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

deal with hostile Indians, and to cope with the bad men of the West in frontier days.

Many of the disturbances of the Wild West were between individuals, and the six-shooter was the instrument of pacification. But there were lone bandits and gangs of outlaws, who robbed the mails, stole the gold being transferred by Wells Fargo, held up trains, rustled horses and cattle, and even despoiled the wagon trains of settlers. Marshals shared the peace-keeping responsibilities of those lawless times with federal troops, but they were the civilian enforcement officers whose horses were always saddled and whose lives depended on being quicker on the draw than the desperado.

During that period, competent district attorneys were hard to find. Most of them found it necessary to derive income from sources other than the fees they were paid by the government. Unscrupulous actions were reported to Washington but received little attention; after all they were isolated cases in a land that was far away. When Brigadier General Garland, commanding troops in New Mexico, demanded the removal of one district attorney, he described the official as "notoriously the greatest liar and blackguard in New Mexico."

The 1789 Judiciary Act provided that marshals might summon troops in their district to aid them in quelling disorders. They used that authority in the South in Reconstruction days to an extent that annoyed citizens and the military; in 1878, Congress rescinded it. Since then, marshals have cooperated with soldiers in restoring order and preserving peace, but no civilian officer has commanded federal troops. If federal forces are needed now, they are ordered out by the President.

Civil Rights Enforcement

As officers of the courts, district attorneys and marshals have a duty to enforce the judgments of the courts. In recent years, this duty has involved them in "occasions of public disturbance" arising from resistance to court orders in civil rights cases. When it became evident that state authorities would offer forcible resistance to enrollment, under a court order, of James Meredith at the University of Mississippi, marshals were sent to effect his registration. They were reinforced by border patrolmen and Bureau of Prisons personnel and troops. In his 1962 report, the deputy attorney general stated laconically that "after quelling a riot with the assistance of the United States Army, Mr. Meredith's registration was effected."

In June, 1963, marshals assisted three Negroes in gaining admission to the University of Alabama; in 1964, deputy marshals were stationed at the University of Mississippi and the University of Alabama to ensure the safety of Negro students. Earlier, the widely publicized enforcement of court orders to admit Negroes to a segregated public school in Little Rock, Arkansas, saw the Justice Department dispatching a force of marshals recruited from other areas and President Eisenhower reinforcing them with federal troops. Confronted with this array of federal force and bulwarked by legal actions instituted by the district attorney under the supervision of an assistant attorney general, the governor of the state retreated from his position, and Negroes entered the school unmolested.

In 1964, deputy marshals were assigned to protect a federal judge in Montgomery, Alabama, whose life had been threatened. They maintained order during hearings conducted by the Subversive Activities Control Board in Portland, Oregon, by the House Committee on Un-American Activities in Chicago, and by the United States Commission on Civil Rights in Jackson, Mississippi. Marshals also guard witnesses and their families in trials of members of crime syndicates, and witnesses who testify before grand juries; in 1964, they maintained order and security control in a trial of fourteen defendants in a narcotics case in New York.

The chapters that follow, describing the work of the separate divisions, tell more of the civil rights and other Department activities in which the U.S. attorneys and marshals serve.

APPENDIX I.-AN ACT TO ESTABLISH THE DEPARTMENT OF JUSTICE (FORTY-FIRST CONGRESS, SESS. II, 1870)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be, and is hereby

established an executive department of the government of the United States, to be called the Department of Justice, of which the Attorney-General shall be the head. His duties, salary, and tenure of office shall remain as now fixed by law, except so far as they may be modified by this act.

SEC. 2. And be it further enacted, That there shall be in said Department an officer learned in the law, to assist the Attorney-General in the performance of his duties, to be called the solicitor-general, and who, in case of a vacancy in the office of Attorney-General, or in his absence or disability, shall have power to exercise all the duties of that office. There shall also be continued in said Department the two other officers, learned in the law, called the assistants of the Attorney-General, whose duty it shall be to assist the Attorney-General and solicitor-general in the performance of their duties, as now required by law.

SEC. 3. And be it further enacted, That from and after the time when this act takes effect, the solicitor of the treasury and his assistants, the solicitor of internal revenue, the solicitor and naval judge advocate general, who shall hereafter be known as the naval solicitor, and the clerks, messengers, and laborers employed in the office of the Attorney-General, and in the offices of the solicitor of the treasury, naval solicitor, and solicitor of internal revenue, and the law officer in the Department of State, now designated as the examiner of claims in said Department, shall be transferred from the Department with which they are now associated to the Department of Justice; and said officers shall exercise their functions under the supervision and control of the head of the Department of Justice.

SEC. 4. And be it further enacted, That questions of law submitted to the Attorney-General for his opinion, except questions involving a construction of the Constitution of the United States, may be by him referred to such of his subordinates as he may deem appropriate, and he may require the written opinion thereon of the officer to whom the same may be referred; and if the opinion given by such officer shall be approved by the Attorney-General, such approval so indorsed thereon shall give the opinion the same force and effect as belong to the opinions of the Attorney-General.

SEC. 5. And be it further enacted, That whenever the Attorney-General deems it necessary, he may require the solicitor-general to argue any case in which the government is interested before the court of claims; and as to cases coming by appeal from the court of claims to the Supreme Court of the United States, it shall be the duty of the Attorney-General and solicitor-general to conduct and argue them before that court as in other cases in which the United States is interested. And the Attorney-General may, whenever he deems it for the interest of the United States, conduct and argue any case in which the government is interested, in any court of the United States, or may require the solicitor-general or any officer of his Department to do so. And the solicitorgeneral, or any officer of the Department of Justice, may be sent by the Attorney-General to any State or district in the United States to attend to the interests of the United States in any suit pending in any of the courts of the United States, or in the courts of any State, or to attend to any other interest of the United States; for which service they shall receive, in addition to their salaries, their actual and necessary expenses, while so absent from the seat of government, the account thereof to be verified by affidavit.

SEC. 6. And be it further enacted, That whenever a question of law arises in the administration, either of the War or Navy Department, the cognizance of which is not given by statute to some other officer from whom the head of either of these Departments may require advice, the same shall be sent to the Attorney-General, to be by him referred to the proper officer in his Department provided for in this act, or otherwise disposed of as he may deem proper; and each head of any Department of the government may require the opinion of the Attorney-General on all questions of law arising in the administration of their respective Departments.

SEC. 7. And be it further enacted, That the duties enjoined upon the auditor of the Post-Office Department by the fourteenth section of the act entitled "An act to change the organization of the Post Office Department, and to provide more effectually for the settlement of the accounts thereof," passed July two, eighteen hundred and thirty-six, shall hereafter be performed by some officer of the Department of Justice, to be especially designated, under the direction of the Attorney-General, who shall also have the care of prosecutions for mail depredations and penal offenses against the postal laws.

SEC. 8. And be it further enacted, That the Attorney-General is hereby empowered to make all necessary rules and regulations for the government of said Department of Justice, and for the management and distribution of its business.

SEC. 9. And be it further enacted, That the several officers hereinbefore transferred from the other Departments to the Department of Justice shall hold their respective offices until their successors are duly qualified; and the solicitor-general, and whenever vacancies occur, the assistants of the AttorneyGeneral, and all the solicitors and assistant solicitors mentioned in this act, shall be appointed by the President, by and with the advice and consent of the Senate. All the other officers, clerks, and employees in the said Department shall be appointed and be removable by the Attorney-General.

SEC. 10. And be it further enacted, That the following annual salaries shall be paid to the officers hereinbefore mentioned: To the solicitor-general, seven thousand five hundred dollars; to each of the assistants of the AttorneyGeneral, five thousand dollars each; to the solicitor of the internal revenue, five thousand dollars; and to the other officers the salaries and fees now allowed by law; and the Attorney-General shall be allowed a stenographic clerk, with an annual salary of two thousand dollars, and he may appoint three additional clerks of the fourth class.

SEC. 11. And be it further enacted, That all moneys hereafter drawn out of the treasury upon the requisition of the Attorney-General, shall be disbursed by such one of the clerks herein provided for the Attorney-General as he may designate; and so much of the first section of the act making appropriations, passed March three, eighteen hundred and fifty-nine, as provides that moneys drawn out of the treasury upon the requisition of the Attorney-General shall be disbursed by such disbursing officer as the Secretary of the Treasury may designate, is hereby repealed.

SEC. 12. And be it further enacted, That it shall be the duty of the AttorneyGeneral to make an annual report to Congress, in January each year, of the business of the said Department of Justice, and any other matters appertaining thereto that he may deem proper, including the statistics of crime under the laws of the United States, and, as far as practicable, under the laws of the several States.

SEC. 13. And be it further enacted, That the superintendent of the treasury building shall provide such suitable rooms in the treasury building as may be necessary to accommodate the officers and clerks of the said Department, or, to the extent that that may be found impracticable, to provide such rooms in some other building in the vicinity of said treasury building.

SEC. 14. And be it further enacted, That the Attorney-General may require any solicitor or officers of the Department of Justice to perform any duty required of said Department or any officer thereof; and the officers of the law department, under the direction of the Attorney-General, shall give all opinions and render all services requiring the skill of persons learned in the law, necessary to enable the President and heads of the executive Departments, and the heads of bureaus and other officers in such Departments to discharge their respective duties; and shall, for and on behalf of the United States, procure the proper evidence for, and conduct prosecute, or defend all suits and proceedings in the Supreme Court of the United States and in the court of claims, in which the United States, or any officer thereof, is a party or may be interested. And no fees shall be allowed or paid to any other attorney or counsel[1]or at law for any service herein required of the officers of the Department of Justice.

SEC. 15. And be it further enacted, That the supervisory powers now exercised by the Secretary of the Interior over the accounts of the district attorneys, marshals, clerks, and other officers of the courts of the United States, shall be exercised by the Attorney-General, who shall sign all requisitions for the advance or payment of moneys out of the treasury, on estimates or accounts, subject to the same control now exercised on like estimates or accounts by the first auditor or first comptroller of the treasury.

SEC. 16. And be it further enacted, That the Attorney-General shall have supervision of the conduct and proceedings of the various attorneys for the United States in the respective judicial districts, who shall make reports to him of their proceedings, and also of all other attorneys and counsel [1]ors employed in any cases or business in which the United States may be concerned.