Hearings on allegations and charges made against the Justice Department under Attorney General A. Mitchell Palmer. Focus chiefly on raids and attacks on subversives, Bolsheviks, and activities involving aliens and deportations. U.S. Congress. Senate. Committee on the Judiciary. Charges of illegal practices of the Department of Justice. Hearings, 66th. Congress, 3rd session. Washington, U.S. Govt. Print. Off., 1921, 788pp. Hearings held January 19 to March 3, 1921. Hearings examining the charges and allegations of the National Popular Government League regarding Attorney General A. Mitchell Palmer's wartime powers and attacks on so-called subversives. U.S. Congress. Senate. Committee on the Judiciary. Richard G. Kleindienst Louis Patrick Gray III [and] Richard G. Kleindienst-Resumed. Hearings, 92nd Congress, 2nd session. Washington, U.S. Govt. Print. Off., 1972. 1751pp. Hearings held January 22-23; March 2-3, 6-10, 14X16, 26, 29; April 10-14, 17X20, and 27. Hearings on the confirmation of Richard G. Kleindienst to be Attorney General of the United States. Discussion of Justice Department involvement in ITT activities; basic documents on ITT case and antitrust policy of the Department. Watters, Pat and Stephen Gillers, eds. Investigating the F.B.I. New York: Doubleday & Co., 1973. 518p. A collection of generally critical and analytical papers presented at a conference on the Federal Bureau of Investigation held at Princeton University in 1971. Both the conference and the book were sponsored by the Committee for Public Justice. Whitehead, Don. Attack on terror: the FBI against the Ku Klux Klan. New York, Funk & Wagnalls, 1970. 321pp. HV8141.W44 Laudatory account of FBI infiltration of the Ku Klux Klan during the civil rights demonstrations of the late 1950's and 1960's. Case material; some discussion of Bureau relationships with local law enforcement agencies and the Justice Department. The FBI Story. New York, Random House, 1956. 368pp. HV8141.W45 Laudatory and semi-official account of the activities and operations of the FBI. Emphasis on cases and success of Bureau in combating subversives and crime. [From the Library of Congress, Congressional Research Service, Dec. 13, 1961] U.S. DEPARTMENT OF JUSTICE, SELECTED REFERENCES (Prepared by Paul M. Downing, History and Government Division) Carr, Robert K. Federal Protection of Civil Rights: Quest for a Sword. Ithaca, N.Y., Cornell Univ., 1947. Cummings, Homer S. Federal Justice; Chapters in the History of Justice and the Federal Executive. New York, Macmillan, 1937. Selected Papers of Homer Cummings, Attorney General of the United States, 1933-39. Edited by Carl B. Swisher, New York, Scribner, 1939 [The nation's largest law office; crime control; the courts, the Constitution and the New Deal; reform of Federal practice and procedure; judicial reform; administration of Federal justice.] Selected Addresses of Homer Cummings, Attorney General of the United States, 1933-1939. Washington, U.S. Govt. Print. Off., 1939. [The Department of Justice; the Constitution and the Supreme Court; the court plan; modernizing the judicial machinery; the gold clause cases; crime control; monopoly; law in a democracy; miscellaneous addresses.] Easby-Smith, James S. The Department of Justice; Its History and Functions. Washington, Lowdermilk, 1904. Godwin, John F. What Happens When Organizing Genius Is Applied to Government; How the United States Department of Justice Has Functioned at a Critical Period in the Nation's History, and How Order has Succeeded War's Chaos. Washington, 1924. Harker, Oliver A. The Supervision of United States District Attorneys by the Attorney General in Criminal Cases. Urbana, Univ. of Illinois, 1913. Kay, Sewall. The Legal Work of the Federal Government; A Study in a Problem of Governmental Organization. [No publisher given], 1938. Langeluttig, Albert G. The Department of Justice in the United States. Baltimore, Johns Hopkins Press, 1927. [Part. I. History, Organization, and Functions; Part II. Problems in the Administration of Federal Law-emphasis on penology and crime detection]. National Popular Government League. To the American People; Report Upon the Illegal Practices of the United States Department of Justice. R. G. Brown, Zachariah Chafee, Jr. and others. Washington, D.C., National Popular Government League, 1920. [Prepared by a committee of twelve lawyers, May, 1920.] Norton-Kyshe, James W. The Law and Privileges Relating to Colonial Attorneys-General and to the Officer Corresponding to the Attorney-General of England in the United States of America. London, Stevens and Haynes, 1900. GOVERNMENT PUBLICATIONS U.S. Congress. House. Committee on Rules. Attorney General A. Mitchell Palmer on Charges Made Against the Department of Justice by Louis F. Post and Others. Hearings, 66th Congress, 2d Session. Washingtin, 1920. U.S. Congress. House. Committee on the Judiciary. Charges of Oscar E. Keller Against the Attorney General and the Attorney General's Answers Thereto, 67th Congress, 3d Session, on H. Res. 425. Washington, 1922. U.S. Congress. House. Committee on the Judiciary. Investigation of the Department of Justice. Hearings Before the Special Subcommittee to Investigate the Department of Justice, 82d Congress, 2d Session, Washington, 1952–53. U.S. Congress. House. Committee on the Judiciary. Investigation of the Department of Justice. Hearings Before the Special Subcommittee to Investigate the Department of Justice, 83d Congress, 1st Session. Washington, 1953. U.S. Congress. House. Committee on the Judiciary. Investigation of the Department of Justice. Report to the Committee on the Judiciary by the Subcommittee to Investigate the Department of Justice, 83d Congress, 1st Session. Washington, 1953. U.S. Congress. House. Committee on the Judiciary. Investigation of the Department of Justice; Report to the Committee on the Judiciary by the Subcommittee to Investigate the Department of Justice, 83d Congress, 1st Session, 1954. U.S. Congress. Senate. Committee on Government Operations. Reorganization Plans Nos. 2, 3 and 4 of 1952. Hearings on. . . . Reorganization Plan No. 4 of 1952, Reorganizations in the Department of Justice, 82d Congress, 2d Session, Washington, 1952. U.S. Congress. Senate. Committee on Government Operations. Reorganization Plan No. 4 of 1952, Providing for Reorganizations in the Department of Justice; Report and Minority Views to Accompany S. Res. 330. Washington, 1952. U.S. Congress. Senate. Committee on the Judiciary. Charges of Illegal Practices of the Department of Justice. Hearings Before a Subcommittee of the Committee on the Judiciary, 66th Congress, 3d Session, on "Report Upon the Illegal Practices of the United States Department of Justice," Made by a Committee of Lawyers on Behalf of the National Popular Government League. Washington, 1921. U.S. Department of Justice. Origin and Development of the Office of the Attorney General. Washington, 1929. U.S. President, 1953-(Eisenhower). Reorganization Plan No. 4 of 1953; Message from the President of the United States Transmitting Reorganization Plan No. 4 of 1953, Providing for Reorganizations in the Department of Justice. Washington, 1953. ARTICLES AND ADDRESSES Barnes, S. N. Inside the Justice Department. The Brief [Phi Delta Phi Legal Bransdorfer, S. C. Justice Department Lawyers: The Attorney General's Honor Brownell, H., Jr. As a Newcomer Sees the Department of Justice. Record of the Association of the Bar of the City of New York, v.8, May, 1953: 219–28. [ brief description of Department: Civil Division, Tax Division, Office of Alien Property, Lands Division, Indian Claims Commission, U.S. Attorneys]. Charters, E. J. A Lawyer Looks at the FBI. The Shingle [Philadelphia Bar Association], V. 16, Nov.-Dec., 1953:241-6, 278X82. [Personal experiences in criminal law enforcement]. Cummings, Homer S. The National Government's Law Office. Washington, U.S. Govt. Print. Off., 1938 [address]. Farnum, George R. The Department of Justice in the United States. Washington, 1929 [address]. Goldstein, E. M. Tax Division is Concerned Only With Litigation, Does Not Kay, Sewall. The Legal Work of the Federal Government. University Va., Virginia Law Review Association, 1938 [reprints of article from Virginia Law Review, v. 25, Dec., 1938]. [broad history of Department, with conclusion that conducting of Government's litigation in court is, and must be, consolidated in this one Department]. Learned, Henry B. The Attorney General and the Cabinet. Boston, Ginn, 1909 [reprint of Article from Political Science Quarterly, v. 24, no. 3]. Malone, R. L., Jr. Department of Justice: the World's Largest Law Office. American Bar Association Journal, v. 39, May, 1953:381-4. [general history and description of the divisions of the Department]. Rogers, W. P. Administration of Justice for the American People. Pennsylvania Bar Association Quarterly, v. 29, March, 1958:190. [distinguished Federal law from state and local law; violations of former apprehended by FBI, prosecuted by U.S. Attorneys; types of cases: tax evasion, espionage, Government contracts, antitrust cases, land claims, civil rights, prisons, immigration and naturalization]. [From the Library of Congress, Law Library, March 1974] (Prepared by Robert L. Nay, Assistant Chief, American-British Law Division) Great Britain does not have a Department of Justice nor an officer referred to in some countries as a Minister of Justice. There are several persons that perform the functions generally assigned to such an officer, including an Attorney General whose duties correspond to certain of the duties of the U.S. Attorney General. The Home Secretary and the Lord Chancellor share the largest portion of responsibility for the administration of justice. These two positions together with the Attorney-General are political appointments and change with the Government. All the executive officers below the level of the Ministry are subject to replacement only when a vacancy occurs and not everytime the Government changes. This form of stability provides for protection against the possibility that a political turnover might lead to radical changes in any aspect of the administration of justice or any other of the executive functions. This applies to all the assistant law officers and department legal advisors with the exception of the Solicitor General who is the Assistant Attorney-General. The Home Secretary is concerned with criminal law, law enforcement, the apprehending of criminals and their treatment following conviction. The Home Secretary is in direct control of the Metropolitan Police and appoints the Police Commissioner if a vacancy should occur. There is no British national force but the, London Metropolitan Police which include Scotland Yard as its investigatory branch is under the Home Office. None of the employees of the police agencies, including the Commissioner, are subject to political control or dismissal except for misconduct. The Home Secretary also appoints the Director of Public Prosecutions, if there is a vacancy. This officer works under the general supervision of the Attorney-General. The Director of Public Prosecutions handles only the gravest criminal offenses or important cases referred from the government departments. Under the Representation of People Act, 1949, he also is required to prosecute offenses related to illegal election practices. The Lord Chancellor is the head of the judiciary and is concerned with the composition of all the courts, some criminal procedure, and everything related to the civil law and its administration. He is a member of the Cabinet, the Speaker of the House of Lords, and in addition to recommending appointments to the High Court, he advises the Prime Minister as to other judicial appointments. The Attorney-General is the chief legal advisor to the Government and the various governmental departments. He is usually a member of the House of Commons but is not a member of the Cabinet. It is considered appropriate that he maintain a certain detachment from the Cabinet that may make decisions based on his advice. He may be called to sit at the meetings when questions of legal or constitutional significance are discussed. He is responsible for all Crown litigation, but personally appears only in cases involving serious constitutional issues or matters of particular public interest. The Attorney-General is responsible for the enforcement of the criminal law in the courts, but not any aspect of the apprehension of criminals or the pre-trial investigations. Decisions to prosecute or not are often made by him, and although he may consult with his political colleagues about the advisability of certain prosecutions there is a basic constitutional requirement that "however much of a political animal he may be when he is dealing with political matters, he must not allow political considerations to affect his actions in those matters in which he has to act in an impartial and even quasi-judicial way." 1 In 1926 a British Government fell largely because an Attorney-General yielded to Cabinet pressure and changed his mind about prosecuting a public figure.2 The Attorney General is considered the general protector of the public interest. Great Britain does not have a system of administrative courts to redress grievances brought about by executive action. Until recently, the only official check on maladministration, other than an appeal allowed by the involved statute or by judicial review through regular judicial channels, was that someone, including the press, might complain loudly enough to force the government to appoint a commission of inquiry. A relatively new investigating officer in the field of administrative justice is the Parliamentary Commissioner for Administration. A type of ombudsman, his primary function is to receive complaints against injustices suffered as the result of executive action, investigate them, and make a report to the Member of Parliament requesting the investigation. The emphasis is on the impartial investigation into executive maladministration. The Attorney-General, Lord Chancellor and Home Secretary are all political appointments and are out of office when the Government changes but the Parliamentary Commissioner is appointed by the Crown, and like the Director of Public Prosecutions, holds office during good behavior. He is removeable only at the request of both Houses of Parliament. Parliament has always been the place where constitutuent complaints are brought. This new office provides Parliament with an instrument by which these complaints can be more systematically handled. The Commissioner only investigates complaints given him by a Member of Parliament. He is excluded from the Departments of Foreign and Diplomatic Affairs, certain actions taken by hospital boards, criminal matters and commercial transactions as well as the activities of public corporations, nor may any action be investigated where a remedy is already available. The Commissioner has the same power as the High Court to examine witnesses under oath, call for the production of documents and require anyone in the involved department, from the Minister down, to furnish information. He can also look into the department files. The Government may prevent him from divulging information contrary to the public interest, but it cannot prevent him from reporting his findings based on that information. Where maladministration has been detected, the strength of the Parliamentary Commissioner's report and recommendations has been sufficient to remedy the situation or redress the grievance that precipitated the original complaint. 1 E. Jones. "The Office of Attorney-General." 27 Cambridge Law Journal 43, 50 (1969). 2 Id. If the department involved should not accept the Commissioner's findings, the Commissioner could lay a report of the deficiency before Parliament and a full scale inquiry could result. There is no provision for any further review of the Commissioner's findings, and there are no specific enforcement procedures provided. Since the office was created, voluntary compliance has been observed in every case. A bibliography of source materials for this summarized report is attached. The articles from the Cambridge Law Journal and The Journal of the Society of Public Teachers of Law, and chapter XXII from The English Legal System, comparing the French and English legal systems, are also enclosed. GREAT BRITAIN, BIBLIOGRAPHY BOOKS Jackson, Richard M. The machinery of justice in England. 6th ed. Cambridge, University Press, 1972. 590 p. KD7100.J3 See: Ch. VII, The outlook for reform, pp. 528–559. Keeton, George W. Government in action. London, Ernest Benn, Ltd., 1970. 271 p. JN234-1970.K44 Radcliffe, Geoffrey R. The English legal system. 5th ed. London, Butterworths, 1971. 472 p. E-Treat-Radc See: Ch. XXII, The legal system and the state, pp. 398-411. Wade, Emlyn C. and A. W. Bradley. Constitutional law. 8th ed. London, Longman, 1970. 767 p. E-Treat-Wade ARTICLES Compton, Edmund. "The Parliamentary Commissioner for administration." 10 [From the Library of Congress, Law Library, March 1974] (Prepared by (Mrs.) Jean V. Swartz, Senior Legal Specialist, American-British Law Division) 3 Canada's government practices and procedures are largely based on the parliamentary practices and procedures of Great Britain. There is very little statutory authority for the machinery of government. The British North America Act, 1867,1 states that the executive government and authority is vested in the Queen 2 and that the Governor General shall have all the powers, authorities and functions vested in him before the passage of the British North America Act. The Queen's Privy Council consisting of members of that Council chosen by the Governor General and subject to his power of removal shall aid and advise the Governor General. The term, Prime Minister, is not used in the Salaries Act which states "The Member of the Queen's Privy Council holding the recognized position of First Minister" when the salaries of the ministers and members of the Queen's Privy Council are given. The Cabinet is not authorized by any statute but has developed through custom.6 Although the executive power appears to be exercised by the Monarch acting through the Governor General as his representative, the Prime Minister and the Cabinet actually carry out the business of government, determining policies, promulgating laws, declaring war and making treaties and regulating the finances in the name of the Monarch or of the Governor General. At the same time they are dependent on the support of Parliament for the support of their activities. 130 & 31 Vict., c. 3 (consolidated with amendments). 2 Id. § 9. 3 Id. § 12. 4 Id. § 11. 5 Can. Rev. Stat. c. S-2, § 4 (1970). 6 R. Mac Dawson, The Government of Canada (5th ed. rev. 1970). 5 |