two additional judges for this district. The Attorney General has recommended this legislation in a communication which is set out below. The senior district judge of the district points out the need for the additional judge in a letter to the acting chairman of the Judiciary Committee, wherein in part he says: I, too, am very much interested in the appointment of additional judges for this district, On April 17, I appeared before a subcommittee of the Judiciary Committee of the Senate and gave testimony as to the need of filling Judge Patterson's place and of having two judges in addition to the appointment of a successor to Judge Patterson. At the present moment we have 4 judges from other districts than the southern district of New York, holding court here. It is only by this process that we can keep abreast of our calendars. Our quota of judges, prior to the appointment of Judge Patterson to the circuit court of appeals, was 12. As a matter of fact, that quota has been reduced by substantially 25 percent. By this, I mean that Judge Patterson has gone to the circuit court of appeals; Judge Caffey has been engaged in an antitrust suit of the Government against the Aluminum Co. for a period of almost a year and will probably be engaged for another year. As a matter of fact, the Government has not completed presenting its testimony, although it has been presenting proof for a year; Judge Woolsey, as you know, is ill and cannot do his full share of the work. It is in this way that we have lost about 25 percent of our judicial force. It will not be a great while I assume before the Moving Picture case comes on for trial. When this happens another judge will be taken out of the regular routine of work. In addition to this the Fertilizer Trust is under investigation by a grand jury and there are upon the calendar a considerable number of mail-fraud cases. In my judgment, we are in need of additional judges. OFFICE OF THE ATTORNEY GENERAL, Hon. EMANUEL CELLER, Acting Chairman, Committee on the Judiciary, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: This acknowledges your request for my views concerning the bill (H. R. 5906) to repeal the prohibition against the filling of a vacancy in the office of district judge for the southern district of New York. The act of May 31, 1938 (52 Stat. 585), created a number of additional judicial positions. Section 4 of the act reads as follows: "The President is authorized to appoint, by and with the advice and consent of the Senate, twelve additional judges, as follows: "(d) One district judge for the southern district of New York: Provided, That the first vacancy occurring in the office of district judge for the southern district of New York by the retirement, disqualification, resignation, or death of judges in office on the date of enactment of this Act shall not be filled;" Judge Robert P. Patterson, one of the district judges for the southern district of New York on office on the date of the approval of the act has been recently nominated as circuit judge for the second circuit. The resulting vacancy in the office of district judge for the southern distrcit of New York may not be filled, in view of the proviso above quoted. Obviously, however, the proviso was not intended to apply to a situation such as the one which has now arisen. The need for the additional judge in the southern district of New York, authorized by the act of May 31, 1938, is as great now as it was then. I recommend the enactment of the bill and hope that it may receive early and favorable consideration. Sincerely, FRANK MURPHY, Attorney General. In compliance with clause 2a of rule XIII existing law is printed below in roman with matter proposed to be repealed in black brackets: The President is authorized to appoint, by and with the advice and consent of the Senate, twelve additional district judges, as follows: * (d) One district judge for the southern district of New York: [Provided, That the first vacancy occurring in the office of district judge for the southern district of New York by the retirement, disqualification, resignation, or death of judges in office on the date of enactment of this Act shall not be filled;] O PRINTING OF HEARINGS ON THE TRANSPORTATIO ACT OF 1939 JULY 13, 1939.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. JARMAN, from the Committee on Printing, submitted the following REPORT [To accompany S. Con. Res. 26] The Committee on Printing, to whom was referred the concurrent resolution (S. Con. Res. 26) authorizing the printing of additional copies of the hearings held before the Senate Committee on Interstate Commerce on the bill (S. 2009) entitled "Transportation Act of 1939," having considered the same, report favorably thereon without amendment and recommend that the concurrent resolution do pass. This resolution was initiated at the request of the Senate Committee on Interstate Commerce, who have reported to your committee that the supply of the hearings on the Transportation Act of 1939, which they obtained pursuant to law, is entirely exhausted and that there is demand for additional copies. In view of this fact and owing to the importance of the legislation involved, your committee is of the opinion that the request should be granted. The Public Printer estimates that the cost of complying with the provisions of this resolution will be $869.95. O 76TH CONGRESS 1st Session } HOUSE OF REPRESENTATIVES { REPORT No. 1115 PRINTING THE HEARINGS RELATIVE TO AN INVESTIGATION OF EXISTING PROFIT-SHARING SYSTEMS JULY 13, 1939.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. JARMAN, from the Committee on Printing, submitted the following REPORT [To accompany S. Con. Res. 25] The Committee on Printing, to whom was referred the Concurrent Resolution (S. Con. Res. 25) providing for the printing of additional copies of the hearings held before a subcommittee of the Senate Committee on Finance on Investigation of Existing Profit-sharing Systems between Employers and Employees in the United States, having considered the same, report favorably thereon without amendment and recommend that the resolution do pass. This resolution was initiated by a subcommittee of the Senate Committee on Finance who has advised your committee that there will be an unusual demand for copies of this hearing. In view of this fact your committee is of the opinion that the request of the Senate Committee on Finance be complied with. The Public Printer estimates that the cost of printing this hearing will be $3,038.91. О |