NATURE OF APPEALS AND REVIEWS

The Third Circuit Court of Appeals reviews cases coming from five United States district courts, New Jersey, Delaware, and the three districts of Pennsylvania, and the various boards and administrative agencies whose orders are subject to review by the court.

Over a period of 5 years (1939-43) about 69 percent of all cases commended in the Third Circuit Court of Appeals were appeals from the district courts within the circuit. The remaining 31 percent of the business consisted of petitions to review the order of governmental boards and administrative agencies. In 1943 it rose to 35 percent (table 5). Only one other circuit, the second, had a greater number of administrative reviews to decide. There were 24 cases from the National Labor Relations Board to the third circuit court and 91 from The Tax Court of the United States in that year. This latter figure was just under one-fifth of the total number of cases from The Tax Court which reached all the circuit courts of appeals during the year (table 6).

One particularly long and burdensome case which the court has heard should be mentioned. It is Civil Action 994, of the Eastern District of Pennsylvania, an antitrust suit brought by the Government against the Pullman Co. under the Expediting Act, which requires that such a case be heard by a three-judge court composed entirely of circuit judges. Judges Biggs, Maris, and Goodrich spent many days in hearing this case. Also it should be noted that Judge Maris, as chief justice of the United States Emergency Court, which handles appeals from Office of Price Administration orders, has duties which occupy a substantial portion of his time.

By the Circuit Court of Appeals Act of March 3, 1891, three circuit judges were authorized to be appointed for the third circuit. One additional judge was authorized by the act of June 10, 1930, and a temporary judgeship, authorized by act of June 24, 1936, was made permanent by act of May 31, 1938. Statistical tables covering the business of this court are appended. Respectfully submitted.

WILL SHAFROTH,

Chief of the Division of Procedural Studies and Statistics.

TABLE 1.-Case load per judge for cases commenced in all United States circuit courts of appeals

TABLE 2.-Cases terminated by the United States circuit courts of appeals and showing the number, percentage, and case load per judgeship of cases which were disposed of after hearing or submission, for the fiscal year 1943

TABLE 3.-Written opinions per circuit judge in cases terminated during fiscal year ending June 30, 1943, by circuit

1 An additional judgeship in the Fifth Circuit Court of Appeals was created by act of Congress dated Dec. 14, 1942. This judgeship was not filled during this fiscal year 1943. Estimated.

TABLE 4.-Cases commenced, terminated, and pending at the end of the year, in the U. S. Circuit Court of Appeals for the Third Circuit, for the fiscal years 1939 to 1943

TABLE 5.-Type of cases filed in the U. S. Court of Appeals for the Third Circuit during the fiscal years 1939 to 1943

TABLE 6.-Source of appeals and original proceedings commenced in the U. S. Circuit Court of Appeals for the Third Circuit for the fiscal years 1939 to 1943

and

With respect to the eastern district of Pennsylvania the bill amends the proviso contained in section 2 (a) of the act of May 24, 1940, would permit the filling of the first vacancy occurring in the office of district judge in that district.

CHANGES IN EXISTING LAW

In compliance with clause 2a of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill are shown as follows (existing law in which no change is proposed is shown in roman, and new matter proposed to be inserted is printed in italic):

* * *

SEC. 2. The President is authorized to appoint, by and with the advice and consent of the Senate, eight additional district judges, as follows: (a) One for each of the following districts: * eastern district of Pennsylvania, * * * * Provided, That the first vacancy occurring in the office of district judge in each of said districts, except in the eastern district of Pennsylvania, shall not be filled.

*

*

EXTENSION OF SUGAR ACT

MAY 26, 1944.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. FLANNAGAN, from the Committee on Agriculture, submitted the

following

REPORT

[To accompany H. R. 4833]

The Committee on Agriculture, to whom was referred the bill (H. R. 4833) to extend, for 2 additional years, the provisions of the Sugar Act of 1937, as amended, and the taxes with respect to sugar, having considered the same, report thereon with a recommendation that it do pass.

The following letter from the War Food Administrator is thought sufficient explanation of the bill and the desirability of its enactment: WAR FOOD ADMINISTRATION, OFFICE OF THE ADMINISTRATOR, Washington, May 26, 1944.

Hon. JOHN W. FLANNAGAN, JR.,

Acting Chairman, Committee on Agriculture,

House of Representatives.

DEAR MR. FLANNAGAN: This is in reply to your request of May 22, 1944, for a report on H. R. 4833, a bill to extend, for 2 additional years, the provisions of the Sugar Act of 1937, as amended, and the taxes with respect to sugar.

The Sugar Act of 1937, as the House Committee on Agriculture pointed out in its report on the legislation on July 2, 1937, intended that the consumer be protected against unreasonable prices; that our foreign markets be protected by retaining the share of foreign countries in the established quotas; that if the domestic sugar industry is to obtain the advantage of a quota system it ought to be a good employer and, to carry this out, legislation should prevent child labor and assure reasonable wages; that the small family-size farm should be encouraged by the payment of higber benefits; and that an excise tax should and ought to be imposed on sugar manufacturing. In December 1941 the Congress, after thorough review of the results obtained from the operation of the act, extended the life of the legislation for another 3 years.

The authority given to this Administration under the act, supplemented by the wartime powers of the Federal Government, permitted rapid action to be taken to prevent runaway sugar prices, to maintain income for most domestic sugar producers at income-parity levels or better, and to allocate curtailed supplies on an equitable basis.

It is therefore believed that this legislation, together with the predecessor legislation (the Jones-Costigan Act), were not only effective instruments in meeting the problems of the industry during the pre-war period 1934-40, but also now provide part of the requisite machinery and authority needed under wartime conditions.

The Administration's views on certain desirable changes in the sugar-quota provisions of the act have been repeatedly stated to the committee on former occasions and need not be repeated at this time. However, since current uncertainties preclude satisfactory consideration of amendments to the act at this time and the quota provisions have been in suspense since April 13, 1942, under Presidential proclamation, enactment of H. R. 4833 without amendment is recommended.

The Bureau of the Budget advises that there is no objection to the submission of this report.

Sincerely yours,

MARVIN JONES, Administrator.

CHANGES IN EXISTING LAW

In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes made by the bill are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman):

(Sugar Act of 1937, as amended)

SEC. 513. The powers_vested in the Secretary under this Act shall terminate on December 31, [1944] 1946, except that the Secretary shall have power to make payments under title III under programs applicable to the crop year [1944] 1946 and previous crop years.

SEC. 3508. TERMINATION OF TAXES.

No tax shall be imposed under this chapter on the manufacture, use, or importation of sugar after June 30 [1945] 1947.

Section 503 of the Sugar Act of 1937, as amended (relating to payments to the Commonwealth of the Philippine Islands) is amended by striking out "June 30, 1945" and inserting in lieu thereof "June 80, 1947".

O