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Report of the Proceedings of a Special Session of the Judicial Conference of the United States

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Report of the Proceedings of a Special Session of the Judicial Conference of the United States • REPORT OF THE PROCEEDINGS OF A SPECIAL SESSION OF THE JUDICIAL CONFERENCE OF THE UNITED STATES MAY 8, 1953 WASHINGTON, D. C • .~ . F TITLE 28. UNITED STATES CODE, SECTION 331 $ 881. Judicial Conference of the United States. The Chief Justice of the United States shall summon annually the chief judges of the judicial circuits to a conference at such time and place in the United States as he may designate. He shall preside at such conference which shall be known as the Judicial Conference of the United States. If the chief judge of any circuit is unable to attend, the Chief Justice may summon any other circuit or district judge from such circuit. Every judge sum­ moned shall attend and, unless excused by the Chief JustIce, shall remain throughout the conference and advise as to the needs of his circuit and as to any matters in respect of which the administration of justice in the courts of the United States may be improved. The conference shall make a comprehensive survey of the condition of business _ In the courts of the United States and prepare plans for assignment of Judges to ., or from circuits or districts where necessary, and shall submit suggestions to the various courts, in the interest of uniformity and expedition of business. The Attorney General shall, upon request of the Chief Justice, report to such conference on matters relating to the business of the several courts of the United States, with particular reference to cases to which the United States is a party. The Chief JUstice shall submit to Congress an annual report of the proceedings of the Judicial Conference and its recommendations for legislation. (II) TABLE OF CONTENTS Page Additional judgeships for the Western District of Pennsylvania____ .. _____ :3 Rules adopted by Courts of Appeals for review or enforcement of orders of administrative agencies_ _ _ __ ___ __ _ _ _ __ _ __ _ __ __ __ __ __ __ __ __ _ _ _ 4 A bill to prohibit the imposition of concurrent sentences________________ 4 Maintenance expenses of judges_ __ __ _ __ __ __ __ __ ___ _ __ _ __ ___ _ __ _ __ __ _ 5 Report of the Committee on Maintenance Expen..<;es of Judges: Preliminary statement_ _ _ _ _ __ ____ __ ___ ___ __ _ __ ___ __ __ _ _ __ _ 5 Legislative history ___ ___ ____ __ ___ ___ __ _ ___ _ __ ____ __ __ _ __ __ _ 6 Administrative construction: Evans case_ _ _ _____ __ ___ _________ _ ________ _ __ _____ __ 7 Buffington case_____ _ _ __ _ __ ___ __ _ _ __ __ __ __ _ _ _ ______ __ _ _ 9 Jenney case___________________________________________ 9 Practices under the act___ __ __ ___ __ __ __ __ ___ _ __ _ _ __ ___ __ _ __ _ 10 The construction of the former phrase "actual residence" and the term "residence" in the act_ ___ __ ____ ___ __ _ ____ __ _ _ __ __ __ _ 14 Appendix I Memorandum of the statutes from which the last two paragraphs of 28 U. S. C. § 456 were derived and statutes that may have relation thereto_ ____ _ __ _ _ _ __ __ __ __ __ __ __ ___ 17 Attachment for Appendix I: Legislative history of section 259 of the Judicial Code of 1911_________________________________________ 20 Payment of traveling and other expenses of United t States Judges-Report of Senate Judiciary Com­ mittee on S. 9693 dated Feb. 13, 191L____________ _ 23 Letter from Attorney General Wickersham to Chairman 1911Parker __________________________________________ of House Judiciary Committee dated Feb. 22, _ 25 Letter from Attorney General Wickersham to Chairman Parker of House Judiciary Committee dated Feb. 23, 1911___________________________________________ 25 Traveling expenses of United States Circuit and District Court Judges-Report of House Judiciary Committee on S. 9693 dated Feb. 24,1911.___________________ 27 Excerpt from Congressional Record, House of Repre­ sentatives, Feb. 15, 191 L __ _ ____ __ _ ___ __ ___ ____ __ 28 Excerpt from Congressional Record, House of Repre­ sentatives, Mar. 2,1911._________________________ 31 Appendix II Administrative construction of the law dealing with maintenance expenses of judges___________________ 44 In the Department of Justice: The Buffington case_____ __ __ __ __ __ __ __ ____ ___ __ 44 The Evans case_______________________________ 47 In the Administrative Office of the United States Courts and the Judicial Conference of the United States: The Jenney case_______________________________ 56 The Garrecht case_ __ ___ __ _ __ ___ __ __ __ __ _______ 65 Thein Inquiry1952____ of .________________________________ Representatives Hillings and Budge 68 (1) 2 Page Appendix III-Residence of Judge Healy____________________ - ---- 72 Appendix IV-Residence of Judge Pope___ ~--- ______ - ---- --- 85 Appendix V-Residence of Judge MajoT_______________ ----------- 96 Appendix VI-Residence of Judge Swaim _ _ ___ _ _ __ _ _ - 101 Report of the Proceedings of a Special Session of the Judicial Conference of the United States Special Session-May 8, 1953 A special session of the Judicial Conference of the United States was convened by the Chief Justice on May 8, 1953, and continued in session 1 day. The Chief Justice presided and members of the Conference were present as follows: Circuit: District of Columbia______________. Chief Judge Harold M. Stephens. First______________________________ Chief Judge Calvert :\,lagruder. Second____________________________ Circuit .Tudge Augustus N. Hand. (Designated by the Chief Justice in place of Cbief Judge Thomas W. Swan who was unable to attend.) Third_____________________________ Chief Judge John Biggs, Jr. Fourtb____________________________ Chief Judge John J. Parker. Fifth_____________________________. Chief Judge Joseph C. Hutcheson. Sixth_____________________________. Chief Judge Oharles C. Simons. Seventh___________________________ Chief Judge J. Earl Major. Eighth____________________________ Chief Judge Archibald K. Gardner. Ninth_____________________________ Circuit Judge Albert Lee Stephens. (Designated by the Chief Justice in place of Chief Judge William Denman who was unable to attend.) Tenth_____________________________ Chief Judge Orie IJ. Phillips. Circuit Judge Albert B. Maris, a member of the committee on maintenance expenses of judges, attended the Conference. Henry P. Chandler, director; Elmore Whitehurst, assistant di­ rector; Will Shafroth, chief, Division of Procedural Studies and Statistics; and Leland L. Tolman, chief, Division of Business Administration, all of the Administrative Office of the United States Courts, also attended the Conference. ADDITIONAL JUDGESHIPS FOR THE WESTERN DISTRICT OF PENNSYLVANIA At the special session held March 26, 27, 1953, the Conference recommended the creation of two additional judgeships for the Western District of Pennsylvania, with a proviso that the first vacancy occurring in this district should not be filled. (Rept. p. 4.) (3) 4 The temporary judgeship was recommended because of the serious ., illness of one of the judges of that district. This judge has since ., died. Upon re-examination of the situation in the light of this changed condition the Conference was of the opinion that the tem­ porary judgeship is nevertheless still needed and reaffirmed its previous recommendation. RULES ADOPTED BY COURTS OF ApPEALS FOR REVIEW OR ENFORCE­ MENTOF ORDERS OF ADMINISTRATIVE AGENCIES Section 11 of Public Law 901 of the Slst Congress (64 Stat. 1132, 5 U. S. C. Supp. V § 1041) provides for the adoption, subject to the approval of the Judicial Conference, of rules covering the practice and procedure in proceedings to review or enforce orders of certain administrative agencies. The Conference approved rules adopted pursuant to this pro­ vision by the Courts of Appeals for the Seventh and Ninth Circuits. The Conference also approved amendments adopted by the Court of Appeals of the District of Columbia Circuit, of a rule heretofore adopted by that court and approved by the Conference at its Sep­ tember 1952 session (Rept., p. 23). , A BILL To PROHIBIT THE IMPOSITION OF CONCURRENT SENTENCES The Director of the Administrative Office informed the Confer­ ence that the Judiciary Committee of the House of Representa­ tives had requested an expression of views with regard to a bill (H. R. 4315) entitled "A bill to prohibit the imposition of con­ current sentences in certain cases." The bill provides that no sentence of imprisonment imposed for a violation of Title 18 of the United States Code, which is the Federal Criminal Code, shall be served concurrently with another sentence of imprisonment im­ posed for a violation of that title. It further provides that no sen­ tence of imprisonment imposed by the United States District Court for the District of Columbia or the Municipal Court of the District of Columbia for violation of any law which relates solely to the District of Columbia shall be served concurrently with another sentence of imprisonment imposed for a violation of such a pro>­ vision or of Title 18 of the United States Code. The Conference, after consideration, disapproved the proposed legislation. _l~' 5 MAINTENANCE EXPENSES OF JUDGES Judge Phillips, chairman, presented a report of the committee appointed to study maintenance expenses of judges under section 456 of Title 28, United States Code, pursuant to the resolution of the Conference at its special session of March 26, 27, 1953 (Rept., p.13). After consideration the Conference approved the report as sub­ mitted. Judge Major did not vote on the adoption of the report. Copies were directed to be transmitted to the Congress and to the General Accounting Office. The report is as follows: REPORT OF THE COMMITTEE ON MAINTENANCE
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