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$26,000 to meet the estimated printing and binding requirements of the Supreme Court for the fiscal year ending June 30, 1944, and request for that amount is submitted through the Bureau of the Budget in its estimate to the Congress.

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MISCELLANEOUS EXPENSES

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Mr. O'NEAL. The next item is for miscellaneous expenses, for which you had an appropriation for 1943 of $27,000. You are asking for the same amount for 1944.

We will be glad to have a statement about that.

Mr. WAGGAMAN. The explanation I have to submit is that the item "travel" is largely for the purchase of car tickets and car passes in Washington.

It also includes $378.84 as a result of the special meeting of the Court last summer for the trial of the saboteurs which will make it exceed the $500 for this item. However, as we have a balance in other items, in this break-down there will not be a deficit.

For communication services we have already spent or committed $3,900, in round numbers.

On printing and binding-
Mr. O'NEAL. What printing is that?

Mr. WAGGAMAN. This item is the printing for the use of my office and for the Court's stationery, forms, and things like that, as differentiated from the appropriation just discussed under “Printing and binding.” The clerk and I find we cannot use the same printing account advantageously as either he or I would probably overdraw our share of the account due to the time it takes to obtain bills from the Printing Office.

The largest part of this item is for the binding done by the Government Printing Office on our library books. Last year we could not use the whole $5,000 allocated for this purpose because the material was not available for their binding the individual books in the same uniform manner as the balance of the set to which they belong.

Mr. O'NEAL. For other contractual services you have an estimate of $500 for 1944, which is the same as the amount for 1943.

Mr. WAGGAMAN. Yes, sir. This item includes the repair of typewriters and other office equipment as well as our delivery trucks.

Mr. O'NEAL. For supplies and materials there is an estimate for
1944 of $11,700, the same as the amount for 1943.
What type of supplies and materials are those ?

Mr. WAGGAMAN. They are supplies and materials for janitoring, cleaning, and the offices, uniforms for guards, and laborers.

The bulk of the item is for janitoring and cleaning supplies. That is a pretty big building to be cleaned. Mr. O'NEAL. The actual pay roll for that work is handled through

Mr. WAGGAMAN. No, sir. My char and labor force clean the building; the maintenance of the structure and the mechanical force are under Mr. Lynn, who will justify his item.

Mr. O'NEAL. Tell us about the item for equipment, for which the estimate for 1944 is $3,900.

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Mr. WAGGAMAN. That includes typewriters, if we are able to buy any this year. It also includes dictaphones and an additional adding machine and file cases; occasionally we require some other additional equipment-a new truck, if procurable.

Mr. O'NEAL. With reference to typewriters, it is impossible to get them now, so do you not think it might be practical to reduce that item by a small amount?

Mr. WAGGAMAN. We spend only what is necessary. If there is a small amount left over at the end of the year and if we find that we can advantageously buy other needed items we buy them; otherwise the money is turned in to the Treasury.

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SUPREME COURT FEES

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Mr. O'NEAL. I would like to ask for the purpose of the record about the fees, Mr. Cropley, and how they are handled, and what becomes of them in the Clerk's office.

Mr. CROPLEY. The Clerk's office functions under section 542 of title 28 of the United States Code, which provides that the Clerk may retain $6,000 per annum of the fees and emoluments collected as his compensation, and pay the incidental expenses of his office, including clerk hire. The vouchers covering such expenditures are certified by the Chief Justice.

Mr. O'NEAL. All fees collected are deposited as a separate fund, and against that fund you pay for all clerical hire, except for the Clerk himself, who is provided for in this appropriation?

Mr. CROPLEY. Let me clarify that in this way. There is no appropriation for the salary of the Clerk or the salaries of the personnel of ħis office. All money is deposited in a bank account and is disbursed for the expenses of the office, including clerk hire. At the end of the year there is a return made to the Attorney General, under section 541, of title 28 of the code, which is accompanied by the original vouchers, and a list of all receipts. These documents are filed with the Attorney General and thus become a public record.

Mr. O'NEAL. And if there is a balance that is turned into the Treasury

Mr. ČROPLEY. That is right. The expenses are covered by the vouchers, and any surplus is turned into the Treasury. The whole matter is reported to the Attorney General under section 541 of title 28 of the code, and the Chief Justice certifies the entire transaction.

Mr. O'NEAL. What is the way of handling that? Who checks those receipts and disbursements, the Chief Justice, or the Court itself? What is mechanics of accounting for that amount of money and the disbursements?

Mr. CROPLEY. The books are audited by Ernst & Ernst, who are employed by the Court. They make a complete annual examination of the books covering each term.

Mr. O'NEAL. Their charges come out of this fund?

Mr. CROPLEY. The auditors' charge is $750 a year and is paid as an expense of the Court. They make a thorough examination of the books and accounts and a very detailed report is made directly to the Court.

Mr. O'NEAL. Will you give us an estimate of how much the fees run, that is the amount of the receipts from fees per year?

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Mr. CROPLEY. In round figures last year the total receipts were approximately $63,000.

Mr. O'NEAL. Will you put in the record a statement showing how those expenditures are made, that is what the particular items are?

Mr. CROPLEY. Yes. They principally are for two things, for salaries and for supplies—the usual type of office supplies.

Mr. O'NEAL, Could that be broken down into the different kind of supplies, so there will be an itemization showing so much for this type and that type of supplies?

Mr. CROPLEY, Yes.
Mr. O'NEAL. That is, by classes.
Mr. CROPLEY. Yes.

(The statement referred to is as follows:)
Statement of disbursements made by the Clerk of the Supreme Court pursuant to

U. S. C., title 28, sec. 542, during the calendar year 1942, in addition to his personal compensation authorized by that section 01 Salaries : 1 deputy clerk, $6,120 per annum.

$6, 120.00 2 deputy clerks, 5,000 per annum

10, OCO. 00 1 assistant clerk, $4,000 per annum.

4, 000.00 2 assistant clerks, $3,500 per annum

7,000.00 1 assistant clerk, $3,580 per annum.

3, 580.00 2 assistant clerks, $3,100 per annum.

6, 200.00 1 assistant in charge of press room, $3,000 per annum.

3,000.00 1 secretarial assistant, $2,133.32 per annum..

2, 133. 32 1 stenographic assistant, $2,000 per annum.

2,000.00 1 stenographic assistant, $1.566.66, Jan. 1 to Oct. 12_.

1,566. 66 1 stenographic assistant, $1,295, Jan. 1 to Sept. 19.

1, 295.00 1 stenographic assistant, $516.66, Sept. 28 to Dec. 31-

516. 66 1 stenographic assistant, $477.76, Oct, 1 to Dec. 26_

477. 76 1 messenger, $1,730 per annum.

1, 730.00 1 messenger, $1,500 per annum

1,500.00 1 messenger, $1,200 per annum

1, 200.00 Additional labor--

1,500.00 04 Communication services.

1, 043. 80 07 Other contractual services.

26. 88 08 Supplies and materials_

2, 919. 19 Total disbursements for calendar year 1942--

-- 57, 809. 27 Mr. Gore. What was the approximate amount turned in to the Treasury?

Mr. CROPLEY. There was no surplus last year. We did not make expenses.

Mr. Justice ROBERTS. We did raise the fees slightly in order to take care of that.

Mr. JOHNSON. Is the kind of binding you desire now available? Mr. WAGGAMAN. No, sir. We are binding this year a different type of books. Last year we were trying to finish parts of the Gerry collection. Senator Gerry gave us his father's library, and there were some books in it that it would be a shame to rebind improperly. This year we are going to rebind a working collection and have those bound

Mr. O'NEAL. Mr. Justice Roberts and Mr. Justice Black, we appreciate very much your coming to the hearing this morning, and if there are any further statements you desire to make, we will be glad

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to hear you.

Mr. Justice ROBERTS. I have nothing further, Mr. Chairman.
Mr. Justice BLACK. There is nothing I care to add, Mr. Chairman

WEDNESDAY, MARCH 3, 1943.

STRUCTURAL AND MECHANICAL CARE OF UNITED STATES SUPREME COURT BUILDING AND GROUNDS

STATEMENTS OF DAVID LYNN, ARCHITECT OF THE CAPITOL; AUGUST ECCARD, CIVIL ENGINEER; AND CHARLES A. HENLOCK, ADMINISTRATIVE OFFICER

Mr. O'NEAL. Mr. Lynn, we will take up first the item of page 147 of the bill for structural and mechanical care of the building and grounds, for which $68,000 was appropriated for 1943 and $69,320 is estimated for 1914an increase of $1,320. We will insert page 2 of the justification.

(The matter referred to is as follows:) Regular appropriation, 1943 act.

$68,000 Deduct nonrecurring and other items not required for 1944: Special air

conditioning improvements-insulating second floor ceiling--

1, 350

66, 650

Base for 1944.-
Increases submitted for 1944: Annual items-personal services :

To complete 1943 within-grade promotions in 1944.
Legislative changes in salary ranges (net) --

$315 2, 3J5

Total increases requested for 1914

2, 670

Total estimate, 1914.

69, 320 Mr. O'NEAL. We will be glad to have a statement from you on this, Mr. Lynn.

Mr. Lyxx. The amount of $1,320 is a net increase for 1944. One 1943 nonrecurring item is omitted for 1911—for special air conditioning improvement-insulating second floor ceiling-$1,350; and an increase of $2,670 under personal services asked for 1944, as follows: Within-grade salary promotions, $315; legislative changes in salary ranges, net, $2,355.

WITHIN-GRADE PROMOTIONS

Mr. O'NEAL. You feel you are required to make those within-grade promotions, do you, of $315?

Mr. LYNN. That is according to law. It is not for any new promotions that will fall due in 1944. It is only to complete in 1914 the promotions that fall due in 1913.

LEGISLATIVE CHANGES IN SALARY RANGES

Mr. O'NEAL. Now, about the legislative changes in salary ranges, $2,355: In the same way, you feel you are obligated under the law to do that?

Mr. Lynn. Yes, sir.

DISTRIBUTION OF ESTIMATE

We could just submit the details of estimates with comparison to 1943.

Mr. O'Neal. You have that broken down on page 3 of the justifica

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In explanation of the estimate, the first item is: "Personal services,” $57,000. For 1943, $54,330 was allotted, so there is an increase of $2,670. Three hundred and fifteen dollars of this increase is to complete in 1944 the 1943 within-grade promotions authorized by the act of August 1, 1941.

SIX MONTHS' EXPENDITURES

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Mr. O'NEAL. You are asking $57,000 for personal services for 33 employees and you have expended to December 31, 1942, $25,696, for 6 months ?

Mr. LYNN. Yes, sir.

Mr. O'NEAL. That is not quite one-half of the $57,000. Is that due to turn-overs in personal services?

Mr. LYNN. I will ask Mr. Henlock to answer that question, as he has the details in regard to that?

Mr. HENLOCK. Yes, sir. There has been an average of three vacancies during the 6-month period. Four men have been inducted into the military service in 1943.

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DEFERMENTS OF PERSONNEL FROM MILITARY SERVICE

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Mr. O'NEAL. Have you asked for deferments of any kind under your appropriations in any place, Mr. Lynn?

Mr. HENLOCK. Practically all of the deferments have been at the
Capitol Power Plant.

Mr. O'NEAL. Will you put in the record the number of deferments
you have requested, and for what period of time?
Mr. LYNN. Yes, sir.

Mr. O'NEAL. How many would you say there have been, approximately?

Mr. HENLOCK. Eleven at the Capitol Power Plant and two others.
Mr. O'NEAL. And how many of those were acted upon?
Mr. HENLOCK. Were granted?
Mr. O'NEAL. Yes; were granted.
Mr. HENLOCK. Five.

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