Trade Commission Act. These bills are similar to H.R. 836 which was approved by the Conference at its March 1961 session. (Conf. Rept., p. 18).

(c) S. 1898, relating to the jurisdiction of the district courts in actions commenced by fiduciaries by reason of diversity of citizenship. A practice, it seems, has arisen in some districts of procuring the appointment of a non-resident fiduciary for a decedent, or minor having a claim against a local resident, in order to create diversity of citizenship. The bill, which is identical to H.R. 5344 approved by the Conference at its March 1961 session, would withdraw federal jurisdiction in such cases.

(d) S. 1900 and H.R. 5255, to clarify the status of federal judges retired from regular active service. The bill would amend 28 U.S.C. 43(b) to provide that the court of appeals shall consist of the circuit judges of the circuit in regular active service, but would provide that a circuit judge of the circuit who has retired from regular active service shall also be competent to sit as a judge of the court in banc in the rehearing of a case or controversy, if he sat in the court or division at the original hearing thereof. The bill would also make it clear that the Judicial Council of each circuit is to consist of the circuit judges for the circuit in regular active service and that each district court shall consist of the district judge or judges of the district in regular active service. The Conference voted to reaffirm its approval of the bill, as introduced.

(e) S. 2061 and H.R. 6902, to provide life tenure for the United States district judges for the District of Puerto Rico.

(f) H.R. 5615, to amend the Judicial Survivors Annuity Act so as to accord with present statutory provisions applicable to surviving dependents of members of Congress. The Civil Service Retirement Act amendent of 1956 with respect to survivorship benefits for dependents of members of Congress, eliminated the requirement that a widow without dependent children be 50 years of age before receiving a widow's annuity, increased the annuity payable to dependent children, liberalized the formula for computing the widow's annuity in respect to certain civilian service, and increased the maximum widow's annuity to 40 percent of the decedent's five

year average salary. The bill would make the same provisions applicable to surviving dependents of judges. (Conf. Rept., March 1961, p. 21).

RETIRED TERRITORIAL JUDGES

The Conference considered the proposal contained in S. 1897, 87th Congress, to authorize retired judges of certain territorial courts to perform judicial service, when designated and assigned, and expressed some concern over the assignment of such a judge to active service when he may be engaged in the practice of law. The Committee was authorized to give further consideration to this problem.

COURT OF VETERANS' APPEALS

H.R. 3263, H.R. 4134, and H.R. 5992, 87th Congress, would establish a court of veterans' appeals and prescribe its jurisdiction and functions. Similar bills were considered by the Conference at its March 1961 session and approved as to the type of judicial review proposed, but disapproved to the extent that they would amend 28 U.S.C. 451 and 610 to include the proposed new court among the courts of the United States and to require the Director of the Administrative Office to assume responsibility for its administrative affairs. The Conference reaffirmed its action with respect to the proposals contained in these bills.

COMPENSATION CLAIMS FOR SERVICE-CONNECTED DISABILITY

H.R. 4696, 87th Congress, would provide for the determination by the district courts of disputed claims for compensation on account of disability or death resulting from disease or injury aggravated in line of duty while serving in the armed forces. The Conference previously disapproved proposals to permit the judicial review of veterans' claims by the district courts and, upon recommendation of the Committee, voted also to disapprove this bill.

DEPORTATION ORDERS

S. 2212, 87th Congress, is identical to H.R. 187, 87th Congress, which was approved by the Conference at its March 1961 session insofar as it relates to the judicial review of deportation orders.

Noting, however, that the bill would limit the review of orders of exclusion to review by writs of habeas corpus, which would seem to deny review to any nonresident alien (who is not in custody), the Conference voted to approve S. 2212, but expressed no opinion with respect to those provisions which propose to limit the review of orders of exclusion to writs of habeas corpus.

STUDY OF VENUE

Judge Maris reported that a subcommittee had been appointed to study the subject of venue and that at its request a survey of recommendations for changes in the law regulating process and venue in the district courts had been prepared by Professor Degnan and Mr. Martino of the University of Utah College of Law. The Committee was granted leave to continue its study of the subject of venue and to report at a later session of the Conference.

UNITED STATES AS AMICUS CURIAE

H.J. Res. 199, 87th Congress, would prohibit the United States from appearing as amicus curiae or in any other fashion, except as a party, in any stage of any civil action in any federal court. Experience has shown that in many cases it is in the public interest for the Federal Government to be permitted, in the discretion of the court, to appear as amicus curiae. Upon recommendation of the Committee, the Conference disapproved the bill.

INTERSTATE COMMERCE ACT

The Bureau of the Budget had requested the comments of the Judicial Conference with respect to H.R. 5594, 87th Congress, to amend Section 22(b) of the Interstate Commerce Act with respect to the service of process in enforcement proceedings involving motor carriers or brokers. It was the view of the Committee that the method of enforcing the Interstate Commerce Act with respect to motor carriers and brokers would appear to involve a question of policy for the Congress and the Executive Branch of the Government. The Conference, therefore, directed that the Bureau of the Budget be informed that the Judicial Conference does not deem it appropriate to express any views with respect to the bill.

JURISDICTION IN CASES INVOLVING POLLUTION OF INTERSTATE RIVER

SYSTEMS

H.R. 6717, 87th Congress, would provide that the United States district courts shall have jurisdiction of certain cases involving pollution of interstate river systems. The bill would give to the district courts original jurisdiction, concurrently with the Supreme Court, of cases arising under a proposed interstate compact, which involve pollution of the waters of the river system which is the subject of the compact. Because of the constitutional question involved with respect to the jurisdiction of the Supreme Court, the Conference voted to make no recommendation with respect to the bill.

CONGRESSIONAL DISTRICTS

H.R. 4068, 87th Congress, would confer jurisdiction upon the district courts of suits to review state action establishing Congressional districts. It was the view of the Conference and the Committee that the grant of jurisdiction to the district courts proposed by the bill involves a question of public policy for Congress to determine. The Conference directed that the Committee on the Judiciary of the House of Representatives be informed that it makes no recommendation concerning the proposal.

VENUE IN ACTIONS INVOLVING PUBLIC LANDS

S. 717, H.R. 4428, H.R. 5236, H.R. 5407, and H.R. 5938, 87th Congress, would authorize the institution of a civil action for the review of an administrative determination as to the use of lands of the United States for grazing purposes in the judicial district in which such lands are situated; H.R. 5976, 87th Congress, would broaden the venue in certain actions against the Secretary of the Interior or his subordinates involving public lands.

These bills would accomplish to a limited extent the broadening of venue and service of process which would be accomplished in all suits against Government officers by the enactment of H.R. 1960, 87th Congress, which was approved by the Conference at its March 1961 session. Since these bills would accomplish in part the purposes of H.R. 1960, they were approved by the Conference.

REVIEW OF ORDERS OF ADMINISTRATIVE AGENCIES

S. 2398, and H.R. 8189, 87th Congress, would require that certain proceedings for the review or enforcement of agency orders

must be instituted in the judicial circuit within which the controversy or matter which is the subject of the order arose. It was the view of the Committee that the existing venue provisions with respect to the review or enforcement of agency orders in the courts of appeals are in most instances adequate and satisfactory and that it would be unwise and not in the public interest to alter them in the general and summary fashion proposed by these bills. Upon recommendation of the Committee, the Conference disapproved the bills.

PRODUCTION OF STATE RECORDS

S. 2161, 87th Congress, would amend 28 U.S.C. 2201 to authorize actions for declaratory judgment to determine the authority of congressional committees to require the production of official records of state or local governmental bodies. The Conference directed that the Committee on the Judiciary of the United States Senate be informed that the proposal contained in this bill concerns a matter of policy for the determination of the Congress upon which the Conference expresses no view.

BANKRUPTCY ADMINISTRATION

SALARIES AND POSITIONS OF REFEREES

The Conference was informed by the Chairman of the Committee on Bankruptcy Administration, Senior Judge Orie L. Phillips, that the Committee had met and considered the recommendations contained in the Report of the Director of the Administrative Office, dated June 26, 1961, relating to the continuance of referee positions to become vacant prior to April 1, 1962 by expiration of term, for changes in salaries of referees, changes in arrangements, and the creation of new referee positions. The Committee also considered the recommendations of the district judges and the judicial councils of the circuits concerned.

The Conference considered fully the Committee's report, as well as the recommendations of the Director, the circuit councils and the district judges. On the basis of these reports, the Conference took the action shown in the following table relating to changes in salaries and new referee positions and directed that, unless otherwise noted, this action become effective on November 16, 1961, provided appropriated funds are available: