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"Pursuant to request for information with reference to the condition of the docket here, I submit the following data as of March 1, 1930:

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Equity cases where injunction is sought for violation, pending---

816

384

1, 200

156

I have the following data from Mr. Bates, clerk of the United States district court:

Civil, equity, and admiralty suits pending--

There are also pending in the courts undisposed of as of March 1, 1930, proceedings in bankruptcy to the amount of...

1,833

3, 614

"I assume from the telegram that this is the information that you desire. "With_reference to the situation here as regards the criminal docket, we have had for three years since I have been United States attorney, judges from other districts here almost continuously. The great difficulty, however, is that they usually stay two or three weeks and when a calendar is prepared for them they have the usual requests for continuances, and their term of service here ends about the time that work is efficiently organized and proceeding.

"There is work here for two judges working continuously on the criminal calendar, who, with some additional help for long cases, could bring the calendar up to the point where cases could be tried in a reasonable time. As the situation now is, cases which take from a week to a month to try must wait opportunity to get judges from other districts.

"It requires the entire time of one judge to hear pleas and arraignments and to hear cases where the defendants are in jail, in order that men may not be held an unreasonable length of time in jail awaiting trial. On practically all other cases we are obliged to wait until we can get judges from other districts. The result is that, particularly in conspiracy cases, when a case is old the evidence has been lost and the witnesses disappear. In many cases it brings about a hopeless situation and we are obliged to accept compromises and fines, which are not wholesome for the administration of the criminal law.

"Additional judges in this district in my judgment would result in the disposition of cases in a manner that would bring about increased respect for the law and its observance, and the cost of the additional courts here would be amply covered by the additional fines and penalties which would be collected.

"I call your attention to the memorandum of the court showing that there was collected during the last fiscal year $344,567.21. With the proper court facilities the amount of these collections would be doubled."

The population for the northern district of Illinois comprising the northern 19 counties of the State divided into the eastern and western division, is approximately 5,000,000 people. As the situation has been during the three years that I have been United States attorney, it would be hopeless to dispose of the criminal calendar unless the United States attorney, with the full knowledge and consent of the court, accepted pleas with the recommendation as to the punishment to be meted out to the defendant. This practice is distinctly distasteful to me and I think it is to the courts, and nothing could further increase the respect for Federal law in the northern district of Illinois and place the United States attorney in a position to present his cases ready for trial and where the defendant may then elect to proceed to trial or plead guilty without recommendation.

Many complaints come to the district judges and come to me as to the situation with reference to the civil docket. The report of the Attorney General for the fiscal year ending July 1, 1929, evidences the difficulties of the courts in dealing with the present congestion.

Yours very sincerely,

GEORGE E. Q. JOHNSON, United States Attorney for the Northern District of Illinois. It is hoped that this bill will be enacted into law at an early date

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FUNDS FOR CONSTRUCTION OF BUILDING AT FORT SAM HOUSTON, TEX.

JUNE 14, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. WURZBACH, from the Committee on Military Affairs, submitted the following

REPORT

[To accompany H. R. 4501]

The Committee on Military Affairs, to whom was referred the bill (H. R. 4501) to authorize funds for the construction of a building at Fort Sam Houston, introduced by Mr. James at the request of the War Department, having considered the same, report thereon with the recommendation that it do pass.

The purpose of this legislation is that $5,000 of the unexpended balance of the appropriation of $587,975 for the new flying school and flying field at San Antonio, Tex., may be made available for the construction of a building on the Fort Sam Houston Military Reservation, Tex., for housing radio transmitter equipment.

Since the authorization of an appropriation of $30,000 has been made available for the construction of radio, parachute, and photographic buildings at the new primary flying field at San Antonio, it has been decided that in order to secure the most efficient and economical operating arrangement and to provide duplex radio operation all radio transmitter equipment used in connection with the Fort Sam Houston Army post should be consolidated in one building. To construct such a building it is estimated that $35,000 is necessary. Since $30,000 of this amount has already been made available, your committee favors the authorization of $5,000 from the unexpended balance authorized for the new flying school to make up the necessary

amount.

HR-71-2-VOL 4- -63

The report of the War Department is as follows:

Hon. W. FRANK JAMES,

Chairman Committee on Military Affairs,

WAR DEPARTMENT, Washington, September 9, 1929.

House of Representatives.

DEAR MR. JAMES: It is requested that the following draft of a bill be introduced and enacted into law:

A BILL To authorize funds for the construction of a building at Fort Sam Houston

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That not to exceed $5,000 of the unexpended balance of the appropriation of $597,975, appropriated for the new flying school and flying field at San Antonio, Tex., in the second deficiency act, fiscal year 1928, approved May 29, 1928, in accordance with the authority contained in the act approved February 18, 1928, is hereby authorized to be made available for the construction of a building on the Fort Sam Houston Military Reservation, Tex., for housing radio transmitter equipment.

The applicable provisions of existing law on this subject appear in the act approved February 18, 1928 (Public 61-70th Cong.), and the second deficiency act, fiscal year 1928, approved May 29, 1929 (Public 563-70th Cong.).

The necessity for the proposed legislation is that since the appropriation was made for the construction of radio, parachute, and photographic buildings at the new primary flying field at San Antonio it has been decided that in order to secure the most efficient and economical operating arrangement and to provide duplex radio operation to consolidate in one building all radio transmitter equipment used in connection with the Fort Sam Houston Army post and all Air Corps activities in that vicinity, with a view to remotely controlling all transmitters for each activity. It is estimated that it will cost approximately $35,000 to construct this building. Of this amount $30,000 is already available and authority is desired to use $5,000 of the unexpended balance of the above-mentioned appropriation for that construction.

If any additional information from the War Department is desired, I shall be pleased to furnish it; and if hearings are to be held, suitable witnesses will be designated.

This proposed legislation has been submitted to the Director of the Bureau of the Budget who advises that the same is not in conflict with the financial program of the President.

Sincerely yours,

PATRICK J. HURLEY,
Acting Secretary of War.

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CONSTRUCTION AT CARLISLE BARRACKS, PA.

JUNE 14, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. MCSWAIN, from the Committee on Military Affairs, submitted the following

REPORT

[To accompany H. R. 12602]

The Committee on Military Affairs, to whom was referred the bill (H. R. 12602) to authorize an appropriation for construction at Carlisle Barracks, Pa., introduced by Mr. James at the request of the War Department, having considered the same, report thereon with the recommendation that it do pass.

Your committee finds that the stable at Carlisle Barracks, Pa., was completely destroyed by fire on May 3, 1930, and the cause has been undetermined. It is necessary that there should be a large number of horses at this post for the reason that it is the Army Medical Field Service School and the horses are needed to train the medical personnel in the use of ambulances in the field. Due to the weather conditions at this point, the horses must be housed in the winter time. The information of your committee, after investigation, is that there is no other building at this post which may be converted into temporary stables. Your committee held hearings and has a detailed statement from the Quartermaster General as to the cost, and that statement is appended as a part of this report. For this reason, this measure is emergent.

SUPPLEMENTAL ESTIMATE, FISCAL YEAR 1930

Title of appropriation: Construction of buildings, utilities, and appurtenances at military posts. Amount of appropriation: Construction of stable, Carlisle Barracks, Pa., $37,000.

Purpose and necessity: To carry out the provisions of the act approved 1930, authorizing an appropriation of $37,000 for the construction of a stable at Carlisle Barracks, Pa. (H. R. 12602). Language recommended: Construction of buildings, utilities, and appurtenances at military posts-for the construction of stable at Carlisle Barracks,

Pa., in accordance with the act approved June 1930 (Stat. p. -) $37,000, to remain available until expended.

Supporting data: On May 3, 1930, stable building No. 58 was completely gutted by fire, cause undetermined. This building was used as a stable for the mounted units of the First Medical Regiment (Ambulance Company No. 1), horses of the Quartermaster Department, mounts used for instruction at the Medical Field Service School, and the authorized private mounts of officers. The building was constructed in 1922 at a cost of $20,053.41. It is proposed to replace this building on a site approximately 200 feet below the present location, and in accordance with plan No. 676-100 and No. 676-101 (copy attached), and it is estimated construction will cost $37,000 as follows:

Building proper, 200 feet by 61 feet, 12,200 square feet, at $2.80--

2 water service connections, at $75

2 sewer connections, at $100.

Electric service connection__.

200 lineal feet of 12-foot roadway, at $4.

4,600 square feet concrete ramps and picket line, at $0.25. Incidentals..

Total..

$34, 160

150

200

75

800

1, 150 465

37,000

The above building is to be 200 feet by 61 feet with a capacity of 110 animals, and will contain 200 feet by 61 feet by 10 feet, 200 feet by 20 feet by 21 feet, 200 feet by 41 feet by 5 feet, 178 feet by 20 feet by 61⁄2 feet, a total of 270,140 cubic feet costing 137 cents per cubic foot.

Building will be constructed of brick, concrete footings, and slate roof.

As a consequence of the loss by fire of the stables there are approximately 70 horses at Carlisle Barracks without shelter of any kind. The remaining horses are temporarily quartered in improvised shelter in the barn of farm No. 1, and a temporary shack in no wise suitable for stable purposes.

The letter requesting the introduction of this legislation is:

WAR DEPARTMENT, Washington, D. C., May 22, 1930.

The SPEAKER, HOUSE OF REPRESENTATIVES. DEAR MR. SPEAKER: There is inclosed a draft of a bill to authorize appropriation for construction at Carlisle Barracks, Pa., for the consideration of the Congress, with a view to its enactment into law.

On May 3, 1930, the stable at this post was destroyed by fire. As a consequence approximately 70 horses are without shelter of any kind, and the remaining animals, about 40 in number, are temporarily quartered in improvised shelter unsuitable for stable purposes.

Replacement of the destroyed buildings is urgently necessary. The proposed bill provides for construction of a new stable at the estimated cost of not to exceed $37,000. The building as planned will accommodate all the animals assigned to this station.

Sincerely yours,

F. TRUBEE DAVISON,
Acting Secretary of War.

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