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of 92 United States Government civil cases and left pending 92 cases at the end of the year. It terminated 296 private civil cases during the year, and there remained on the calendar 185 cases.

The western district of Texas has two active judges, and one retired judge, whom, it is understood, is able to try some cases. The northern district until the end of the first half of the fiscal year had two active judges. In January 1936 a third active judge was appointed. The tabla below gives a comparison of the business of the southern district with these districts.

Fiscal year 1936

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MAY 20, 1937.-Referred to the House Calendar and ordered to be printed

Mr. CELLER, from the Committee on the Judiciary, submitted the



[To accompany H. R. 4740)

The Committee on the Judiciary, to whom was referred the bill (H. R. 4740) limiting the operation of sections 109 and 113 of the Criminal Code and section 190 of the Revised Statutes of the United States with respect to counsel in certain cases, after consideration, report the same favorably to the House with the recommendation that the bill do pass.

The Attorney General requests the enactment of this proposed legislation for the reasons contained in the following communication addressed by him to the Speaker of the House of Representatives:


Washington, D. C., February 5, 1937. Hon. William B. BANKHEAD, The Speaker, House of Representatives,

Washington, D. C. My Dear MR. SPEAKER: I am submitting herewith a draft of a bill to exempt special counsel in certain important Indian litigation from certain statutory prohibitions precluding Government officers and employees from handling cases against the Government.

These cases arise out of claims in behalf of the Osåge Indians for the recovery of royalties on oils produced from tribal lands and involve a sum aggregating many millions of dollars.

In the past I have had considerable difficulty in securing the services of counsel of the requisite standing and experience to handle important litigation, because of the statutory prohibitions precluding Government officers or employees from handling cases against the Government.

Former Assistant Attorney General Harry W. Blair, who was in charge of the Lands Division of this Department, has recently resigned. He has had immediate supervision of the above-mentioned matters. I consider it in the public interest to retain him as special counsel in these cases, in view of the fact that he has an unusual familiarity with the intricate and complex problems which they involve.

The enclosed bill is intended to relieve Mr. Blair from the above-mentioned statutory prohibitions. Similar statutes have been heretofore enacted in respect of the employment of special counsel in other important Government litigation (act of Apr. 14, 1934, 48 Stat. 590; act of May 25, 1934, 48 Stat. 804; act of Aug. 29, 1935, 49 Stat. 962; act of Mar. 18, 1936, 49 Stat. 1164; act of June 15, 1936, 49 Stat. 1513; act of June 22, 1936, 49 Stat. 1820). I recommend the enactment of the enclosed measure. Sincerely yours,


Attorney General. Section 109 of the Criminal Code prohibits anyone while employed by the Government from acting as agent or attorney for prosecuting any claim against the Government.

Šection 113 of the Criminal Code prohibits anyone while employed by the Government from receiving, or agreeing to receive, compensation for services rendered, or to be rendered, in any matter before any Government department or in relation to which the United States is a party or directly interested.

Section 190 of the Revised Statutes makes it unlawful for any person employed by the Government to act as counsel in, or prosecute, any claim against the United States which was pending in any department while he was employed by the Government for a period of 2 years after he ceases to be employed by the Government.

This bill does not grant a blanket exemption to Mr. Blair from the operation of these statutes. It merely provides that his existing status with regard to the statutes is not to be affected one way or the other by the special appointment at the hands of the Attorney General. Thus the 2-year limitation provided in section 190, Revised Statutes, will continue to run from the time Mr. Blair ceased to be regularly employed as an officer of the Department of Justice, whereas without the proposed legislation the 2-year period would not begin to run until after the litigation which he is specially appointed to conduct is entirely completed. This may be several years in the future, and, in the opinion of the committee, would work an undue hardship.

This bill is quite consistent with numerous other bills passed by the House.




May 20, 1937.-Committed to the Committee of the Whole House on the state

of the Union and ordered to be printed

Mrs. JENCKES of Indiana, from the Committee on the District of

Columbia, submitted the following


(To accompany H. R. 6869)

The Committee on the District of Columbia, to whom was referred the bill (H. R. 6869) to regulate the occupation and practices of cosmetology, to create a District of Columbia Board of Cosmetology for the examination and licensing of persons to carry on or to teach such practices, to insure the better education of such practitioners, to provide rules regulating the proper conduct and sanitation of cosmetological establishments and schools, for the protection of the public health, and to provide penalties for violation thereof, having considered the same, report favorably thereon and recommend that the bill do pass.

STATEMENT Section 1 of the bill defines certain words and phrases used therein.

Section 2 creates the District of Columbia Board of Cosmetology, provides for appointment of three members, outlines their qualifications, duties and term of office, conditions under which they may be removed from office, filling of vacancies, etc.; authorizes the appointment of a secretary, fixes his compensation, prescribes time of holding meetings and kind of records to be kept.

Section 3 empowers the Board to make necessary rules and regulations, subject to the approval of the Commissioners of the District of Columbia

Section 4 defines powers and duties of the Board, also rights and privileges of applicants in the matter of refused, revoked, or suspended licenses.

Section 5 provides for appeal from any action of the Board to the Commissioners of the District of Columbia, and that the Commissioners' decision shall be final.

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Section 6 makes it unlawful for any person to practice cosmetology or engage in any correlated branch of the trade without first obtaining a certificate of registration from the Board, but exempts those actually engaged in the occupation at the time the bill becomes law.

Section 7 relates to requirements of applicants for certificates of registration.

Section 8 fixes the age, education, and experience requirements of applicants in different branches of the trade.

Section 9 provides for limited certificates for those who intend to engage in one or a combination of practices of cosmetology.

Section 10 outlines the requirements for a school of cosmetology.

Section 11 sets forth the conditions under which a school may permit its students to practice on the public.

Section 12 limits the practice of cosmetology to registered beauty shops but provides that a registered operator may, in an emergency, furnish cosmetological treatments to persons at their residences by appointment.

Section 13 makes provision for exemption from examination requirements for present students and apprentices.

Section 14 establishes conditions under which apprentices may be instructed in beauty shops.

Section 15 confers on the Board power to issue permits to agents or employees of manufacturers of beauty-shop and cosmetological products and equipment for the purpose of conducting sales demonstrations, lectures, or expositions.

Section 16 provides for reciprocity with any State or foreign country whose requirements for registration are substantially equal to those in force in the District of Columbia.

Section 17 makes it obligatory for the Board to issue a certificate or license to any applicant who has complied with all requirements therefor.

Section 18 provides for examinations and fixes dates for holding.
Section 19 establishes fees.

Section 20 authorizes the Board to call on “persons of established reputation and known ability” in the practice of cosmetology for aid in conducting examinations, inspections, and investigations, and fixes their compensation.

Section 21 authorizes the Board, with the approval of the District of Columbia health authorities, to prescribe necessary sanitary rules and makes it unlawful for anyone to practice cosmetology except in an establishment where the requirements of the board as to proper, sanitary, and exclusive practice are complied with, but provides that one may practice outside under the direction and control of the owner or manager of such establishment.

Section 22 permits any member of the Board to hold or conduct an investigation, inquiry, or hearing.

Section 23 provides for the issuing of temporary licenses, to be in force until the next meeting for examination of the Board.

Section 24 lists those who are exempt from the provisions of the bill.
Section 25 relates to renewal of certificates.

Section 26 prescribes penalties for violation of any provisions of the measure.

Section 27 makes it the duty of the corporation counsel to prosecute violations.

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