, of the appropriation of $585,000 for this printing, there has been expended for the first six months in the present fiscal year $284,000, and the estimated obligations for the month of January, 1922, is $56,000, or a total for the seven months of the present fiscal year of $340,000 ; that the output of patents is estimated to run for the five remaining months of the present fiscal year at a rate of 10 per cent greater than up to the present time. The patent issues of February 7 and 14, the numbers of which are approximately known, will average about 780 an issue, which is more than 10 per cent above the average issues of the seven months previous thereto.

On this basis for the five months period beginning February 1, there would be required $268,000, which added to the sum of $310,000 expended for liabilities incurred up to February 1, and $7,000 for indices, will make the total required under this appropriation for the year $615,000, the difference between which and the present appropriation of $.585,000 is $30,000, which it is desired to have provided for as a deficiency.

91019-22 -13

WEDNESDAY, FEBRUARY 15, 1922.

DEPARTMENT OF JUSTICE.

STATEMENT OF MR. DAVID D. CALDWELL, SPECIAL ASSISTANT

TO THE ATTORNEY GENERAL.

PAYMENT OF WITNESSES, ETC., WASHINGTON MARKET CO.

The CHAIRMAN. You are asking that

Not to exceed $5,000 of the appropriation of $53,000 made in section 6 of the act approved March 4, 1921, entitled “An act to repeal and annul certain parts of the charter and lease granted and made to the Washington Market. ('o. by the act entitled 'An act to incorporate the Washington Market ('o.' approved May 28, 1870,” in addition to the sum not in excess of $3,500 provided for the same purpose by the act approved December 1.), 1921 (Public No. 399, 66th ('ong. ), is made available to enable the Attorney General to compensate expert witnesses and pay necessary expenses incident to the duties imposed upon him by section 7 of the said act approved March 4, 1921.

We have already authorized $3,500.
Mr. CaldwELL. Yes, sir.
The CHAIRMAX. And you want $5,000 more?

Mr. CALDWELL. Yes, sir; in addition to the $3,500. When I asked for and you allowed that $3,500 the case had just barely gotten under way; since then it has been terminated. The market company went into its case with considerable detail; it took them 54 days to put in their case; I do not mean they took testimony on each one of those days, but it ran from December 12 up to a week ago last Friday.

The CHAIRMAN. You want $8,500 instead of $3,500?
Mr. CALDWELL. Yes, sir.
The CHAIRMAN. Out of the $35,000?
Mr. CALDWELL. Yes, sir.
The CHAIRMAN. Tell us why you need that additional amount.

Mr. CALDWELL. The extending of the time for the taking of the testimony--that is, the extending of the time taken by the market company to put in its case--necessitated our having at our elbows the experts we had employed to advise us. They were technical men.

The CHAIRMAN. You had to have them for a longer period?
Mr. CALDWELL. Yes, sir.
Mr. Byrxs. What do you have to pay expert witnesses?

Mr. CALDWELL. In no case are we paying more than $50, and we pay no more than that in this case.

The CHAIRMAX. That is for their actual time?

Mr. CALDWELL. Not only for their actual time in the courtroom but their time in preparing the case. The Attorney General made an order forbidding us to pay more than $50 except on his order, and we have not had to go to him in this case for more than that amount.

The C'HAIRMAX. How many expert witnesses did you have in connection with this case?

Mr. CALDWELL. We have had seren witnesses who appeared on the stand; and, then, we have had other men who were not brought in as witnesses but who helped on the work.

The C'HAIRMAN. These men were builders?
Mr. CALDWELL. They are refrigeration experts.

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