of a $65 million building for the Federal Bureau of Investigation, which now uses more than half the space in the parent building.

The problem of space alone tells something about the magnitude of today's Department, and gives a hint of the complexity of its organization. Other statistics are additionally revealing: for fiscal year 1967, the total budget for the Department of Justice was approximately $407 million, and at present count, the Department employs more than 33,000 people, some 15,000 of them in the FBI.

THE RIGHT-HAND MEN AND THEIR FUNCTIONS

Three men comprise what might be called the "inner circle" of those who assist the Attorney General in conducting the multitudinous affairs of the government's law office. They are the deputy attorney general, the solicitor general, and the assistant attorney general in charge of the Office of Legal Counsel. In addition, the pardon attorney, who is appointed by the Attorney General, performs a specialized service under the Attorney General handling applications to the President for pardon, and the Attorney General has an executive assistant and a director of Public Information on his personal staff. The Deputy Attorney General

The deputy attorney general stands closest to the throne. He is the second ranking official in the Department, and, in the absence of the Attorney General or a vacancy in that post, he is the acting Attorney General.

The deputy's duties are largely administrative, and he assists the Attorney General in the over-all direction of the Department. He coordinates the activities of the Department and, in many matters, is the first to be consulted by assistant attorneys general and officials of other government departments and agencies. His authority extends to decisions, subject to the approval of the Attorney General, in many administrative matters.

One of the deputy's most important functions is to screen applications and make recommendations for appointments to the federal judiciary. No man or woman is named to the federal bench until a thorough check of his or her qualifications has been made under the deputy's direction; qualities of diplomacy, tact, political astuteness, and the ability to appraise the character and capabilities of men are requisite to the effective performance of this function. There are very few judges nominated by the President who do not owe their selection to the judgment of some incumbent deputy attorney general.

The deputy also recommends appointments of legal personnel to the Depart

ment and is thus responsible for the employment of qualified lawyers to staff the various divisions and bureaus. (See Appendix IV.)

The Executive Office for United States Attorneys and the Executive Office for United States Marshals are units of the deputy's organization, and he recommends appointment of candidates for those posts in the 92 judicial districts into which the country is divided for administrative purposes. There are 184 U.S. attorneys and marshals all told, and they are the field forces-the "grass roots" staff, as it were-of the Department of Justice, in the front line of law enforcement. The direction of their activities sometimes transcends the routine and escalates into virtual command of fighting forces on the battlefields of law and order. (See page 67.)

The deputy is the Department's liaison with Congress. Proposed legislation prepared in the Department or in which the Department has an interest is transmitted to Congress through his office, and he frequently testifies before Congressional committees in support of or in opposition to measures under consideration.

In the exercise of his functions and responsibilities, the deputy attorney general combines policy-making with administration of policy. He participates in the formulation of departmental policies and, as a principal consultant of the Attorney General, indirectly, and to a limited extent, in those domestic and international policies that evolve from the Attorney General's role as legal adviser to the President and his Cabinet.

Prior to the administration of Attorney General Herbert Brownell, Jr., the deputy ranked third in the official hierarchy. The solicitor general was in the Number Two spot and was acting Attorney General in case of a vacancy or in the absence of the Department head. Even in third place, however, the deputy's role in the management of the Department was, in practice, that of first assistant to the Attorney General.

Even though the incumbent is seldom in the public eye, the deputy attorney general's job is prestigious. Several deputies have become Attorney General— recent examples being William P. Rogers, who succeeded Brownell; Nicholas de B. Katzenbach, who succeeded Robert F. Kennedy; and Ramsey Clark, who replaced Katzenbach when the latter went to the State Department. At least one deputy, Stanley F. Reed, went from that office to be associate justice of the Supreme Court.

The deputy attorney general is selected by the Attorney General, but his nomination is sent to the Senate by the President and must be confirmed by the Senate.

The Solicitor General

The solicitor general of the United States appears more often in the Supreme Court than any other lawyer. He is the government's advocate in cases brought by the Justice Department or other federal agencies; he is the government's defender when private litigants carry cases involving federal interests to the high court. Since a majority of cases heard by the Court involve government interests, the solicitor general has more business before that tribunal than any private attorney.

The office was created by the Act of June 22, 1870, which established the Department of Justice and was the only new office created by that Act, which specified that the incumbent must be "learned in the law." Since that time, with rare exceptions, incumbents have been selected because of their legal attainments and effectiveness in presenting to the Supreme Court the government's arguments.

In 1870, and until 1952, as noted, the solicitor general was the second ranking official of the Department, serving as acting Attorney General when occasion required. He was relieved of that responsibility in 1952 and now is free from administrative duties except those of his own office. This enables him to devote his time more fully to acting as the government's Supreme Court lawyer. Although third in the official line, he would be acting Attorney General only in the unlikely event of both the Attorney General and the deputy being unable, for any reason, to perform their official duties.

Except for such higher authority as might be exercised by the Attorney General in rare circumstances, the solicitor general has sole jurisdiction to decide which government cases are appealed to the Supreme Court or other appellate courts. If a lower court decision is adverse to the government, it is

the solicitor's function to determine whether the issues are important enough to justify an appeal and whether the government's case is good enough to afford reasonable chances of an appellate victory. If he says no appeal, there is none. When an appeal is taken, the preparation of briefs and other documents is supervised by the solicitor. He is assisted by a small staff and collaborates with other departmental lawyers having special knowledge of the pertinent law and issues.

The solicitor general supervises all oral arguments in the Supreme Court and personally argues the more important government cases. He may assign other members of his staff, other departmental lawyers, or counsel for other Departments or agencies, but the responsibility to see that the government's case is effectively presented is his. He may conduct and argue in any court in the land any case in which the federal government is interested, but, as a practical matter, such cases are handled by U.S. attorneys in the districts, or by departmental counsel especially assigned.

The solicitor wears the traditional morning coat and striped trousers when he appears in the Supreme Court. Thus clad, he stands before the lectern and presents the Department's arguments and answers the questions of the justices. On most days when cases are being heard, he is present at the table where participating lawyers sit. There is always a quill pen on the table in front of him, but not since the earliest days has a solicitor been known to use one.

Like the deputy attorney general, the solicitor general is chosen by the Attorney General, nominated by the President, and confirmed in his office by the Senate.

The Office of Legal Counsel

The assistant attorney general in charge of the Office of Legal Counsel is often described as "the Attorney General's lawyer," because of his responsibility for preparing the formal opinions of the Attorney General, rendering informal opinions and legal advice to the various government agencies, and assisting the Attorney General in the performance of his functions as legal adviser to the President and the Cabinet.

Opinions originating in the Office of Legal Counsel have guided Presidents in many famous executive decisions. For example, in 1940, the "Lend-Lease" opinion of Attorney General Robert H. Jackson gave President Roosevelt legal authority to transfer American destroyers to England in return for the right to establish naval and air bases in British possessions. In 1957, the Office of Legal Counsel justified the use of federal troops in Little Rock, Arkansas, to enforce a court order that the schools be segregated. And in 1963, the Office devised the basis for the quarantine of Cuba during the missile crisis.

All proposed executive orders and proclamations are reviewed and revised for form and legality in the Office before final submission to the President. It also reviews and revises regulations that require the approval of the President or the Attorney General. Also, it performs the legal work entailed by gifts and bequests to the governmnt.

American participation in the United Nations and related international organizations requires coordination with other government departments, and this work is done for the Department of Justice in the Office of Legal Counsel. In the domestic area, the Office is responsible for supervision of studies and recommendations for the improvement of administrative procedures of the various federal agencies. In addition, it has direct supervision over the handling of all conscientious objector cases, other than criminal prosecutions.

The Office was established in 1933, pursuant to an Act of Congress. It was first headed by an assistant solicitor general. In 1951, Attorney General J. Howard McGrath gave it division status with an assistant attorney general in charge, and named it the Executive Adjudications Division. This was changed to Office of Legal Counsel in an administrative order by Attorney General Brownell, issued April 3, 1953.

THE PRINCIPAL PARTS

Maintenance of law and order is the most essential function of government. Since the Department of Justice is not only the government's law office, but also the government's central agency for enforcement of the federal laws, its responsibilities are heavy. To discharge them, in addition to the officials

described above, there are under the Attorney General's direction eight assistant attorneys general (each the head of a division), the director of the Federal Bureau of Investigation, the director of the Bureau of Prisons, and the commissioner of Immigration and Naturalization.

All of these men, some of whom direct very large numbers of employees, are responsible to the Attorney General for the conduct of their offices. The assistant attorneys general are his personal selections, and-as in the case of the deputy attorney general and the solicitor general-their nominations are sent to the Senate by the President, and they must be confirmed by the Senate. The directors of the FBI and of the Bureau of Prisons and the commissioner of Immigration and Naturalization are appointed by the Attorney General and do not require Senate confirmation.

Two boards complete the roster of principal parts of the Department. The Board of Immigration Appeals is a quasi-judicial body in the Office of the Attorney General. It has jurisdiction to review cases certified by the Immigration and Naturalization Service (see Chapter -). The Board of Parole has sole authority to grant, modify, or revoke paroles of all U.S. prisoners. Its eight members are appointed by the President with the advice and consent of the Senate.

Including the assistant attorney general in charge of the Office of Legal Counsel, whose special place in the organization as "the Attorney General's lawyer" has already been described, there are nine assistant attorneys general in the Department of Justice today.

One of them, the assistant attorney general in charge of the Administrative Division, occupies the top Civil Service position in the Department. He is the Department's housekeeper and business manager, responsible for the preparation of the budget; recruitment, replacement, training and classification of personnel; disbursement of and accounting for all expenditures; collection and compilation of statistics; purchase of supplies and equipment; allotment and utilization of space and services; transportation; receipt and distribution of mail; maintenance and disposition of records; and supervision of the library, which contains more than 200,000 volumes on law and related subjects.

The other assistant attorneys general head the following divisions, the organization and functions of which will be detailed in subsequent chapters:

Civil Rights, which enforces the Civil Rights acts of 1957, 1960, and 1964 and the Voting Rights Act of 1965;

Antitrust, which administers the Sherman Act, the Clayton Act, and other laws to preserve the competitive nature of the free enterprise system;

Tax, which acts as counsel for the Internal Revenue Service in controversies between the government and citizens over the payment of taxes;

Civil, which represents the rights and interests of the U.S. Government in all of its litigation other than criminal;

Land and Natural Resources, which protects the federal government's ownership, conservation, and use of land and related natural resources;

Internal Security, which enforces all laws relating to treason, espionage, sedition, and sabotage;

Criminal, which enforces several hundred federal criminal statutes, especially in the field of organized crime and racketeering.

In 1964, Attorney General Kennedy established the Office of Criminal Justice, a special section headed by a director, and in 1966, Congress transferred from the Department of Commerce to the Justice Department the Community Relations Service, a special agency set up to supplement the Civil Rights Division in dealing with problems that arise locally as a result of efforts to enforce the civil rights laws.

Arms of the Law

The Judiciary Act of 1789 divided the country into judicial districts and provided that in each district "a meet person learned in the law" be appointed to "act as attorney for the United States." His duties were "to prosecute all delinquents for crimes and offenses cognizable under the authority of the United States, and all civil actions in which the United States shall be concerned."

Section 27 of the Act provided for a marshal in each district to execute "all lawful precepts directed to him and issued under authority of the United States."

That was more than 175 years ago, and the jobs were relatively easy. Today, the U.S. attorneys in the 92 districts into which the country is divided file more than 60,000 cases a year and receive more than 120,000 criminal complaints. The marshals, during an average year, will have in custody at different times a total of more than 80,000 prisoners and serve nearly 1 million "lawful precepts." Only the most farseeing could have envisioned the time when these two arms of the law would deal with the lives and affairs of so many citizens.

Very early in the history of the United States, the offices of district attorney and marshal became political plums. Support of a candidate for federal office frequently was rewarded by appointment to law enforcement posts, and incumbents usually were men of stature and political influence in their districts. Almost invariably, they were stalwarts of the party in power, and, to a lesser degree, this is still true; no district attorney or marshal is likely to be appointed or removed without the approval of his Senator or Congressman. Incumbents seldom appoint deputies or clerks without consulting local political leaders.

Before 1896, district attorneys were paid by fees, which, in busy districts, could produce a substantial income. They were also allowed to engage in private practice, but they were required to keep regular hours in their public offices and could not transact private business there. Marshals also were paid by fees. The fee system was abolished and salary scales graduated to the volume of business in the district-the incumbents in the southern district of New York, for example, get larger salaries than in Alaska-but it was not until after 1950 that all federal attorneys were forbidden private practice.

Control of district attorneys and marshals was not centralized in the early days. Those officials were chiefly directed by the district judges, who themselves were subject to few rules of procedure and ran their courts pretty much as they pleased. Federal judges now must conform to rules of procedure prescribed by Congress and the Judicial Conference of the United States which attorneys and marshals must also observe, as well as regulations promulgated by the Attorney General of the United States. They were brought under control of the Attorney General by an act of August 2, 1861, in which Congress directed that:

"The Attorney General of the United States be, and he is hereby charged with the general superintendence and direction of the attorneys and marshals of all the districts of the United States and territories, as to the manner of their discharging their duties; and the said district attorneys and marshals are hereby required to report to the Attorney General an account of their official proceedings and the state and manner of their respective offices at such time and manner as the Attorney General shall direct."

As described above, direction of the activities of U.S. attorneys is under the supervision of the deputy attorney general. Work of the U.S. marshals is directed by a chief marshal and an assistant to the deputy attorney general.

District attorneys and marshals are appointed by the President for terms of four years, subject to confirmation by the Senate. A district attorney is responsible for the prosecution of all offenses in his district against the United States and prosecutes or defends all civil actions or proceedings in which the government is concerned. A marshal's duties include attendance at the terms of U.S. courts in his district; custody and transportation of prisoners; execution of warrants and judgments of the courts; and disbursement of funds appropriated to his office, including payment of his own salary, salaries of his staff, and the salaries of the judges in his district. In a sense, the marshals are the administrative officers of the district courts.

That the Peace Be Kept

"There is a peace of the United States," the Supreme Court said in 1890, in the case of in re Neagle. "We hold it to be an incontrovertible principle that the government of the United States may, by means of physical force exercised through its official agents, execute on every foot of American soil the powers and functions that belong to it."

Marshals are federal guardians of the peace. Attorney General Homer Cummings called them "the first line of defense on occasions of public disturbance." In that role, they have earned a place in history. They have been called upon to act in such labor disputes as the Pullman strike in 1894, to