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COPY OF ITEMIZED BILL TO E. J. GEBHART-continued
Drugs and medicines—Continued.

Citrocarbonate..
Ammoniated mercury ointment..

$0.40

. 50

411. 54

Surgical dressings:

Cotton, Y2 yard, at 10 cents---
Tongue depressers, 19 jars, at 10 cents.
Dressing trays, 70, at 25 cents..
W. D.'s, 82, at 5 cents.-
Cellurolls, 6, at 20 cents.
Intravenous set, 1, at 10 cents.
Double cellupads, 412, at 6 cents-
Plaster paris rolls, 4, at 15 cents.
Cellupads, 2,345, at 3 cents
Hypodermoclysisset, 1, at 50 cents.
Fluffs:

Jar of 36, 632, at 45 cents.

Jar of 24, 84, at 30 cents.
Swipes, 13 boxes, at 6 cents.
Tens, 10 packages, at 10 cents.
Pledgets, 80 jars, at 10 cents.
Gauze sponges, 148 jars, at 10 cents.
Vaseline gauze, 23 jars, at 15 cents.
Vaseline, 17 jars, at 10 cents..
Large cellurolls, 19, at 40 cents..

. 10 1. 90 17. 50 4. 10 1. 20

. 10 24. 70

60 70. 35

. 50

284. 40 25. 20

. 78 1. 00 8. 00 14. 80 3. 45 1. 70 7. 60

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HOUSE OF REPRESENTATIVES

REPORT

78TH CONGRESS

2d Session

{ NB. 1965

FURTHER DEFINING THE NUMBER AND DUTIES OF CRIERS AND BAILIFFS IN UNITED STATES COURTS AND REGULATING THEIR COMPENSATION

May 18, 1944.—Committed to the Committee of the Whole House on the state

of the Union and ordered to be printed

Mr. WALTER, from the Committee on the Judiciary, submitted the

following

REPORT
[To accompany H. R. 4065)

The Committee on the Judiciary, to whom was referred the bill (H. R. 4065) further defining the number and duties of criers and bailiffs in United States courts and regulating their compensation, having considered the same, report the bill favorably to the House with the recommendation that it do pass.

BACKGROUND AND EXPLANATION OF THE BILL

The bill was approved by the Judicial Conference of Senior Circuit Judges at its annual meeting in 1943 upon the report of a committeo of the conference consisting of United States Circuit Judge Albert B. Maris of the third circuit (chairman) and United States District Judges Alfred C. Coxe of the southern district of New York, John P. Barnes of the northern district of Illinois, John C. Bowen of the western district of Washington, and Elmer D. Davies of the middle district of Tennessee.

The following letter from the Director of the Administrative Office of the United States Courts, dated November 24, 1943, briefly summarizes the need for the legislation and explains the proposed measure: ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS,

Washington, D. C., November 24, 1943. Hon. Sam RayBURN,

Speaker of the House, Washington, D. C. MY DEAR MR. SPEAKER: In behalf of the Judicial Conference of Senior Circuit Judges, I herewith submit for the consideration of the House of Representatives a bill further defining the number and duties of criers and bailiffs in United States courts and regulating their compensation. The bill was approved by the Judicial Conference of Senior Circuit Judges at its annual meeting recently held in this

city upon the recommendation of a committee of the conference consisting of United States Circuit Judge Albert B. Maris of the third circuit, chairman, and United States District Judges Alfred C. Coxe of the southern district of New York, John P. Barnes of the northern district of Illinois, John C. Bowen of the western district of Washington, and Elmer D. Davies of the middle district of Tennessee. I would respectfully ask that the bill be introduced and I hope that in due course it may be enacted.

The reasons for the bill are set forth in the report of the committee attached, particularly pages 4-9. They are in brief these:

A district judge in order to work efficiently needs the assistance of an attendant who, when the judge is presiding in court, can administer the oath to witnesses, carry out the judge's directions in reference to matters arising during the proceedings, and generally maintain order in the courtroom. Equally, when the judge is at work in chambers either studying cases and preparing opinions or holding conferences, he needs an attendant to bring to him books and papers, to receive callers and arrange their appointments, and relieve the judge of mechanical and routine office details that would interfere with concentration upon his judicial work.

At present there is no satisfactory arrangement for service of this kind for district judges. Prior to 1932 many district judges were provided with a court crier and å messenger. There is still in the statutes provision for criers for district courts (28 U. S. C., secs. 9, 595), but in 1932 the appropriation for both court criers and messengers was cut off and no funds have been provided since then. The bailiff service that the district judges have is rendered in part by deputy marshals assigned by the marshals to that service, and in part by bailiffs appointed by the marshals in the different districts in those cases in which the marshal certifies that deputy marshals are unavailable (Departments of State, Justice, and Commerce Appropriation Act, 1944, title II). Under this act bailiffs whose compensation is at present at the rate of $5.75 per day can receive this per diem only on those days on which "the judge is present and presiding in court or present in chambers.”

There are three serious objections to the present system. First, the annual earnings of the bailiffs are inco ible with the useful and necessary service that they render and variable and uncertain. These earnings as stated are at the present rate of $5.75 per day multiplied by the number of days that the judge served is present in court or in chambers. When Sundays, the usual vacation period, and absences of the judge from his headquarters, to which the bailiff is confined, for service in other places are taken into account, it will be apparent that a bailiff on this basis can hardly hope to earn more than $1,500 in a year and in most districts his earnings fall much below that figure.

The present compensation of bailiffs is not only insufficient, it lacks stability and it puts pressure upon the judge to go to court or chambers without regard to the state of the business in order that the bailiff may draw his per diem. This is unbecoming to the court and inconsistent with the proper self-respect on the part of the bailiff. The latter should be assured of a moderate and dependable salary.

Second, district judges at present are deprived of the services of the bailiffs assigned to them whenever they hold court away from their headquarters. There is no provision for reimbursing bailiffs for their traveling expenses in attending the judges on such assignments. A judge comes to rely upon the bailiff who serves him. The relation between the bailiff and the judge is a confidential one. The judge needs to know that the bailiff to whom he looks to maintain order in the courtroom, to be in charge of his chambers, and to execute varied tasks connected with his work as judge, is someone on whom he can depend. Consequently, when he finds such a man he should be permitted to take him with him in his tours of duty.

Third, the bailiffs under the present system are appointed not by the judges whom they serve but by the marshals of the districts. It seems obvious that because of the close relation between the bailiff and the judge, the judge should have the power of appointment. Although the marshals in general have been considerate of the judges in their appointments, sometimes judges have not been able ot obtain bailiffs of the characteristics that they desired and needed. In any case the principle is wrong. The judge who is to be served, who will be directly affected by the satisfactory or unsatisfactory nature of the appointment, should have the power to make it.

The bill attached, if enacted, will remedy the difficulties of the present arrangements and attain the appropriate ends of a bailiff system. The bill does this by amending section 5 of the Judicial Code (28 U. S. Č. 9). It provides that each district judge may appoint a crier for his court who shall perform also the duties of bailiff and messenger; that he shall receive an annual salary of $1,800 per annum, and that he shall be reimbursed for his actual traveling expenses and subsistence at a per-diem rate not in excess of $6 a day when attending the judge away from the bailiff's headquarters on the business of the court. There are occasions, as in criminal trials and other trials largely attended by the public, when more than one court officer is necessary to maintain order in the courtroom. Likewise additional officers are frequently needed to take care of juries. The bill retains the present authorization for the employment of bailiff's on a per-diem basis for such duties, but reduces the maximum number authorized for any court from five to four. It increases their compensation 25 cents a day.

The present unsatisfactory conditions of the bailiff service in the Federal courts have been the subject of remonstrance from district judges all over the country. Improvement is urgently needed. The proposed bill will provide for it simply and reasonably. In the interest of the effectiveness of the Federal judicial system its enactment is urged. Yours very respectfully,

HENRY P. CHANDLER.

REPORT OF THE JUDICIAL CONFERENCE COMMITTEE ON BAILIFFS

To the Judicial Conference of Senior Circuit Judges:

Your committee appointed to consider the status, compensation, and method of appointment of bailiffs in the district courts and circuit courts of appeals has given full consideration to the subject referred to it. We have received communications and have had conferences with interested Federal judges and others upon the subject and have secured and analvzed relevant statistics. We are united in submitting the following recommendations:

RECOMMENDATIONS

1. That the position of court crier which is now authorized to be filled by appointment by the district courts be revived, and that one such crier be author. ized to be appointed by each district judge for his own court, which crier shall perform also the duties of bailiff therein and of messenger to the judge, at an annual salary of $1,800, together with traveling expenses when required to travel on court business.

2. That the position of temporary bailiff now appointed by the marhsal, when needed, be retained, but limited to not more than four such bailiffs for each district judge's court, each bailiff to be paid $6 per day, but only for actual attendance on days when the court is in session or the judge or a jury is present.

3. That the position of messenger to be appointed by each circuit judge desiring such assistance be revived, at an annual salary of $1,500.

PROPOSED LEGISLATION

The foregoing recommendations contemplate the following legislative action:

(a) The passage of an act amending section 5 of the Judicial Code and repealing section 715 of the Revised Statutes, as follows: "A BILL Further defining the number and duties of criers and bailiffs in United States courts and

regulating their compensation "SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5 of the Judicial Code be amended to read as follows:

‘Sec. 5. Each district judge may appoint a crier for his court, who shall perform also the duties of bailiff and messenger, and who shall receive a salary of $1,800 per annum and, when necessarily absent from his designated post of duty on the business of the court, his actual traveling expenses and in lieu of his actual expenses for subsistence a per diem allowance to be prescribed by the Director of the Administrative Office of the United States Courts at a rate not to exceed $6. The marshel for each district may appoint such a number of additional bailiffs,

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