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Mr. STEWART. We can do that. We can send it to you personally.
The CHAIRMAN. 'Yes; and I will put it in the record. I want to see it. As far as I am concerned, I am not in favor of these deficiencies at all. I am not in favor of permitting the departments to go on indiscriminately creating deficiencies. There are some things in your department where you can not avoid it, and where you can not control it, but there is not anything in this item that is peculiar.
MEMORANDUM RELATIVE TO CONDITION OF CONTINGENT FUND, DEPARTMENT OF JI'STICE, MISCELLANEOUS ITEMS, 1922,
FEBRUARY 20, 1922. The following statement show's payments of $2,466.93 and $12.366.13, respectively, for “Light and power” and “ Telegraph and telephone service, etc." These payments cover expenses incurred during the first six months only of the current fiscal year.
The expenses for the above-mentioned services covering the period from January 1 to June 30, 1922, will amount to approximately $15,000, while it will be noted that there is at present an available balance of only $12,961.98.
It appears, therefore, that if it were possible to continue until the close of the fiscal year without any additional expense whatever, the balance available, as above stated, is insufficient to meet the cost of light, power and cominunication service alone.
Statement of the condition of the contingent fund, miscellaneous items, 1922. Appropriated.
Other items ---- ------- $12, 083. 00
50.50 Addressograph plates
16. 79 Express charges ---
2. 36 Repairs to boilers-
66. 56 Plumbing ------
280.00 Plumbing supplies----
35, 95 Hardware supplies -----
472.93 Labor, moving files.-
833. 50 Drayage ----------
86. 29 Books of reference and
other publications ---- 794, 35 Miscellaneous repair work
86. 48 Repairs to typewriting
and adding machines. 1, 313. 93 Clocks and repairing clocks---------------
130. 50 Rubber stamps
678. 96 Glass -------
92, 53 Soap and soap powders.
269, 03 Cleaning equipment-dust
cloths, brushes ------- 179. 88
947. 35 47.00
24. 40 127.00
26. 25 30,00
6. 01 13. 68 5.32. 12 70. 50 65. 00 40.00
Mr. HARRIS. The increased business in the courts makes a corresponding increase in telephoning and telegraphing and calls for increased expenditures.
Mr. STEWART. Our estimate for this appropriation for 1922 was $60,000. We only got $40,000.
Mr. KENNARD. We find it very difficult to go backward in the face of increasing business. The two things are hard to manage together, In 1921 we used $54,000 and we have more business to transact on $40,000 than we had on $54,000. It is very difficult to curtail expenses when we have more work.
Mr. STEWART. We have made a conscientious effort to get through with this appropriation. We have to conduct the business as it comes in; we are obliged to.
54,000 10,4 wo thinicult to go be
THURSDAY, FEBRUARY 16, 1922.
MISCELLANEOUS OBJECTS, DEPARTMENT OF JUSTICE. STATEMENT OF MR. W. W. HOPPIN, ASSISTANT ATTORNEY
CONDUCT OF CUSTOMS CASES.
The CHAIRMAN. You are asking for $3,100 in addition to what has already been appropriated! Mr. HOPPIN. Yes, sir. The CHAIRMAN. Please tell us why you want it?
Mr. HOPPIN. Mr. Chairman, during the war, as you know, the business of the customs division was at a very low ebb, due to the lack of imports. The business has been showing a progressive increase. For instance, in the fiscal year ending June 30, 1920, the number of protests was 2,416, and in the fiscal year ending June 30. 1921, the number of protests was 4,863, about 100 per cent increase.
Thé CHAIRMAN. What effect does the number of protests have on the cost?
Mr. Hoppin. It means, of course, that each one of those protests has to be tried and the papers have to be examined and gone over. even though the protest in itself does not mean that there will be a trial of that protest,.but with such a large increase it means that the actual number of cases coming to trial will show a very large increase.
The CHAIRMAN. What is this $3,100 for? Mr. HOPPIN. The larger part of it is for an additional attorney and an additional stenographer.
'The CHAIRMAN. You think it is necessary to have those men! Mr. HOPPIN. Yes, sir; I do.
The CHAIRMAN. For the next four months, or can you wait until the 1st of July and put them on then?
Mr. HOPPIN. No; I consider that it is absolutely essential for the proper conduct of the customs cases that we have these additional men now.
The CHAIRMAN. Two men-two employees?
Mr. HOPPIN. Yes, sir; some of the attorneys who have resigned did a large part of their own stenographic work. I consider that is false economy from the Government's standpoint, because if men, instead of attending to the legal business for which they are paid, typewrite briefs and memoranda and various things, that takes an immense amount of time, certainly.
The C'HAIRMAN. Were these two places estimated for in the annual bill? This is a deficiency bill. Were they estimated for 1923 ?
Mr. HOPPIN. Yes, sir; and very much more, in view of the new tariff; of course, we can not tell
The CHAIRMAN (interposing). The new tariff? That has not passed yet, except the emergency tariff. We do not want to start accumulating expenses on account of something that has not passed.
Mr. Harris. This item is not for that. In the bill for 1923 the new tariff bill is taken into consideration. There was an estimate of $74,000 for this year, of which $65,000 was appropriated. Mr. Hoppin. Shall I detail the work, Mr. Chairman? The CHAIRMAX. Yes, sir; I wish you would.
Mr. HOPPIN. I have some samples just to show you the amount of work that has to be done by the attorneys on the docket. We have three boards. There is the average · docket for one board alone. Every one of those cases has to be gone into by the attorneys. I have other dockets here.
The CHAIRMAN. Of course, one man does not do all of this? Mr. Hoppin. We have another examiner in the office. The work is divided into classification and reappraisement. We have a chief of the classification division and a chief of the reappraisement division, and then I have a man in charge of each one of these boards. They are held responsible for all of these cases, and, of course, they are responsible.
The CHAIRMAX. They are attorneys, all of them? Mr. HOPPIN. Yes, sir. They are working at night, on the averageI have had three or four attorneys down there until 8 or 9 o'clock every night for the last six weeks. They are working just as hard as they can under high pressure all the time. In addition to that, we have out-of-town calendars which have to be attended to from our office. We have one man going West now who will be a way from the office six weeks. We have another man going South who will be away for three weeks, and another man who is going to the Middle West who will probably be away four weeks; that is, three men out of the office at the same time. Those calendars, of course, have to be attended to and properly prepared. We have, due to the new rules of the board, to send the men to those cities in order to prepare these calendars a longer time before the action takes place than before.
The CHAIRMAX. What kind of an attorney can you get for $3,500 a year?
Mr. HOPPIN. That has been one of the difficulties of the situation. We lost one of the best men we ever had in the Customs Service, a man who had been there 20 years, because we could not increase his salary $1,000.
The CHAIRMAX. Men in all lines of business move from one place to another, and as they grow in experience somebody else wants them
and they want to go. It is better sometimes, possibly, to get somebody in their place.
Mr. HOPPIN. I would say that the men are working full time; they are giving more than their full time to the Government, and they are doing their very best.
The CHAIRMAN. You think it is essential to have these two places? Mr. HOPPIN. Yes, sir; I do.
MARSHALS, DISTRICT ATTORNEYS, CLERKS, AND OTHER EXPENSES OF
UNITED STATES COURTS.
The CHAIRMAN. The next item is, “ Marshals, district attorneys. clerks, and other expenses of United States courts." Please tell us why you want to strike out the language “including $200,000 for assistant attorneys to enforce the national prohibition act, and including not to exceed $30,000 for clerical help for such assistants." Mr. HARRIS. That is a reprint of the text of the appropriation.
The CHAIRMAN. It does not mean that you want to increase the amount? Mr. HARRIS. No, sir. The CHAIRMAN. It simply means that you do not want it again? Mr. HARRIS. Yes, sir.
The CHAIRMAN. What is the meaning of the language, “ such counsel shall not be required to take oath of office in accordance with section 366, Revised Statutes of the United States?”
Mr. HARRIS. That means that they do not have to take the oath of allegiance.
The CHAIRMAX. They are not Americans ? Mr. HARRIS. No, sir. They are employed in Canada and at the present time in France.
The CHAIRMAN. “$300,000, to be available for expenditure in the District of Columbia." Tell us why you want that?
Mr. Harris. The total appropriation for this year is $600,000. Up to date that is the amount appropriated. We expended up to the close of business on the 15th, yesterday, $359,184.79.
The CHAIRMAN. That leaves you still more than the pro rata for the rest of the year?
Mr. HARRIS. No. We have only paid the bills to January in part. The amounts disbursed cover less than one-half of the year. We estimate that we will need a larger amount. As nearly as we can determine they will be paid, $521,446.64.
. NUMBER AND COMPENSATION OF SPECIAL ASSISTANT ATTORNEYS. The CHAIRMAN. The marshals? Mr. HARRIS. No. This is for all the special assistant attorneys That makes a total of $852,221.27.
The CHAIRMAX. What are they employed for?
Mr. HARRIS. They are employed to defend suits against the Gorernment and to prosecute cases in which the Government is the prosecutor.
The CHAIRMAN. How many are there? Mr. Harris. We have on the books the exact total, but I would say there were about 170. I can put in the actual number.
The CHAIRMAN. Give us the names and addresses of all those people, with the amounts they are receiving. Let the statement show
what each one is doing and what he is receiving. You have no right to ask us to appropriate a lot of money without giving us full information.
Mr. HARRIS. I can give you the number.
The CHAIRMAN. We want to get the facts. We want to know what they are getting and what they are doing.
Mr. Harris. I have a statement here, but it does not give the addresses.
The CHAIRMAN. We could get along without the addresses. We want the names and amounts that they are being paid.
Mr. BYRNS. Are all these people employed here in the District of Columbia ? Mr. Harris. No, sir; they are all over the United States. The CHAIRMAN. How long have they been employed ? Mr. HARRIS. Most of them within the last year, but, of course, they take the places of other attorneys.
The CHAIRMAN. How many more do you have now than there were before?
Mr. HARRIS. The number is a little less than what we had this time last year.
The CHAIRMAN. Then why do you need more money? Mr. KENNARD. Last year we spent $1,000,000, and this is less than we had last year.
The CHAIRMAN. This statement may go in the record at this point. (The statement referred to is as follows:) Estimated expenditures from the appropriation “ Pay of special assistant attorneys, United States courts, 1922," from February 1 to close of June 30, 1922, as per statement attached, $521,444.64.
Itemized statement showing estimated erpenditures to cover salaries and
erpenses to close of business June 30, 1922, from the appropriation “Pay of special assistant attorneys, United States courts, 1922."
(Key: * Special a ssistant to the Attorney General; ** Special assistant to the U. S. attorney.)