northern and southern districts of West Virginia. I have also talked with Chief Judge Bolitha J. Laws of the United States District Court for the District of Columbia.

It is my view and that of each of the judges consulted that the fees and expenses allowed jurors should be increased.

The pertinent provisions of Public Law 779 are:

66* * *

For actual attendance at the place of trial or hearing of any court or courts, and for the time necessarily occupied in going to and returning from such place of trial or hearing, either at the beginning and end of service or at any time during the same, $5 per day during such attendance: Provided, That whenever a juror is required to attend court thirty or more days in hearing a single case, he may be paid, in the discretion and upon the certification of the trial judge, a per diem of up to and not exceeding $10 for each and every day in excess of thirty days he is required to hear such case.

"For the distance necessarily traveled by the shortest practicable route from their place of residence in going to and returning from the place of trial or hearing at the beginning and at the end of the term of service, 5 cents per mile: Provided, That for additional necessary daily transportation expenses, the cost of travel by common carrier shall be allowed not to exceed $2 per day, or if it is not practicable to travel by common carrier a rate of 5 cents per mile shall be allowed but not to exceed $2 per day, or if daily travel appears impracticable subsistence of $2 per day shall be allowed: Provided further, That whenever in any case the jury is ordered to be kept together and not to separate, the cost of subsistence during such period shall be paid by the marshal upon the order of the court in lieu of the foregoing allowance for subsistence."

It is the consensus of opinion that the $5 per diem should be increased to $7; Judge Knox thought it would be proper to increase it to $7.50.

It is further the consensus of opinion that the $2 maximum limit for subsistence if daily travel appears impracticable should be increased to $4.

It is generally thought further that the mileage rate for travel should be increased from 5 cents to 7 cents. It is of course, recognized that this may not be feasible unless the mileage rate to others traveling upon Government business is increased. Whether or not the mileage rate is thus increased, there is a substantial view that either the $2 maximum limits of the present law on travel allowance should be increased to $4 or that such maximum limits on travel allowance should be eliminated; the latter being in my judgment and that of several others, preferable. In short, it seems only fair that jurors should not have to be out of pocket in respect of the expense of travel necessarily incurred in connection with jury service, whether it be travel at the commencement and end of the term or interim travel. I asked Judge Watkins of the committee on the operation of the jury system above referred to, to prepare a proposed bill embodying his views-increasing the per diem from $5 to $7, increasing the mileage allowance from 5 cents to 7 cents and removing the $2 limit on the allowance for interim travel, and increasing the $2 subsistence allowance to $4. He has done so and I enclose a copy herewith. Its provisions are approved by Judges Major, Gardner, Hicks, Proctor, Knox, Lindley, Laws, and myself. I do not imply by this that the other judges consulted would not approve the provisions suggested by Judge Watkins; merely it was not possible to have a complete exchange of views by telephone. I feel certain that substantially all of the judges consulted would approve Judge Watkins' proposed bill. Judge Knox and Judge Watkins were the most active members of the committee above mentioned and their views are given great weight by the Judicial Conference.

It is generally recognized by all with whom I talked that jury service necessarily and properly involves an element of public duty and also that fees and allowances as a practical matter cannot be fixed so high as to eliminate this element. But it is thought that even at the figures above suggested some substantial burden on a juror's part would still be involved.

It is recognized also that there is a question of legislative policy as to whether Congress ought to be asked now to raise jury fees, there having been an increase by Public Law 779, approved June 25, 1948. This, however, it is thought, should be left to your judgment. All with whom I talked are of the view that if Congress regards it as proper now to increase jury fees again, it is highly desirable that it do so. Everyone feels that the financial burden of jury service is undue at the present fees and allowances. Especially in metropolitan centers the financial burden to a juror is thought to be serious.

Should you determine to go forward with a bill to increase jury fees and allowances in such manner as is above suggested, I am sure that any of the judges

above mentioned as well as other members of the Federal judiciary would be glad either to testify at a committee hearing or to write the committee, in approval of your action.

It has been a pleasure to serve you in obtaining the views of the judges.
With kind personal regards, I am,

CHANGES IN EXISTING LAW

In compliance with clause 2a of rule XIII of the House of Representatives, changes in existing law made by the bill are shown as follows (existing law is set out in the first column below, and the law as it is proposed to be amended is shown in the second column): SECTION 1871 OF TITLE 28, UNITED STATES CODE

AMENDING TITLE 28 OF THE UNITED STATES CODE RELATING TO TRAVEL EXPENSE ALLOWANCES FOR GOVERNMENT EMPLOYEE WITNESSES

JUNE 30, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. HOBBS, from the Committee on the Judiciary, submitted the following

REPORT

To accompany H. R. 4875)

The Committee on the Judiciary, to whom was referred the bill (H. R. 4875) to amend title 28 of the United States Code relating to travel expense allowances for Government employee witnesses, having considered the same, report favorably thereon with an amendment and recommend that the bill do pass.

The amendment is as follows:

Insert at the end of the bill the following:

Accordingly said section 1823 (a) of title 28. United States Code, is amended to read as follows:

"SEC. 1823. UNITED STATES OFFICERS AND EMPLOYEES.

"(a) Any officer or employee of the United States or any agency thereof, summoned as a witness on behalf of the United States, shall be paid his necessary expenses incident to travel by common carrier, and if travel is made by privately owned automobile mileage at a rate not to exceed 7 cents per mile, together with a per diem allowance not to exceed $9 in lieu of subsistence under regulations prescribed by the Attorney General. Such expenses for appearing as a witness in any case involving the activity in connection with which such person is employed, shall be payable from the appropriation otherwise available for travel expenses of such officer or employee under proper certification by a certifying officer of the department or agency concerned.'

STATEMENT OF FACTS

The purpose of this bill is to increase the maximum mileage rates and the per diem allowance for Government employee witnesses from the present rates of 5 cents per mile and $6 per day to 7 cents per mile

and $9 per day. Accordingly, it amends section 1823 (a) of title 28, United States Code.

The present maximum rates have been found to be inadequate to reimburse Government employees when they travel as witnesses and in some instances are substantially less than such employees receive when traveling on governmental business of a different nature. Recently, the House of Representatives passed H. R. 3005, which increases the travel allowances for Government employees generally, thus making the disparity even greater.

It is incongruous that a Government employee should be reimbursed at a bigher rate when traveling on official business than that which he receives when traveling as a witness for the Government under a subpena.

COMMITTEE AMENDMENT

Inasmuch as title 28 is the law, it is deemed better form to amend "to read as follows".

This legislation was recommended by the assistant to the Attorney General in the following letter addressed to the Speaker of the House of Representatives:

OFFICE OF THE ASSISTANT TO THE ATTORNEY GENERAL,
DEPARTMENT OF JUSTICE,
Washington, May 17, 1949.

The SPEAKER, HOUSE OF REPRESENTATIVES,

Washington, D. C.

MY DEAR MR. SPEAKER: The Department of Justice recommends the amend ment of section 1823 (a) of title 28, United States Code, so as to increase the maximum mileage rates and per diem allowances for Government employee witnesses.

Section 1823 (a) presently provides that Government employees summoned as witnesses on behalf of the United States shall be paid all necessary expenses incident to travel by common carrier, and if travel is by privately owned automobile. mileage at a rate not to exceed 5 cents per mile, together with a per diem allowance not to exceed $6. in lieu of subsistence, under regulations prescribed by the Attorney General These maximum rates have been found to be inadequate to reimburse Government employees when traveling as witnesses and in some instances are substantially less than such employees receive when traveling on other governmental business. which was passed by the House of Representatives on May 10, is enacted to inMoreover, if a measure such as H. R. 3005, crease the travel allowances for Government employees generally, the disparity will become even greater

A draft of a bill to accomplish the purpose of the foregoing recommendation is enclosed. It is designed to increase the maximum allowances for mileage and per diem in lieu of subsistence to 7 cents and $9 respectively.

The Director of the Bureau of the Budget has advised that there is no objection to the submission of this recommendation.

Yours sincerely,

CHANGES IN EXISTING LAW

In compliance with clause 2a of rule XIII of the House of Representatives, changes in existing law made by the bill are shown as follows (existing law proposed to be omitted is enclosed in black

brackets, new matter is printed in italics, and existing law in which no change is proposed is shown in roman):

SECTION 1823 (A) OF TITLE 28, UNITED STATES CODE

SECTION 1823 UNITED STATES OFFICERS AND EMPLOYEES

(a) Any officer or employee of the United States or any agency thereof, summoned as a witness on behalf of the United States, shall be paid his necessary expenses incident to travel by common carrier, and if travel is made by privately owned automobile mileage at a rate not to exceed [5] 7 cents per mile, together with a per diem allowance not to exceed [$6] $9 in lieu of subsistence under regulations prescribed by the Attorney General. Such expenses for appearing as a witness in any case involving the activity in connection with which such person is employed, shall be payable from the appropriation otherwise available for travel expenses of such officer or employee upon proper certification by a certifying officer of the department or agency concerned