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Vlr. Rooves. The final item for the Supreme Court of the United ito's is entitled "Care of the builtlinys and grounds” and is at

7 of the committer print and page 25 of the justifications. The Timony with regard to this will be given by Mr. Lynllund his stall, ustice Bukion. Yes. It presents only a slight change based on nga in part 1. ROONEY. If there is anything you wish to call to our attention I shall now

ask if there are any questions? aring none, Heart vol pleased to have had you with us this nga Lice Blach. Thank you. ice BURTON. Thank you, sir. Rooney. At this point we shall insert in the recoril, page 2.5 justifications which contains it request in the out of 20) an increase in the content of $1:3, 100 Over Current appro

of $1611,700. page referred 10 is as follows:)

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174,100

INCREASE REQUESTED

Mr. ROONEY. What is the reason, Mr. Lynn, for the requested increase in the amount of $13,400?

Mr. Lynx. Mr. Chairman, I have a short statement I would like to present to the committee. Mr. Henlock, my administrative officer, is available for details.

The actual increase for 1953 over 1952 requirements is only $1.600. We, of course, have not yet received the supplemental appropriation of $11,800 required for 1952 to cover the cost of Public Law 201 pay increases for the present year, but when that amount is granted and added to the 1952 total the actual increase for 1953 over 1952 will be only $1,600.

I would also like to call your attention to an error in the committee print, on page 7. Actually it is an error in the printed budget. You will note the last line which reads: of which not to exceed ($147,500] $157,400 shall be available for personal services. The newly inserted amount "$157,400" should read $ 160,900, for the reason that under “07 Other contractual services” we employ temporary day labor, such as painters, which, if not added to that figure, would restrict us to our regular force of 37 employees reta ned on a year-round basis.

Mr. ROONEY. Thank you.

COURT OF CUSTOMS AND PATENT APPEALS

WITNESSES

HON. FINIS J. GARRETT, CHIEF JUDGE
HON. NOBLE J. JOHNSON, JUDGE
JOSEPH G. GAUGES, MARSHAL

SALARIES AND EXPENSES

Amounts arailable for obligation

1951 actual

1952 estimate 1953 estimate

$192, 200

$32.90

$191,500

7.000

Appropriatlon or estimate
l'roposed supplemental due to pay increases.

Total available for obligation
Vuobligated balance, estimated savings

Obligations incurred...

201, 5110

192. No -10, 286

181,914

201,500

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VEY. The next item on our schedule is that for the Court Band Patent Appeals "Salaries and expenses." The item page 31 of the justifications and at page 9 of the committee

ild take your usual seat. Judge Gurrent RRETT. I will ask you to hear Judge Johnson. JINSON. Thank you. VEY. We shall certainl be pleased to hear from our old d friend, Judge Noble Joboson, of Indiana est is in the amount of $202,700 which is an increase to ESS,200 above the appropriation for this purpose in the

veur int we shall insert in the record pages 31 and 32 of the

together with the statement showing the business of the her furts which appear on page 36 of the justifications. ial referred to is as follow's: 1

Statement relating appropriation estimate to current appropriation
1952 appropriation in annual act.
Proposed supplemental 1952 due to pay increases.

Bage for 1953
Net difference, 1953 over 1952:

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The following statement shows the business of the court, and the length of time required to decide a case after filing of petition, for the fiscal year ending June 30, 1951:

Customs Number of cases pending at beginning of year.

17 Number of cases docketed during year.

38 Number of cases disposed of during year.

31 Number of cases pending at close of year.

24 Average time (in months) between filing and hearing

7.7 Average time (in months) between hearing and decision.

Total average time (in months) between filing and decision..--

1.3

9.0

86 64 87 63

18 0 1.7

Patents and trade-marks
Number of cases pending at beginning of year.
Number of cases docketed during year.
Number of cases disposed of during year.
Number of cases pending at close of year.-
Average time (in months) between filing and hearing---
Average time (in months) between hearing and decision

Total average time (in months) between filing and decision..
Mr. Rooney. We shall be glad to hear from you, Judge Johnson,

JUDGE JOHNSON. Mr. Chairman, in view of the material on pages 33 to 35 I would suggest that be included in the record as a statement by me here which explains the matter and I may say that it is the same amount that has heretofore been appropriated for the court with the

19.7

dditions of the amounts needed to make the salary increases voted by Congress. There are no other additions.

Mr. ROONEY. We shall insert pages 33 to 35 at this point. · (The pages referred to are as follows:)

JUSTIFICATION Eanguage changes

It is proposed that the following limitation appearing in the text of this appropriation for 1952 be omitted from the language of the appropriation for 1953: ", of which not to exceed $176,715 shall be available for personal services."

Limitations upon the total amount which may be used for personal services, similar to that quoted above were incorporated in several appropriation acts for 1952 including judiciary appropriations which combine both salary and expense items. The imposition of these limitations result in considerable additional accounting for such appropriation items and prevent the exercise of even a minimum of administrative discretion in determining deviations from the budget structure regardless of how minor or urgent the change may be. It is necessary for efficient administration, especially with respect to small appropriation items such as here involved, to permit some degree of discretion and flexibility in connection with the allocation of the funds to meet minor changes which cannot possibly be foreseen in advance. For the reasons stated above it is recommended that the appropriation for 1953 be approved without limitation upon the amount that may be used for personal services. Cbjectives

It is estimated that an appropriation of $202,700 will be required to provide for the salaries of the judges and supporting personnel, printing and binding, and contingent expenses of the United States Court of Customs and Patent Appeals for the fiscal year 1953. This is an increase of $1,200 over the amount required for the current year of $201,500. The entire amount of the increase is due to statutory changes in salaries, $1,070 being required for within-grade promotions and $130 for the additional cost in 1953 of pay increases authorized by Public Law 201. General justification

The United States Court of Customs Appeals was created by act of Congress August 5, 1909. It was given the exclusive appellate jurisdiction over judgments rendered by the Board of United States General Appraisers (now the United States Customs Court) in all cases as to the construction of the law and the facts respecting the classification of merchandise and the rate of duty imposed thereon under such classification and all appealable questions as to the laws and regulations governing the collection of the customs, revenues; and the judgments and decrees of the court are final except in such cases as are taken to the Supreme Court of the United States on writ of certiorari.

The court also has exclusive jurisdiction of appeals from the United States Tariff Commission on questions of law only, in the matter of unfair practices in import trade.

T'he act of March 2, 1929, conferred on the court the jurisdiction formerly yested... in the United States Court of Appeals for the District of Columbia in respect of appeals from the United States Patent Office in patent and trade-mark cases, except equity cases. The title of the court by the same act was changed to the United States Court of Customs and Patent Appeals.

The court is located in Washington, D. C., and has its offices on the seventh floor of the Internal Revenue Building, although under the law the court may sit elsewhere.

The court consists of a chief judge avd 4 associate judges, a clerk and 2 assistant clerks, a marshal and 1 assistant, a reporter and 1 assistant, 5 stenographic law clerks, 2 clerical assistants, and 5 messengers, a total of 24 persons.

The fees and costs collected by the court and turned into the Treasury during the fiscal year 1951 amounted to $2,294.60.

Of the estimate of $202,700, $184,915 is for salaries, and $12,000 of the balance is for printing two volumes of the decisions of the court, as required by law, and the priating of customs and patent calendars, mandates, letterheads, forms, etc.

Mr. ROONEY. We might call attention to the fact that the fees and costs collected by the court and turned into the Treasury during the fiscal year 1951 amounted to $2,294.60.

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