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FEDERAL JUDICIARY

HEARINGS

BEFORE THE

COMMITTEE ON THE JUDICIARY

UNITED STATES SENATE
SEVENTY-FIFTH CONGRESS

FIRST SESSION

ON

S. 1392

A BILL TO REORGANIZE THE JUDICIAL BRANCH

OF THE GOVERNMENT

PART 1
MARCH 10 TO 16, 1937

Printed for the use of the Committee on the Judiciary

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541404 COMMITTEE ON THE JUDICIARY

HENRY F. ASHURST, Arizona, Chairman

WILLIAM E. BORAH, Idaho
GEORGE W. NORRIS, Nebraska
WARREN R. AUSTIN, Vermont
FREDERICK STEIWER, Oregon

WILLIAM H. KING, Utah
M. M. NEELY, West Virginia
FREDERICK VAN NUYS, Indiana
PATRICK MCCARRAN. Nevada
M. M. LOGAN, Kentucky
WILLIAM H. DIETERICH, Illinois
GEORGE MCGILL, Kansas
CARL A. HATCH, New Mexico
EDWARD R. BURKE, Nebraska
KEY PITTMAN, Nevada
TOM CONNALLY, Texas
JOSEPH C. O'MAHONEY, Wyoming
JAMES H. HUGHES, Delaware

REORGANIZATION OF THE FEDERAL JUDICIARY

WEDNESDAY, MARCH 10, 1937

UNITED STATES SENATE,
COMMITTEE ON THE JUDICIARY,

Washington, D.C. The committee met in the caucus room, 318 Senate Office Building, at 10:30 a. m., Senator Henry F. Ashurst presiding.

Present: Senators Ashurst, chairman, King, Neely, Van Nuys, McCarran, Logan, Dieterich, McGill, Hatch, Burke, Pittman, Connally, O'Mahoney, Hughes, Borah, Norris, Austin, and Steiwer; also present: Senator McAdoo, chairman, Special Committee to Investigate Receivership and Bankruptcy Proceedings and Administration of Justice in United States Courts.

The committee had under consideration S. 1392, a bill to reorganize the judicial branch of the Government. Said S. 1392 is here set forth in full, as follows:

(S. 1392, 75th Cong., 1st sess. ]

A BILL To reorganize the judicial branch of the Government

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) when any judge of a court of the United States, appointed to hold his office during good behavior, has heretofore or hereafter attained the age of 70 years and has held a commission or commissions as judge of any such court or courts at least 10 years, continuously or otherwise, and within 6 months thereafter has neither resigned nor retired, the President, for each such judge who has not so resigned or retired, shall nominate and, by and with the advice and consent of the Senate, shall appoint one additional judge to the court to which the former is commissioned : Provided, That no additional judge shall be appointed hereunder if the judge who is of retirement age dies, resigns, or retires prior to the nomination of such additional judge.

(b) The number of judges of any court shall be permanently increased by the number appointed thereto under the provisions of subsection (a) of this section. No more than fifty judges shall be appointed thereunder, nor shall any judge be so appointed if such appointment would result in (1) more than fifteen members of the Supreme Court of the United States, (2) more than two additional members so appointed to a circuit court of appeals, the Court of Claims, the United States Court of Customs and Patent Appeals, or the Customs Court, or (3) more than twice the number of judges now authorized to be appointed for any district or, in the case of judges appointed for more than one district, for any such group of districts.

(c) That number of judges which is at least two-thirds of the number of which the Supreme Court of the United States consists, or three-fifths of the number of which the United States Court of Appeals for the District of Columbia, the Court of Claims, or the United States Court of Customs and Patent Appeals consists, shall constitute a quorum of such court.

(d) An additional judge shall not be appointed under the provisions of this section when the judge who is of retirement age is commissioned to an office as to which Congress has provided that a vacancy shall not be filled.

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