1961 CONGRESSIONAL RECORD- HOUSE 6283 substance, not the extravagance. They Freedom is born in pain, in struggle, in NOMINATIONS should report the thinking, not merely sacrifice. Our history reminds us of this. The man who asks only for stability in Executive nominations received by the some expressions of passion and emo­ Senate April 19, 1961: tion. They should report to the Ameri­ Africa is wrong. Stability for Africa is re­ can people what the leaders of countries garded by many to mean continued hunger, U.S. ATTORNEY sickness, poverty, and illiteracy. William T. Thurman, of Utah, to be U.S. or peoples are asking the world to under­ We welcome change for Africa and her stand, rather than indicate that public attorney for the district of Utah for the term peoples. That is why this Nation has pledged of 4 years, vice A. Pratt Kesler. meetings are but sessions at which the to share its resources-and we ask other na­ noisy, the impolite, the intemperate, or tions to share theirs-to help the African COMMISSION ON CIVIL RIGHTS the emotional can cause disturbances people make the economic and social prog­ The following-named persons to be m~­ which work their way into page 1 head­ ress-the changes toward which they strive. bers of the Commission on Civil Rights: lines, as a result of some emotional and We in America do not seek to dominate. Erwin H. Griswold, of Massachusetts. physical extravagances and abuses. We do not seek to control. We do not seek Spottswood W. Robinson III, of the Dis­ to tell Africans how to live or how to work trict of Columbia. Mr. President, I ask unanimous con­ or how to govern. We want only to share sent that excerpts from my remarks at what we know and what we have, so that the meeting on African Freedom Day be our African neighbors may build and grow CONFIRMATIONS printed at this point in the RECORD. as they choose. There being no objection, the excerpts Hunger, poverty, sickness, and illiteracy Executive nominations confirmed by were ordered to be printed in the RECORD, are the enemies of freedom and dignity. the Senate, April 19, 1961: We must join together-unite as one to as follows: GOVERNOR OF GUAM EXCERPTS OF REMARKS BY SENATOR HUBERT H. overcome these ancient enemies of humanity. William P. Daniel, of Texas, to be Governor HUMPHREY, AFRICAN FREEDOM DAY, NEW of Guam for a term of 4 years. YORK, N .Y., APRIL 17, 1961 We do not ask that the people of Africa accept our ways, our policies, or our system; FEDERAL TRADE COMMISSION I am grateful that you have allowed me nor do we consider neutralism a political Philip Elman, of Maryland, to be a Federal to join with you for this African Freedom sin. We, too, have had in the early years Day program. I am honored to share this Trade Commissioner for the unexpired term of our Republic an adherence to neutral­ of 7 years from Sept. 26, 1956. platform with the distingUished representa­ ism-to noninvolvement. Read George tives of several new African nations. I am Washington's Farewell Address. Our hope hopeful that this observance-and others •• ..... •• is that the people of Africa can work against like it-will serve to remind the American the scourge of hunger, illness, and ignorance people of the yearning and struggle of the people of Africa for freedom. Independence, r ather than waste their energies and re­ HOUSE OF REPRESENTATIVES freedom, and anticolonialism are hallmarks sources in a cold war struggle that can bene­ in our history. fit neither them nor the rest of humanity. WEDNESDAY, APRIL 19, 1961 We need to know-constantly and more There may be forces in the world today deeply-that the people of Africa today which are afraid to leave Africans free to The House met at 12 o'clock noon. struggle toward a life for which Americans develop, free to choose their own form of The Chaplain, Rev. Bernard Braskamp, have fought and died-a life of individual government, free to build their own social D.D., offered the following prayer: dignity, national independence, and political and economic systems. We Americans are freedom which we have won, and our fight not afraid. We are confident that the peo­ Joel 14: 1: The ways of the Lord are .continues as we here in America strike down ple of Africa will choose liberty and democ­ right and the just shall walk in them . the walls of segregation and discrimination. racy- if they have the opportunity for Almighty God, grant that during this But it was many years ago that we won choice. Yes, we believe that Africans want day we may be courageous and zealous freedom for our people and our lands. We freedom from hunger, disease, ignorance, and illiteracy. We are ready to help. in seeking to find the right ways and must regain a sense of excitement about it. means of solving the perplexing prob­ Freedom must be for us what it is to the That is why we wish to offer eaucation, people of Africa today-an exciting, dy­ not domination. That is why we wish to lems lest human life end in delusion and namic, vital, precious, imperative condition offer food, not force. That is why we wish disaster. of life and right of every man. to offer help, and not h arassment. Show us how we may make further If I could make just one request of my We offer the h and of friendship. We hope advances and participate more help­ countrymen relating to their attitudes to­ it will be accepted. We say: "Stand, and fully in the sublime adventure of leading ward Africa, it would be this: Let us dismiss walk proudly. Walk to freedom and dig­ mankind away from the devastating from our minds any attitude of authority nity." Look to the future; waste not our spirit of hatred into the spirit of love. or influence of superiority. Let us, above energy and emotion on the sins of yesterday. Deliver us from all cold and com­ all, approach the people, the governments, and the nations of Africa as equals-part­ Mr. HUMPHREY. Mr. President, I placent tempers of mind toward those ners, friends, and neighbors. may say it was a great privilege to ap­ members of the human family who are And I go even further. I would suggest pear; and we in this Nation, regardless held in hard places by the clutch of cir­ that this Nation would do well to approach of any interruptions, regardless of the cumstance and unable to carry their the vibrant and noble struggle of the African attempts of those who would try to stop heavy burdens. people with a touch of humility. the onward march of freedom, will con­ Bless our President, our Speaker, and This I know: The American people want tinue in our efforts, and we will not our chosen representatives with a pa­ all men to win and sustain freedom. We want the people of Africa to live, work, and be diverted from our task. We are tient and persevering faith as they con­ prosper under full freedom. We want the unafraid. As I said to some at the front duties and demands which only people of Africa to achieve and enjoy the meeting, we welcome the contest; we the range and reach of Thy divine wis­ dignity of freedom. welcome the fray; we welcome the op­ dom and grace can help them meet and We know that there can be no human portunity to pit ourselves, to put our­ master. and individual dignity where men are beaten selves not only against the problems of Hear us in the name of our blessed down by the burdens of hunger or bound Lord who alone can draw humanity by the chains of squalor. the day, but against those who create We know also that there can be no free­ the problems of the day. away from the horrors of war and into dom where there is no right to choose. the orbit of peace. Amen. Freedom is not passive; it is not merely an absence of restraint. Freedom is a positive, ADJOURNMENT dynamic force-the opportunity to freely THE JOURNAL choose. Yes, to accept or reject. Mr. HUMPHREY. Mr. President, in The Journal of the proceedings of We believe that the people of Africa must accordance with the suggestion previ­ yesterday was read and approved. be given a chance for freedom of choice, ously made, I move that the Senate now the opportunity to plan and achieve the cul­ stand in adjournment until 12 o'clock tural, political, economic, and social develop­ MESSAGE FROM THE SENATE ment to which they are entitled. noon tomorrow. We do not want just stability in Africa. The motion was agreed to; and een adopted, and any member may dema nd the bill (H.R. 919) to revise the effective THE SECOND INTER-AMERICAN a separate vote in the House on any of the dates of certain increases in compensa­ MUSIC FESTIVAL amendments adopted in the Committee of the Whole to the bill or committee sub­ tion granted to employees of the Govern­ Mr. SELDEN. Mr. Speaker, I ask stitute. The previous question shall be ment Printing Office, and for other pur­ unanimous consent to extend my re­ considered as ordered on the bill and poses, and that the bill be re-referred to marks at this point in the RECORD. amendments thereto to final passage with­ the Committee on House Administration. The SPEAKER. Is there objection out intervening motion except one motion The SPEAKER. Is there objection to to the request of the gentleman from to recommit with or without instructions. the request of the gentleman from Alabama? Tennessee? There was no objection. There was no objection. Mr. SELDEN. Mr. Speaker, the sec­ CALL OF THE HOUSE ond inter-American music festival will Mr. KYL. Mr. Speaker, I make the take place here in Washington April 22 point of order that a quorum is not OMNIDUS JUDGESHIP BILL through 30. This promises to be a cul­ present. Mr. THORNBERRY. Mr. Speaker, I tural event of historic significance at a The SPEAKER. Evidently a quorum yield myself such time as I may use, time when all nations of the Western is not present. at the conclusion of which I yield 30 Hemisphere are embarking upon a new Mr. McCORMACK. Mr. Speaker, I minutes to the gentleman from Ohio period of vigorous effort in working out move a call of the House. [Mr. BROWN]. our mutual problems politically, socially, A call of the House was ordered. Mr. Speaker, as the reading of this res­ and economically. The Clerk called the roll, and the fol­ olution indicates, it makes in order the During the 9-day festival period, 24 lowing Members failed to answer to consideration of S. 912 known as the world premieres will be played; 5 major their names: omnibus judgeship bill. The resolution orchestras and 3 chamber-music groups [Roll No. 37] provides for an open rule with 2 hours from Canada, the United States, and Bailey Giaimo Powell of general debate making in order the Latin America will gather for the first Barrett Grant Roberts substitute committee amendment as an time in one city. From Canada to south­ Boykin Gray St. Germain original bill. ern Chile, 13 nations are working to­ Brademas Gritlln Shelley Mr. Speaker, this bill, when it came Davis, Holifield Slack gether under the organization of the James C. M a cdonald Tollefson over from the other body, provided for Inter-American Music Council and the Davis, Tenn. Mason Utt 73 additional judges. The Judicial sponsorship of the Pan American Union. Dawson Morse Conference recomniended 69 additional Although financed primarily by cultural Gathings Moulder judges. As amended by the House Com­ organizations in these countries, it is The SPEAKER. On this rollcall 406 mittee on the Judiciary, it provides for worth noting that business firms have Members have answered to their names, 70 additional judges. also had a share in the festival's organi­ a quorum. To give the legislative background, the zation. Once again this illustrates the By unanimous consent, further pro­ Members of the House will recall that powerful partnership between commerce ceedings under the call were dispensed in the last Congress the Judicial Confer­ and culture. with. ence recommended 54 additional judges, 1961 CONGRESSIONAL RECORD- HOUSE 6285 and the committee in H.R. 12252 rec­ counties with an area of 92,955 square miles creased by only 26 percent. Between ommended 35 additional judges. A rule and with a population in excess of 3 million, 1945 and 1954, congress created 57 new was granted on that bill on June 22, is presided over by only 3 judges who hold judgeships, the last increase being au­ court regularly in 7 different cities-namely, thorized in the 83d Congress, at which 1960, but that bill was not considered Dallas, Fort Worth, Amarillo, Lubbock, Abi- before adjournment of the 86th Con­ lene, Wichita Falls, and san Angelo; and time 30 new permanent judgeships were gress. Whereas said northern district of Texas created as well as 3 temporary judge­ Mr. Speaker, the Judicial Conference, has been served by only 3 judges since 1922, ships. During the last 5 years 3 judicial the American Bar Association, a num­ when the population of said district was positions were lost as the result of the ber of State and local associations of only 502,781; and expiration of judgeships created on a the States, and local organizations have Whereas the caseload per judge in the temporary basis. northern district of Texas far exceeds the I think it is important that the House recommended additional judgeships. national average and many of such cases in- In this connection, Mr. Speaker, I have volve complex issues requiring lengthy and consider this bill, and I recommend that received the following letter from the difficult trials and the volume of such cases the rule be adopted. Honorable Paul Carrington, president of is steadily increasing; and Mr. BROWN. Mr. Speaker, I yield the State Bar of Texas, in which he urges Whereas the Fifth Circuit Judicial Coun- myself such time as I may consume. enactment of this legislation: cil has taken note of the acute condition and Mr. Speaker, the gentleman from I feel confident that you will help us in particular needs of the northern district of Texas [Mr. THORNBERRY], my colleague every way that you can to achieve greatly Texas, as well as the conditions prevailing on the Committee on Rules, has very needed legislation, the consideration of in the southern and western districts of ably and very well explained the provi­ Texas, and as a consequence has recom- which is about to come before the House mended that two additional judgeships be sions of this rule. I know of no opposi- of Representatives. In this connection, I created for the northern and one additional tion to the granting of the rule, because present to you a resolution unanimously adopted by the members of the board of judgeship each for the southern and western I feel that we all realize and all appre­ directors and by the officers who are ex­ districts of Texas; and ciate the necessity for some increase in officio members of the board of directors of Whereas the board of directors of the the Federal judiciary to handle the back­ the State Bar of Texas, urging enactment of State Bar of Texas is familiar with condi- log of cases which now exist in many legislation such as has been approved in the tions affecting the due administration of Federal courts of this land. justice in the northern, southern, and west- Senate providing for additional Federal ern districts of Texas and is firmly convinced Some of us, of course, may have some judgeships for Texas, increasing the number that there is an urgent, present necessity opinions of our own as to why there is of judgeships for the western district to thi'ee; increasing the number of judgeships for the creation of two additional judgeships so much litigation pending in the Fed­ for the southern district to five; and increas­ for the northern district of Texas and one eral courts, and perhaps I might express ing the number of judgeships for the north­ additional judgeship for each of the south- my own view on that matter by saying ern district to five. ern and western districts of Texas: Now, it is because the Federal Government As of course you know, the 14,000 lawyers therefore, be it now has its nose in every human activity of Texas elect their officers and directors by Resolved, That the board of directors ot of every individual citizen in this coun­ ballot. A director for each of the congres­ the State Bar of Texas in regular session at sional districts in our State is so elected Waco, Tex., unanimously express its firm and try. by the lawyers of that district. The officers studied conviction that there is an urgent, Now you have to turn to the Federal are elected by statewide ballot. For such present need for two additional judgeships courts for relief, rather than to the State a group so elected, representing all of the in the northern district of Texas and one courts as used to be the case in the old lawyers of the State, to agree upon the additional judgeship each for the southern days before we began to regiment and enclosed resolution unanimously, clearly and western districts of Texas; and be it direct and control all human activities shows, it seems to me, that the needs of further from the Central Government here in our respective Federal judicial districts in Resolved, That the President of the United Washington. this State for additional judgeships are rec­ States and the Congress of the United States, ognized generally by all of the lawyers of particularly our senators and Representa- However, this entire legislation which this State. tives from Texas, be advised of this action of comes before us today brings up a num­ Accordingly, we strongly urge that you the board of directors and that they, and ber of interesting questions; some I think help us in every way that you can to achieve each of them, be respectfully urged to con- may be worthy of discussion here, and, this greatly needed legislation. sider favorably and to support actively leg- Mr. Speaker, if I could have the atten­ PAUL CARRINGTON. islation in the present Congress creating the tion of the House, I would like to turn additional judgeships herein requested; and to those matters at this time. I also submit the resolution which was be it further adopted unanimously by the members of Resolved, That the incumbent judges of Let me point out that the Senate 1?'11 the board of directors of the State Bar the northern, southern and western districts which is now before us in an amend"'d of Texas in support of this legislation: of Texas be commended for their untiring form is an original bill under this rule - efforts in attempting to meet and surmount and which, by the way, will permit the Whereas the State Bar of Texas stands the ever increasing burden of litigation in offer of a substitute in the form of 9,n firm in the belief that the prompt and ef­ their districts. amendment, and I understand that such ficient administration of justice in the district courts of the United States is of The existence of the need for addi- a substitute may be offered by the rank­ fundamental importance to our system of tiona! judgeships throughout the United ing member of the Committee on the government and is a basic purpose of the States in the Federal courts, both dis- Judiciary of the House-as passed by the Constitution of the United StateS'; and trict and appellate, has been amply other body provided for 73 judges. It Whereas the board of directors of the State proven and documented by the Judicial was passed and approved by the other ,.- Bar of Texas is keenly aware of the heavy Conference of the United states and by body without any hearings of any kind caseload, the involved and time-consuming the Administrative omce of the United whatsoever. No legislative committee nature of much of the pending litigation, and the distant points at which such litiga­ States Courts. The existence of the hearings were had on the measure; no tion is tried or otherwise disposed of in the problem of court congestion and the con- opportunity given for anyon~ to testify northern, southern, and western districts of sequent delay in the disposition of cases or to give their views or their opinions Texas, all of which circumstances place upon causes serious hardship to the litigants, thereon. I think it might be .of interest the present judges of said districts most and it places heavy burdens on th to note also that after the bill reached burdensome tasks from which not only they . d . . . e the :floor of the other body additional but the litigants and public generally must JU ges, s~ senous m nature as to !m:t:>e~e judgeships were quickly added to the necessarily suffer; and the ~mCient performance of JUdicial ;--bill. Whereas the population of the northern, functiOns. I think that we should go further back southern, and western districts of Texas con­ In spite of numerous efforts and var- into the history of this legislation and tinues to increase at an exceedingly rapid ious methods to solve the problem of remember that we had two bills before rate with corresponding increases in busi­ court congestion, the need for the new the House in recent years to increase the ness, commerce, and industry, which of necessity generates more and more litigation judgeships has mounted. Additional number of Federal judges; both of these of a more and more complex nature; and judicial manpower must be furnished if bills were requested by President Eisen­ Whereas the situation in the northern dis­ this condition is to be curtailed and hower. The last bill which was intra­ trict of Texas is particularly acute for the eventually eliminated. Since 1941, the duced for this purpose provided for 35 reason that said district, composing 100 number of Federal judgeships has in- additional Federal judgeships to be 6286 CONGRESSIONAL RECORD -HOUSE April 1·9 created. That was contained in H.R. this House the opportunity to work its Members of this House, this Member 6159 of the 86th Congress, introduced on will on important bills of this type. told me .of the situation in his own State. April 8 of 1959. That brings up another question I He advised that a Federal judge whom Then early in January of 1960 the would like to discuss at this moment, in he knew very well, and who is a very Committee on the Judiciary of the House view of the action which took place in able man, had just returned from a brought out a clean bill, H.R. 12552, the other body wherein a judiciary bill rather long Mediterranean cruise. Now. which was finally reported favorably on was reported without any legislative I understand that the Federal courts are June 15, 1960, as I understand by a hearings whatsoever, where the number not in recess at this time of the year. unanimous vote. That bill also provided of judges carried in the bill was in­ There are many of us, perhaps, who for the creation of 35 new Federal judge­ creas-ed substantially above that even would like to take a Mediterranean ships. In other words, the Committee on requested by the Judicial Conference. cruise. I hope this judge did not have the Judiciary considered this type of Why was it that our House Judiciary to take this trip for his health. Accord­ legislation to create new Federal judge­ Committee less than a ·year ago, about ing to my informant, this judge seemed ships from the 8th of April 1959 until 8 or 9 months ago, unanimously found to be in splendid health; at least he was the 15th of June 1960, which is, of course, there was a need for only 35 judges? when he returned from his Mediter­ a little over 14 months. And now 9 months later they come ranean cruise. But I am wondering if Then, on the 16th of June a request in and find that there is a need for 70 we should not do a little thinking and, was received by the chairman of the judges. perhaps, the Committee on the Judi­ Committee on Rules for hearings on this Just look at the record for a moment. ciary should do a little investigating, to bill and that much cussed and discussed I made some inquiry of my great friend, be sure that while we get every new committee, the Committee on Rules, held the chajrman of the Committee on the Federal judge we need in order to clear hearings on the measure on June 22, Judiciary. He is a most able and co­ up these Federal dockets that are so 1960; this bill that was reported out by operative individual, and I have always overcrowded, we al.:>o see to it that the the Committee on the Judiciary by a found him fair, I have always found him Federal judgeships and positions now unanimous vote to create 35 new judge­ frank in his expressions. In the Rules available through vacancies are filled, ships, as had been requested by Presi­ Committee I directed a question to him, and that the -committee .ascertain that dent Eisenhower. On the same day, and said he had been quoted as saying: the Federal judges who are available for June 22, the Rules Committee granted We gambled on this judiciary bill and we service do serve at least 40 hours a week. a rule making in order the consideration won. We gambled on the results of the I do not believe that will hurt anyone. of this bill, H.R. 12552 of the 86th Con­ election and now we will name the judges. If necessary, we can transfer judges gress, to create 35 Federal judgeships, all The gentleman in his frank, honest, from district to district, to lighten the on the unanimous findings of the Com­ and honorable way replied to me that caseload where it becomes necessary to mittee on the Judiciary of this House he was a realist in politics, that he was do so. that such additional judges were badly practical in his political thinking and his Finally, of course, we can suggest and needed because of congestion in the Fed­ political activities. I certainly accept prevail upon some of those who have eral courts. In other words, a situation his word for it. I think he is a realist. reached the ripe old age of 90 or more existed where American citizens could I think he is a practical politician. That that, if they are unable to work a full not get litigation to trial, and even may be the answer to this question that schedule of time, they take their widows and orphans could not get their has existed in my mind and the minds retirement benefits. These benefits cases adjudicated because of a shortage of many other people as to why we shoul_d amount to exactly the same salary they of judges. need only 35 additional Federal judges are receiving now, and this action will Then, for some strange or peculiar then, yet we have seen this need in­ permit the President to appoint someone reason, that legislation was never sched­ creased suddenly, in a few months, from to take their place who may be more uled for consideration on the floor of the 35 judges to 70 judges by this bill. Yes, active and more able to carry a heavier House. I do not know, I cannot say what someone gambled and someone won­ workload. I propound these questions individual, what group of individuals, perhaps. because, I believe, they are of interest to what sinister or any other kind of influ­ And there is another question I think you; and because I feel they are ques­ ence, brought about the delay in the con­ we should discuss for a moment. There tions we should have answered. I still sideration of that measure . . But it does is no question as to the need for addi­ hope someone finds out just what indi­ seem rather peculiar, does it not, that tional Federal judges. We all agree on viduals or groups of individuals pre­ after the great House Committee on that. We are going to try to do what vented the House from working its will Rules, which has been accused time after is right and proper about it. But ac­ on the legislation which was unani­ time-and falsely I say-of refusing to cording to the testimony by the chair­ mously reported last June by the Com­ permit the House of Representatives to man of the committee, the gentleman mittee on the Judiciary and by the Com­ work its will on legislation, had reported from New York [Mr. CELLERJ, testifying mittee on Rules, and which action also this measure, sent it to the floor of the before the Rules Committee, there were blocked the consideration of that legis­ House unanimously, after the legislative then 19 Federal judgeships vacant. Some lation, and then later on permitted the committee, the Committee on the Judi­ of us cannot help but wonder why, when poor old Committee on Rules of this ciary, had reported it favorably by unani­ we have the great need for Federal House to be lambasted all over the land, mous vote, somehow or other, House judges existing, as we all know it does under the charge-and the false charge, consideration of this important bill was exist, none of these appointments has I say-that our committee blocked con­ blocked and no opportunity was given to already been made. Why has not some sideration of legislation by this House, the House to work its will on that bill. action been taken to help break this log­ and prevented the House from working As I recall at that time the President jam in the Federal courts by at least its will. Here is another perfect example offered, if that bill were enacted into law, filling the 19 vacancies which then ex­ of that which I have spoken of before­ isted, and perhaps more exist today? that, after all, the House can always to agree to appoint these new judges on work its will so far as getting bills to the a bipartisan basis, with an equal division Then another question that has arisen we ought to study and think about in floor is concerned. It does appear for between the two great political parties. connection with this legislation is that some strange reason that once you get a No, somehow or other the House of over in the other body a study was made, bill reported out of a legislative com­ Representatives was not permitted to and a report made that on December 31, mittee and through the Committee on work its will some few months ago, less 1960, there were 74 Federal judges then Rules, it often becomes difficult or im­ than a year ago. Yet within 6 months' eligible for retirement. possible to get it up for a vote on the time we were hearing all sorts of stories Some of these judges, believe it or floor of the House. So I have brought being put out all over the country, ali not, not one, not two, but several were these questions and these matters both sorts of statements, some being made past 90 years of age. Some of these for your enlightenment and in the hope here on the :floor of this House, that the judges have served little time on the that perhaps we may find some solu­ great Committee on Rules of this body bench. tion to this problem; and that a few of was blocking consideration of legislation, Just a day or two ago, in discussing the people who have continuously talked and refusing to give the membership of this bill with one of the outstanding so much about the House Committee 1961 CONGRESSIONAL RECORD- HOUSE 6287 on Ru1es preventing this body from Mr. ROGERS of Colorado. Thank in our new post office building, built in the working its will may quiet down a bit you. Thank you. I trust that will in­ closing months of 1960, but not occupied from now on. crease my fee. until January 19, 1961 (1 day before the in­ auguration of President Kennedy), had sud­ Mr. ROGERS of Colorado. Mr. Mr. BROWN. Mr. Speaker, I yield 3 denly been replaced by a plaque bearing the Speaker, will the gentleman yield? minutes to the gentleman from Florida name of Kennedy as President. Mr. BROWN. I yield. [Mr. CRAMER], a member of the com­ Many citizens of Tarpon Springs are justly Mr. ROGERS of Colorado. Did the mittee. incensed over this switch. This post office gentleman inquire of the chairman of Mr. . CRAMER. Mr. Speaker, I ask has been overdue in our town for 20 to 25 the Judiciary Committee as to the recom­ unanimous consent to revise and extend years, and not a Democrat ever made a move mendations made by the Judicial Coun­ my remarks and speak out of order. to obtain for us what other towns of com­ cil as to the number of judgeships which The SPEAKER. Is there objection parable size-and even smaller-all around us here in Florida were getting. Not until shou1d be created? to the request of the gentleman from we had a Republican administration, and Mr. BROWN. Yes; and I think he Florida? Pinellas County a Republican Congressman said 69. And he further told us that There was no objection. [Mr. CRAMER], was any effort made to give while he was always glad to have the rec­ Mr. CRAMER. Mr. Speaker, I too us this much needed and deserved post office ommendation of the Judicial Council, have been concerned in the past and building. that neither his committee nor the Con­ have openly expressed myself on the FOR SHAME, DEMOCRATS gress was obligated in any way to follow floor of this great body concerning the We, the undersigned Democrats, hang our those recommendations. matter the gentleman from Ohio just heads in embarrassment at this usurpation Let me go further and say, first, I can brought up, this bill before us request­ of credit by our party. Let us bring down understand why so very many people are ing additional judgeships and during the the Kennedy plaque and put back the Eisen­ hower plaque before next Saturday, April 15, interested in having as many Federal last 4 years I have introduced bills my­ and not permit this beautiful post office to Judges as possible, and sometimes per­ self for this purpose. I am glad to see be dedicated under false colors. haps some individuals and organizations a bill on the floor to provide more judge­ are a little overzealous in their demands ships although it appears obvious, now, This petition has been signed by 11 in the belief that Congress will whittle .why the legislation was sidetracked under Democrats in the community of Tarpon them down. Eisenhower. They are still needed, and if Springs. Mr. ROGERS of Colorado. Mr. this bill is passed at least some relief is The new plaque has been enlarged a Speaker, will the gentleman yield going to be granted, and the judges for little bit with President Kennedy's name, further? the State of Florida are included in the and they have added a new name of the Mr. BROWN. I yield further. group. I have some reservations about Deputy Postmaster General. Mr. ROGERS of Colorado. The gen­ the total number in this bill, however. Following the dedication I tried to find tleman recognizes that the Judicial Mr. Speaker, we have, I think, a the discarded plaque and I found it Council is composed of Federal judges specific example of the New Frontier and finally in the bottom of a clothes closet who have this problem to deal with, the its attitude about the record of the in the Postmaster's office, next to an ash­ problem of getting justice done. preceding administration which is the can. Mr. BROWN. Yes. But I also realize present subject I want to discuss. it So I removed from the closet the fu1Iy that the Judiciary Committee and might be entitled "The Alt.eration of desecrated record, indicating who really the American Bar Association are made History"; it might be entitled "The Dese­ was responsible for the building of this up of lawyers. I realize that. cration of the Record"; it might be en­ post office. And, here it is. Mr. ROGERS of Colorado. And the titled "The Purge of the Plaques." I This plaque has been posted on the gentleman recognizes that justice de­ received a letter from a disturbed Demo­ wall, but it had been chiseled off, and layed is justice denied, does he not? crat in my district, Mrs. Harry McCreary you can see the indentations made in its Mr. BROWN. Let me answer the gen­ of Tarpon Springs. Since 1930 the peo­ removal by the new administration. tleman's question by asking him a ques­ ple of Tarpon Springs have been trying Here is the date: 1960. That is the rec­ tion: Will you please explain to the to get a new post office. The old post ord. But the record has been changed. House why the judges bill was never office was set way back at the end of a This is the New Frontier approach, called up by your committee on the floor dark street. Finally, after 5 or 6 years and I say it is unfair. I say the petition of the House last year for action, even of negotiating one was built, and we now of these Democrats should be heeded. I though a rule making it an order had have a beautiful new post office building intend to send that petition to the Presi­ been reported out? Go ahead and ex­ in this small community. It makes the dent, and I intend to keep this plaque plain that. impact of the Federal Government felt on a wall in my office until some cor­ Mr. ROGERS of Colorado. May I say not only in this community but in the rection has been made. They say a de­ entire surrounding area. feated politician, of course, is the first in response to the gentleman's question person to be forgotten, and his record as that as far as I, a member of the Judi­ This building was built last year, and I ciary Committee, am concerned, I did received this letter enclosing a copy of well. But President Eisenhower was not a letter sent to a Member of the other defeated, he retired, and I say to you in everything I cou1d to bring it out. If all sincerity I feel it is a shame that any the gentleman wants an explanation, body, and a petition from Mrs. McCreary, which I quote: administration should try to change the even if we had passed it the nominees record of its predecessor to this extent. could not have been investigated and APRIL 15, 1961. Hon. WM. C. CRAMER, I intend to send this petition on the part their eligibility been determined and Representative from Florida, of these Democrats to the President as they be confirmed before Congress ad­ Washington, D.C. well as to the Postmaster General. journed. DEAR MR. CRAMER: From the enclosed copy . Mr. HOEVEN. Mr. Speaker, will the Mr. BROWN. Then why did you not of letters written April 7, you will note that gentleman yield? report the bill out earlier? You could some of us Democrats "did what we could," Mr. CRAMER. I yield to the gentle­ have reported it out 15 or 18 months apparently to no avail, except that it pro­ man from Iowa. earlier. vided a medium for us to let off steam. Sorry. Mr. HOEVEN. I may say to the gen­ Mr. ROGERS of Colorado. Was not We are truly grateful for the fine new tleman I have a similar situation in the gentleman a moment ago criticizing post office we now have in Tarpon Springs, my congressional district in Iowa, a new the other body for not holding hearings? and we give you much credit. post .omce was built in Sibley, Iowa, in Are you familiar with the hearings we Sincerely, my congressional district, and com­ had? PEARLE S. MCCREARY. pletely occupied last December. A Mr. BROWN. You could certainly There was enclosed copy of a petition plaque was placed in the lobby of that have done so within 16 or 18 months. to a Member of the other body, signed by post office with the name of President I cannot yield further, Mr. Speaker, Democrats who are irate and concerned Eisenhower and Postmaster General except to say that the gentleman is again about this desecration of the record. A Summerfield on it. It is my understand­ proving he is a good lawyer, but he has copy of the petition was sent to me. This ing that early this year, the postmaster a bad case. He has made the best ex­ reads in part as follows: at Sibley was directed by the Post 'omce planation he can for the benefit of the The · plaque bearing the name of Eisen­ Department to remove the plaque and jury, but he has not convinced me. hower as President, which had been placed to replace it with a plaque with the 6288 CONGRESSIONAL RECORD- HOUSE April 19 names of President Kennedy and Post­ dars, then that hunger continues. If Since 1941 the number of Federal master General Day on it. shortage of manpower and the lack of judgeships has increased by only 26 per­ · I took up the matter with the Post judges is the cause of failure, that hun­ cent. Between 1945 and 1954 Congress Office Department, and was told the gei· continues. There is more than am­ created" 57 new judgeships, the last in­ plaque was being replaced under rules ple evidence for the need of additional crease being authorized in the 83d Con­ and regulations of the Department, and judges, for the voice of justice is muted gress by the act of February 10, 1954, that nothing could be done about it. if we do not apply the remedy and sup­ at which time 30 new permanent judge­ I join the gentleman in expressing my ply the need for additional judges. Our ships were created as well as 3 tempo­ deep regret at this kind of unwarranted Nation is generous in most things and rary judgeships. But during the last 5 procedure. I never dreamed that par­ cannot be niggardly here. Despite years three judicial positions were lost tisan politics could become so petty. I some morbid and mordant criticism, our as the result.of the expiration of judge­ am confident the people of Sibley, Iowa, judiciary is one of our greatest achieve­ ships created on a temporary basis. and all thinking Americans resent this ments. Our Federal judges constitute In the absence of this needed addi­ type of political manuevering. as splendid a body of objective men of tional manpower the courts have em­ Mr. CRAMER. I would hate to see probity as can be found anywhere in the ployed various techniques and procedures Eisenhower's record thrown into the ash world. I say this despite the Welches to reduce the backlog, crash programs can. But this is a concrete example of who have the brashness and the temer­ as exemplified in the southern district what is being done. I do not know ity of mouthing threats of impeach­ of New York and the eastern district whether President Kennedy knows about ment. Happily, our Nation does not of New York, where concentrated judi­ it or not, I am not suggesting he is re­ stand still. Charge us with many cial efforts supplemented by temporary sponsible, but if he does not know about faults, but never charge us with im­ judicial help from other districts re­ it we should see that the Postmaster mobility. sulted in a reduction of both the back­ General outs this on an equal status, We in this Chamber have expended log and the time consumed in disposing even though the administration had and added to our statutes. The execu­ of cases. In both instances, however, the nothing to do with it except to dedicate tive has widened and heightened its alleviation was merely temporary and in the building. At least they could put horizons. The judiciary, as a result, the large metropolitan areas where the both plaques up there, and that is the cannot lag behind. It cannot function congestion problem is most acute judges relief I hope we can get. properly without more personnel. have been brought in from outlying cir­ Mr. HOFFMAN of Michigan. Mr. I am not deterred by numbers. The cuits and districts in an attempt to re­ Speaker, will the gentleman yield? question is, Is there the need? If 70 duce the congestion. Mr. CRAMER. I yield to the gentle­ judges or more than 70 are required, so Congress itself has sought to aid the man from Michigan. be it. courts in their efforts by the enactment Mr. HOFFMAN of Michigan. You do One of the attributes of democracy is of the statute limiting Federal diversity not charge that up to the President, do the failure of conformity to unfairness, jurisdiction in 1958. A statistical anal­ you? You do not charge that to Presi­ to injustice, reluctance to abide by orders ysis of the effect of that statute, how­ dent Kennedy? from above that are unjust or unwise. ever, indicates while there has been a Mr. CRAMER. Well, as I said, if he We rebel against wrongs. We assert our slight decrease as a result of its enact­ does not have knowledge of it, I hope rights against public or private detrac­ ment, only a few districts have benefited to inform him by this means and by tors. If there is inequity we do not suf­ directly from it, whereas in other dis­ sending him the petition, hoping that fer it in silence, as in a totalitarian re­ tricts, such as the southern district of he will do something about it. gime, for fear of offending the political New York, the enactment of that stat­ Mr. HOFFMAN of Michigan. You do hierarchy or the members thereof. We ute has caused an increase in litigation not mean to say that he will be ~equired seek redress for those injuries public or there. to read the RECORD? . private. For those reasons our courts . One of the most serious aspects of Mr. CRAMER. No. I will send it to are busier than those of Russia or China the problem of court congestion is the him personally. or Hungary. Because we are a govern­ drop in the rate of dispositjon of cases. Mr. HOFFMAN of Michigan. I think ment of law and not of men our courts This delay in the administration of jus­ you will find that he did not have any­ are today crowded with cases. There­ tice in our Federal judicial system has thing to do with it. That was just done fore, we cannot treat our judiciary in a direct impact upon litigants. Often by practical politicians. Maybe it was any offhand, cavalier manner. We must issues are compromised because of eco­ Walter Reuther's union. Maybe. it was earnestly cater to the needs of our ju­ nomic needs and hardships. The na­ not done by union labor. diciary. Otherwise we belie the spirit tional median time in civil and criminal The SPEAKER pro tempore. The of democracy that brought our Govern­ cases has mounted to 17.8 months, the time of the gentleman from Florida has ment into being. Setting up 70 new highest time for disposition of any pe­ expired. judgeships will cost considerably. That riod since the passage of the last omni­ Mr. THORNBERRY. Mr. Speaker, I is the price of liberty, the cost of the bus judgeship bill in 1954. move the previous question. -luxury, the precious luxury of maintain­ Every time we pass a law we make The previous question was ordered. ine- forums where conflicting claims can additional cases for the courts. It is like The resolution was agreed to. be adjusted according to law and order. throwing a pebble in a lake. Wave upon Mr. CELLER. Mr. Speaker, I move Of course, we always have those who wave is generated until they reach the that the House resolve itself into the object to the money required for added shore. But see how many public laws, Committee of the Whole House on the judgeships. I would say. they are like not private laws, -yJe passed since 1954, State of the Union for the consideration cynics who know the cost of everything the date of the last judgeship bill. of the bill roteasptre to the heights of the legal bility of judges. There is existing pow­ hearings a chart showing traveling SSion. er in law to take judges from districts assignments of Federal judges through­ ~a~~t·Chairman, there is no scientific where business is light and assign them out the country. It seems to me that if need Ick by which to determine the to reduce the workload where there is some of these judges stayed at home and to c for judicial manpower. We refer more business than the judges residing took care of their work instead of travel­ judgease~oads, weighted caseload per in that district can handle. ing as much as they do, we could reduce Of ca' tune studies, timelag in disposal Third, I want to emphasize the point the number of judgeships. and s~s, cases started and terminated mentioned by my colleague, the gentle­ I should like to point out that the li t than ° ~er indices which are no more man from Ohio [Mr. McCuLLOCH], that we show here does not specifically set BU1lic·gUides to indicate whether we have the time study conducted in the spring out all of the cost to the taxpayers of ~e nlent judgepower now or whether of 1958 shows that the 37 district judges these trips because many times they take eltl>er~ed tnore or less, based upon the who participated in that time study were secretaries and criers and law clerks llay Ience of the past. There is no carrying their load, disposing of their with them. Let me point out one that 3Udgeto ten, for example, how long a litigation, and doing so at fewer than an I know the chairman of this great com­ Bhoul should think, how thoroughly he average of 40 hours per week. mittee is interested in; that is in the fore ~ re~d the briefs and records be­ The evidence is overwhelming that if southern district of New York. The rec­ no wa rrtvmg at his decision. There is the 19 vacancies were filled and 35 ad­ ord will show that three of the judges l>arati Y to I?easure accurately the com­ ditional judgeships were created there of the southern district of New York, \\lhich ve difficulty of legal questions would be ample judgepower to take care which district is going to get six new l>recis ~re .Presented, no one of which is of the anticipated Federal litigation for judges under this bill, spent 103 days in ~ e Y like another. the present and the near future. And, California in 1 year. Of the 103 days Corn.~ fthai~tnan , the House Judiciary in case it is not, the Congress will not that these three judges spent in Cali­ elttens 1 ee m the 86th Congress, after have gone out of business, and we can fornia at the taxpayers' expense, draw­ liberat~ve hearings and extensive de­ always take into consideration hard­ ing per diem, they spent 44 days in trial. the f~~n both in the subcommittee and ship cases in specific bills, or we can There was some reciprocity here be­ Bolellln House Judiciary Committee, have another omnibus judgeship bill. cause in the districts in California, which 32 ad 1?. recommended the creation of Now, let me point out that in the 83d will be getting a number of new judges 3 addi~lhona~ district judgeships and Congress the other body passed a bill under this bill, at the same time that we l>ort w Ional Circuit judgeships. That re- which provided for 39 additional judge­ were sending judges from New York to 19ao bas filed with the House on June 15, ships, but the House Committee on the California, California sent judges to New ut the leadership of the 86th Con­ Judiciary reported and the House of York for 43 days and one of the judges Rre~ Representatives passed a bill which pro­ spent 10 of those 43 days in trial while actionsaw fit .to let the bill die without vided for only 26 additional judgeships. the other judge spent none. last · has occun-ed within the 10 ~othmg We reduced the Senate figure from 39 As I say, this does not set out all of hling t~onths which would justify dou­ to 26, and in conference we agreed upon the costs. It does not include the per hasts Of e number of judgeships on the a figure of 30 additional district judges diem. One senior judge of one of the able t facts and logic. Statistics avail­ and 3 additional circuit judges, a total Plains States, where it gets cold in the "acan~ us. disclose that even with 19 of 33 judgeships, which became the law winter, where the snow piles high, spent es m existing judgeships, cases February 10, 1954. 101 days in Puerto Rico and 67 days in CVu_399 6294 CONGRESSIONAL RECORD- HOUSE April 19 . ns of southern California, a total of 168 days; by the Committee on the Judiciary. I cuit, but also in other s~ t10 . ness 58 of those 168 days in trial. This was wish to stress particularly those provi­ the country. Due to the s~r10us ~lltrict at a cost to the taxpayers of $3,995, and sions of the legislation which provide of one of the judges in the m1ddl_e dlS of does not include the per diem or other additional judicial manpower for the of Pennsylvania, several of the J':ldged5 a expenses of criers, secretaries, et cetera. State of Pennsylvania. The bill, as re­ the court of appeals were asslg_ne .ct It seems to me that the time could be ported here today, contains the pro­ number of the civil cases in th~t dlst~~nt spent to better use. One other senior visions of the bill which I sponsored that At the present time one of the meum f· judge in the Middle West spent 114 days provided one additional circuit judge for judges in that district ha~ r~cent~Y s~d in southern Florida, with trials on 40 the third judicial circuit; three addition­ fered severe injuries and 1t LS estlm: hiS days, and with a cost to the taxpayers al judges for the eastern district of that he will not be able to condu~ no for travel of $2,167. Pennsylvania, and one additional dis­ work for several month_s. Ther~ ~s of Then down in Florida came springtime trict judge for the middle district of doubt in my mind and m the mm bird and the judge journeyed on up into Pennsylvania, and two additional district the judges of this court that the ~ices South Carolina and had 3 days of trial judges for the western district of Penn­ judicial circuit badly needs the seas an there at a cost to the taxpayers of $557. sylvania. In addition, an existing tem­ of this additional judge, not onlY aY be Then he spent 10 days in the District porary judgeship in the western district appellate judge but also as. he X::· strict of Columbia with no trials, at a cost of will be made permanent. These judge­ assigned to work in the various I $312 to the taxpayers of this country. ships are badly needed despite the fact courts in the circuit. n I Mr. MEADER. Would the gentleman that the Federal judges in Pennsylvania Mr. McCULLOCH. Mr. Chairm~r~rn make clear what year he is talking devote more than the average amount of yield 10 minutes to the gentleman about? time devoted by judges throughout the New York [Mr. LINDSAY]· an Mr. BOW. July 1, 1958, to June 30, United States. Mr. LINDSAY. Mr. Chair~&~, jiO• 1959-I am going to mention that in The Judicial Conference of the United omnibus judgeship bill is of vita that just a minute, if I may finish. States has approved all of these judge­ portance to the Natio~. I. daresaY been California is to have four new judges, ships with the exception of the addi­ the need for this legislatiOn h&S we tional judge for the third judicial cir­ but the actually sitting judges in Cali­ amply demonstrated in past year~~ 1ast fornia spent 112 days out of their dis­ cuit. The Department of Justice has needed a bill 2 years ago and agai June tricts, and of the 112 days, spent 39 days likewise approved these judgeships, as year. Our hopes were elevated la~·ciarY in trial. For those 39 days of trial out of had the State and local bar associations. when the Committee on the Ju hopeS their districts, for the 112 days the travel The statistics of the Administrative Of­ reported a modest bill but these short alone was $8,570. With this sort of thing fice of the U.S. Courts clearly indicate were short lived. It was not~j,Dg f en· going on it is a little hard to understand the need for the creation of all of these of a travesty that the bill fa1ledh 0t tile why we did not give them 35 judges last new judges in the State of Pennsylvania actment and it appears now t arougll year but are now asked to give them 70 and in the circuit. bill was predestined not to get th con· this year. The third judicial circuit consists of despite the valiant efforts of t??s~s ad .. One other thing: There are a score the States of Delaware, New Jersey and cerned with prompt and expedlti~ecteral or more of Federal judges who have Pennsylvania and the territory of the ministration of justice in our reached the age where they could be­ Virgin Islands. At the present time this courts. uch to come senior judges, where they could court is staffed with seven judges. Over the past 10 years approximately 290 ap­ I don't believe that it is too ~ es we receive the emoluments Congress has expect that when a need ~r~s elY to given them, and where younger men peals have been filed annually in this should act promptly and d~clSIV oillted could be appointed in those places to court, but a very particular problem meet it. Although I was d1saPP rted handle this caseload. The senior judges arises when one considers that 80 per­ in the inadequate bill that was ~rbacJc still could be handling some of this case­ cent of all the cases terminated were de­ last year, I indicated that I wo to get load. cided after a hearing or upon submission. In the third circuit the ratio of the cases the bill as it then stood in ord:rwe }lad This information is available in the decided on the merits is higher than the prompt action. As it turned ?u 'was in .. hearings of last year. The hearings of ratio that ordinarily prevails in the no action at all. The situa~10n to bC this year have been concluded. We are other circuit courts. tolerable then and it contmu~~ate ac .. still in executive session in my subcom­ intolerable. The need for 1mme I e year mittee. I cannot disclose what went on During 1960, 172 of the 296 appeals tion was as clear last year and thefforts were from district courts in civil cases; before as it is now-but our in those executive sessions, but I can say in 20 of them the United States was this: We apparently opened up a new yielded no return. 0ver avenue for some who have not watched the plaintiff and in 30 it was the defend­ I have been deeply distresse~ ba5 ant; 53 of the cases involved a Federal the ease with which the Congre d noW it because the figures this year show question, while 57 involved diversity of there has been some increase in some of citizenship. Six were private admiralty now reversed its earlier course anneroUS these sensitive areas. We will have those is seeking to adopt an overlY g~tative facts in our hearings when they are re­ cases and six involved the local jurisdic­ bill. This is an area where. leg iS bad· ported next week. I think these things tion of the Virgin Islands. In spite of precision is called for. Too little should be seriously considered in the the heavy caseload, the court of appeals Too much is worse. epart .. consideration of the establishment of 70 for the third circuit has maintained an outstanding record, not only in disposing From past experience in the ~dY on new judgeships in this country. ment of Justice and from mY st con~ I thank the gentleman. of cases but also in the time required to 0 dispose of the cases. In 1960, the median the subject since being elec~e~ t coJll~ Mr. MEADER. I asked Judge Biggs gress and serving on the Jud1C 1 ~~ need about this matter on page 425 of our for the third circuit was 6.1 months mittee, I know something of hearings on this bill. I believe the in­ compared with the national median of 6.8 months. for this legislation. t" utarlY formation was that the situation has As a New Yorker I am p_ar I~ n ill been corrected, but apparently from A very important factor in the crea­ 10 tion of this new judgeship for the third concerned with the critical sitU~ !JaSt what the gentleman from Ohio says the southern district of New yor ~ted iJl there is little evidence that it has been circuit is the work which these judges of the court of appeals have done to re­ year the six bar associations lOC rePort corrected. the_ city of New York submitte~!t brea.Jc~ Mr. BOW. There is little evidence lieve congestion in the district courts and wh1ch spoke of a "threaten ·ustice that it has been corrected. I think it is the great help given by a retired judge down in the administration of 3 of tile still rampant. It is a serious situation. whose services have been assigned to a in the southern district becau~~e nuJll .. Mr. CELLER. Mr. Chairman, I yield serious problem thereby depriving the insufficient number of judges. June 30f such time as he may desire to the gen­ circuit of his services. Over the past 3 ber of civil cases pending .on total o tleman from Pennsylvania [Mr. WALTER]. years the judges of the third judicial 1960, reached an astoundmg aU tile Mr. WALTER. Mr. Chairman, I rise circuit have sat in various district 11,281. This was one-fifth of diStrict in support of the bill, S. 912, as reported courts, not only within the third cir- civil cases pending in the 86 1961 CONGRESSIONAL RECORD -HOUSE 6295 ~~~s. ~~e median interval from filing The additional recommendations of The gentleman from Ohio [Mr. BowJ 18 Cl POsit10n was 30 months which is the Conference came to the Judiciary a moment ago made reference to the rnec:uose to t Wice· as long as the• national Committee a day or two prior to the con­ cost in connection with the transporta­ Unit!f· The Judicial Conference of the sideration of the bill by the full commit­ tion from one district or one part of dit· s.tates has recommended six ad­ tee and I do not believe they have been the United States to the other of Fed­ tri~~nafl JUdgeships for the southern dis- properly reviewed. I might add that al­ eral judges, and pointed out the increase Tho New York. though the committee bill now includes in connection therewith. ent e caseload disposed of by the pres­ an additional 10 judgeships, they do not Might I call to the gentleman's at­ ern m.embers of the bench in the south­ follow the patterns outlined by the Con­ tention, and for the information of the civil district of_ New York averaged 366 ference. House, how many of these were Federal natio~as es Per JUdge in contrast with the When it comes to the important busi­ judges who had already retired and who a 1 average of 222 I su . ness of creating additional judgeships, had volunteered their services "for Sept PPort the recommendations of the a clear demonstration of need is essen­ free," so to speak, because they were 59 a~~~-er 1960 Judicial Conference for tial. We should not rush to create new getting a full pension, and point out Pleased ~anal Federal judgeships. I am vacancies lest we water down the entire how much expense there was in connec­ JUstic ho note that the Department of system. There is a Gresham's law that tion with their travel and their conduct tions e ad endorsed the recommenda­ operates in this field as in most others. of the judicial business? I think if you incide~~ the Judicial Conference, and, High caliber and professional attain­ would study an analysis that has been hOPef ally, did not go beyond it. I am ment is the essence of a strong and inde­ submitted to our committee you would hnple~ that the House will promptly pendent judiciary and we run the risk be agreeably surprised. When we get so doi ent those recommendations. In of defeating our purpose by devaluation. back in the House I shall ask permis­ gates ~g We should not open up the flood­ I am told that in England a single sion to insert in the RECORD the names Politic i .order to take care of special judgeship is created only after the most of those Federal judges who after re­ be intJ.a Interests. The bill should not painstaking and prolonged cross-exam­ tirement have continued to help break Last Yated beyond demonstrated neec~s. ination of the Government by Parlia­ the backlog of heavY dockets of courts tics b;ar I asked that we not play poli­ ment, so important it is that caliber, throughout the United States. tions f Undercutting the recommenda­ individual importance, and stature of ADMINISTRATIVE OFFICE Year I 0 the Judicial Conference. This office be maintained. OF THE U.S. COURTS, in the sugge~t that we not play politics Based on these considerations I intro­ Washington, D .C ., June 24, 1960. 0 Hon. EMANUEL CELLER, 'I'he PPOsite direction. duced a bill, H.R. 6365, calling for 59 Chairman, Committee on the Judiciary, suPPor best c~se that can be made will new judgeships, the exact Judicial Con­ House of Representatives, tiona} ~ nothmg more than the 59 addi­ ference recommendations as of Septem­ W ashington, D.C. Judicia1uggeships recommended by the ber 1960. Today I will offer the bill as a DEAR Mr. CELLER: In compliance with your 'I'h . onference in September 1960. substitute. Valuing as I do an inde­ letter of June 23, 1960, I am sending you pendent and strong Federal judiciary, I herewith information concerning retired and dorse~ t~senhower administration en­ resigned judges and their service. The serv­ ternber e recommendations of the Sep­ believe this bill, which is the recommen­ ice ·of the retired judges during the fiscal &.dtnini ~960_ Conference and the present dation of two successive administrations, year 1959 is set forth in the table on page ney G s rat10n did likewise. The Attor­ is as far as the Congres::; should go at 156 of the hearings before the subconunittee Judici eneral, in his statement before the this time. o! the Committee on Appropriations of the )'ear, ~Y

f Number of Circuit or district Name of judge Place of servioe N "frt~; o trial days ------1------l------l------l~ 2d circuit_ __ ------Swan, T. W ___ ------Connecticut. ___ ------1 5 3d circuit______------______Maris, A. B ______-----______Illinois, northern______------___ ------2 45 7th circuiL------Major, J. EarL __ ------Florida, southern_------12 1 lOth circuit.______Huxman, W. A______Kansas ... ______~ 108 Court or Customs and Patent Appeals ______Jackson, Joseph R------District of Columbia ______

SENIOR DISTRICT JUDGE

2d circuit: 14 New York, eastern ______3 39 New York, southern_------======20 14 Do._------~ia~~;,~};,~ · 'w N~: ig~~: :~~~h'~in======5 19 Do. ______------___ 5 :rr Do._------~~il~Conger, ~~~ntE. A. ______== = =------======____ ======------_------======-= =____ == = .do=~~ =. =_ =__ ======------======_____ == = =-- == - ---=== =--== __ = ==-----~------======11 3d circuit: 1 Delaware ..... ------Rodney, Richard ------D !aware. _------_------1 18 Pennsylvania eastern Welsh, G. A.------Pennsylvania, eastern______7 '11 5 8 8 1 1 Pe~[!~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ - ~~-:~~~~~~~~~~~~;=-======- ~~~~~ft~~~:i~~~~~=~ ======97 4th circuit: Ch t W C 1 . Maryland ... ------65 5 2 8 13 11 ~0~~~~~~~~~~~~~~======~======-~~~fo~ ~~~~~~~~======~~~~~ 8:~~:: :fJ~~======5 8 Do.------______do._------.------Pennsylvania, western ______------8 8 7 2 2 3 ~~~~~~~~======Do •• ------_____~~~:~~~~~~~~=~-=-======do.------_------_------~~-i~~:-~?~-~:======Virginia, eastern. _------3 5th circuit: 1 1 43 24 3 Flo~~~~~~~~~======:: -~~ ~~e: -~~~i-e~======: = ~~~~!~:: :~~~:~ =: ======2 21 7 25 Flo~~~-~-~~~~======~~~~~d,'j~~~~-= :======-:A~ii~~i\======5 1 Do.------______do __ ------California, northern.------2 Mississippi, northern.------Cox, Allen. __ ------_------____ ------HssissiPlJi, northern ______------5 7th circuit: 4 17 6 13 Illin:O~: ~~~~======- ~-~'d~:-~~~~-~--======g~~~~d~~:~:~--======7 Do._------____ ------_____ do ______------Now York, south rn. _------23 8th circuit: 4 31 Nebraska------Dclehant, John W _. ___ ------______Nebraska. __ ------23 34 Do.------_____ do ____ ------___ ------_ Tcnnc r, eastern _____ ------9 43 4 Mi~~~·-~~~~~~ ==: ::: == ::::::::::: ======-~~~d~~~~ -~======: : == =: ======:: === ==: ======~!llio~~~~· :~t~be~~ =: =:: ======(6 9th circuit: 62 Caillornla, northern______Roche, M lchael J. .. ______----_-- _------CCaauli!ornrnlaia •• snoourtthheemrn.-_--__- -_-_ -_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_ -_-_-_ ------27 California, southern_------___ Weinberger, Jacob ______------, 26 6 0 3 Nevada_------Foley, Roger T ------______------·evada. ------______------__ _ 3 Do. ______--______.do... ---______IIa waiL .. ______1 lOth circuit: 5 Oklahoma, western._------Vaught, Edgar s.a ______------___ ------Oklahoma, western ______2 29 DiStrict of Columbia______Schiveinhaut, Henry ______------DiStrict ot Columbia _____ ------_J----

1 Retired Febrnary 1960. a Died May1960. 2 Retired September 1959.

Service of retired circuit and district judges in courts of appeals, from J uly 1, 1959, through Apr. 30, 1960 ~ ------~------~----~~------~------N~~~ Circuit or district Judge Place of service Number of Circuit or district Judge Place of service beariJlP hearings - __.... ------1------1------l------ll:------l------l------3614 1st circuit______Magruder, Calvert ____ 1st circuit ______61 6th circuit______Simons, Charles C ____ 6th circuit. .. ------53 Do ______do._------2d circuit.------19 7th circuit______Major, J. EarL ______7th circuit.. ------8 Do ______do. _------9th circuit. ______34 th circuit______Sanborn, John B______th circuit... ------16 2 50 9th circuit. ______Mathews, Clifton _____ 9th circuit.. ------z5 22 6 1 d ct:b~~~======Do______t~Medina.. L!ieme other States, appeared with the rest of the delegation, North Carolina could certainly justify the legislation that was before the com­ did he not? three additional Federal judges. But if mittee at that time. Mr. JONAS. No, sir; I did not ap­ ·in order to get 'three additional judges Mr. JONAS. The favorable report on pear. I signed a statement prepared by in North Carolina, we are going to have H.R. 12552, therefore, was preceded by one of our colleagues. ·to load this bill up with a lot of unneces­ extensive hearings, careful study and Mr. ROGERS of Colorado. Surely. sary judges that cannot be justified on thoughtful consideration by a subcom­ Mr. JONAS. In which he made a the basis of the criteria mentioned mittee? good case for three judgeships in North above, I for one am willing to forgo the Mr. McCULLOCH. That is right, sir. Carolina. opportunity of obtaining three new · Mr. JONAS. And then action by the Mr. ROGERS of Colorado. Yes; and judges for our State. I do not think full Committee on the Judiciary? to this day the gentleman has not voiced judgeships should be allocated on a . Mr. - ~cCULLOcH .. That ' is ·right; . ai?-Y obje,ction to the three judges for "pork barrel" basis, and the record cer- unanimous ~ction. · · . North Carolina, has he? , tai~y does not indicate to me that ?O 6298 CONGRESSIONAL RECORD-· HOUSE April 19 new judgeships are required throughout of getting a judgeship bill through are the committee represents about as sound the country, plus the 19 new judges that improved, the Judicial Conference re­ judgment as could be exercised. will be appointed to fill ex·isting viewed the need and in March 1961 rec­ Of course, we all realize that omnibus vacancies. ommended 69 judgeships. bills of any kind, particularly judgeship For these reasons I intend to support The Attorney General and the Presi­ bills, involve some minor degree of prac­ the substitute offered by the gentleman dent stated that the judicial officers tical considerations. So I am supporting from New York [Mr. LINDSAY] which would be selected on the basis of the the bill as reported out by the committee would follow the recommendations of the best qualifications only. and oppose any amendments to the com­ Judicial Conference made last Septem­ The advantage to the people in an mittee bill. ber. If that substitute is not approved, adequate number of judges is immeas­ Several weeks ago the chairman of the then I shall reluctantly vote against the urable. Automation cannot be applied committee sent a letter to the Chief Jus­ bill on final passage because I think it to the operation of the courts or to the tice of the Supreme Court of the United contains a number of unnecessary judge­ application of research or thinking time States on March 10, 1961, and I inserted ships for areas already well supplied with to the solution of problems of litigants. that letter in the CONGRESSIONAL RECORD. judicial manpower. Each citizen would want a thorough The letter sent by the chairman of the The CHAIRMAN. The time of the study and consideration of his problem. committee is a most unusual one and, gentleman from North Carolina [Mr. The service to the people in the judicial coming from the chairman of the com­ JoNAS] has expired. branch of our Government is of greatest mittee to the Chief Justice, pointedly Mr. McCULLOCH. Mr. Chairman, I importance and the opportunity to get called to the attention of the Chief Jus­ yield myself as much time as I may con­ justice within a reasonable time is one tice that judicial councils have failed in sume. of the features of our democracy which performing their duties as provided by Since our colleague from North Caro­ individual citizens nave a right to ex­ law. In his letter he said : lina has referred to a very compelling pect. From my own personal experience and ob­ editorial in the Washington Post, I The 84th, 85th, and 86th Congresses servation, I realize that by far, most of the should like to refer to an editorial from apparently could not get a judgeship members of the Federal judiciary are a hard­ a newspaper in Dayton, Ohio, which was bill through because of the division be­ working, respected body of men. founded and published, until his death, tween the Executive and Congress. Now I thoroughly agree with that state­ by the late great James M. Cox, candi­ in the 87th Congress the Judicial Con­ ment. I think the same statement could date for President on the Democratic ference sees an opportunity to fill the go down to the judiciary on the State ticket in 1920, and now published by his actual need and therefore made its rec­ level and on the local level. However, son, James, Jr. I commend that edi­ ommendation of 69 judgeships. that does not mean that every member torial to the reading of my colleagues The bill reported by the Judiciary of the judiciary is an ideal judge. When in the House. _ Committee recommends 70 judgeships I say "ideal," I mean as ideal as is hu­ Mr. CELLER. Mr. Chairman, I yield and the committee in its judgment feels manly possible. such time as he may require to the the slight increase is justified. I there­ I have had called to my attention, and gentleman from Maryland [Mr. JoHN.:. fore support the committee bill and hope I assume other Members have, a growing SON]. that the House will join the committee tendency on the part of some of the Mr. JOHNSON of Maryland. Mr. majority in its passage. members of the judiciary to adopt in Chairman, I should like to ask the Mr. CELLER. Mr. Chairman, I yield the courtroom a very arbitrary atti­ chairman of the committee a question; such time as he may require to the gen­ tude, in fact amounting in many cases whether or not this bill in any manner tleman from Ohio [Mr. VANIK]. to judicial dictatorship. They are amends section 100 dealing with the Mr. VANIK. Mr. Chairman, I should judges who threaten lawyers with con­ holding of terms of court in Maryland, like to inquire the effect in this legisla­ tempt of court. In fact, there are some specifically at Baltimore, Cumberland, tion of the appointment of temporary courts in this country where a lawyer and Denton. judges. There are several cases in which before he goes in there does not know Mr. CELLER. I will say to the gentle­ the judges will receive a temporary ap­ whether he will come out without a man it does not. pointment as distinguished from a per­ threat of contempt or be adjudged Mr. JOHNSON of Maryland. I thank manent appointment. What is the effect guilty of contempt of court. One such the gentleman. of the temporary appointment? judge is one too many. Mr. CELLER. Mr. Chairman, I yield Mr. CELLER. That means that the I address myself to that type of judge such time as he may consume to the first vacancy that occurs in the district because I do not like dictators, foreign gentleman from Pennsylvania [Mr. shall not be filled. or domestic. Anybody who is a judge TOLL]. Mr. VANIK. It means, then, that the has a great responsibility. Any judge Mr. TOLL. Mr. Chairman, the state­ new judgeship created will terminate as who thinks when he goes into the court­ ment made by the Members of the House soon as the next vacancy occurs? room that he "is the law" is a man who regarding the judgeship bill of the 86th Mr. CELLER. That is correct. . certainly can create fear in the minds Congress does not take into considera­ Mr. VANIK. And that the number of of the bar of the community or area in tion the problem of the divided nature judges would then be reduced to the which that court sits. of party control in the Executive and original number? It happened that the first public office Congress. Mr. CELLER. · That is correct. I ran for was a constitutional conven­ The committee recommendation of 35 Mr. VANIK. I thank the gentleman. tion in Massachusetts many years ago. Federal judgeships in the 86th Congress Mr. CELLER. Mr. Chairman, I yield One of the issues of that campaign was reflected the problem of getting a bill 10 minutes to the gentleman from Mas­ the election of judges. I opposed it. I through in view of the nature of the sachusetts [Mr. McCoRMACK]. stated publicly that I was opposed to controversy regarding the creation of the Mr. McCORMACK. Mr. Chairman, I the election of judges as far as Massa­ positions and the persons who would fill chusetts was concerned. I felt that I them. This controversy existed regard­ recognize the difficulty that any commit­ tee has considering an omnibus judge­ wanted as independent a judiciary as less of the alleged offer of the prior ad­ ship bill. Under the circumstances exist­ the law or .humanity would permit. I ministration to select new judges on a ing at the present time I think the Com­ am still of that same state of mind. basis of recognizing the spirit of equal­ My district in a public opinion poll only ity in the number to be selected from mittee on the Judiciary has done about each party. The number thus cleared the best job that could be done in report- · the year before I ran for that post ran for consideration was inadequate. ing this bill out. I recognize that there 18 to 1 in favor of the election of judges. The Judicial Conference recommended are some Members who might feel that But the question was such a funda­ 59 judges in 1960 and demonstrated the the bill. provides for some additional mental one, in my mind, that when I need throughout the country in their judgeships that are not necessary. But went before the people of the district in testimony and reports. I think upon the evidence the committee my first effort to be elected to public Now that the Exe.cutive and the Con­ has considered the .nationwide situation office-and whether wisely or not, the gress are of one party and the chances very well, and the bill as reported out by people of the district did elect me to 1961 CONGRESSIONAL RECORD -HOUSE 6299 office-! took the position that I was op­ connection with the handling of anti­ motives, has besmirched their integrity posed to the election of judges-and that trust cases. He was engaged in the dis­ and honesty; and he has developed such was going to be a prominent issue in the position of these antitrust cases in such a condition that I would say 85 percent constitutional convention which was to a manner that the interest of the States of the attorneys, members of the Massa­ meet within 6 months after that elec­ and political subdivisions would be pro­ chusetts bar, are fearful to appear in tion. I refer to that incident to show my tected. The Assistant Attorney General his court. profound respect for our judiciary and Bicks, under Mr. Rogers, did that-and I say that the administrators of the the judicial system. I have fought in the that is what this judge was referring Federal Courts of this Nation should field of politics in favor of an independ­ to. Now let me go a little step further take steps to curb such a Federal judge. ent judiciary under conditions where and I will quote from this newspaper ar­ I say to you that when a judge orders ordinarily one would be defeated for ticle again: the issuance of a criminal summons 4 taking such a position. Of course, every­ Any statements issued about this case- days before an election, when all the one will understand that I am not saying circumstances called for was the is­ that just because a judge is elected, he is declared the judge. suance of a regular witness summons, not independent, but as between the elec­ And the only reason I do not mention and try to create the impression in the tion of judges and the appointment of the judge's name-and I am not afraid to minds of the people of a Congressman's judges, I personally favor the appointive mention his name, but the only reason district that the Congressman was a de­ system, under whicb judges would be I do not mention the judge's name is be­ fendant and not a witness, I say that cause I do not like to put a name in the he has abused his authority, he has appointed for life. RECORD which will be there for genera­ It happens that I have a nephew who violated civil rights, he has violated tions to come, and I do not like to have every decent principle that we can have is attorney general of the Commonwealth anything go too far-but continuing of Massachusetts. I am able now to be in our courts; he has violated the code this quotation from the paper, this judge of decency of the court. reelected to the Congress because he is said: my nephew. Not so long ago, a Federal This judge subjected me to a per­ judge in Boston threatened him with Any statements issued about this case sonal attack 4 days before an election. contempt of court in the performance of were no doubt given out for political pur­ Yes, they tried to step in and steal a poses and whoever issued such a statement congressional seat. -And all I was, was his official duties. Well, anyone who de­ may well be in contempt of court. clares war on the McCormacks ought to a witness-nothing done improper, know that a McCormack always is ready This is not an isolated case I am talk­ nothing wrong; but he made a state­ to join the issue-and the war is on until ing about. ment on the bench of the court when peace terms have been offered by the one Mr. BURKE of Massachusetts. Mr. I was down here in Washington, D.C., who declared the war. It is not for this Chairman, will the gentleman yield? had no papers served on me, and I did instance alone, but of other instances of Mr. McCORMACK. I yield to my not have information that the case was threat of contempt and even going so friend from Massachusetts. It will be going on or that my presence was re­ interesting to know what happened to quired as a witness. He said: "Let him far as this judge ordering a lawyer to get up here on a plane." appear in his courtroom so that he could him. The CHAIRMAN. The time of the I would have been glad to get on a be held in contempt because the lawyer gentleman from Massachusetts has plane if it were possible and appear in out on the street said something that the expired. the court that morning. It was 4 days judge did not like. Of course, the lawyer Mr. CELLER. Mr. Chairman, I yield before an election, 4 days, and they were did not go to the court. There are many to the gentleman from Massachusetts fighting for that congressional seat. other things I could refer to, but I am 5 additional minutes. This could happen to any man, whether not going to do so. I am going to· con­ Mr. McCORMACK. Mr. Chairman, he be Democrat or Republican, at the fine myself to this issue only. Here is a this could happen to anybody, Republi­ hands of this particular judge. copy of the Boston Globe of October 19, can or Democrat. I question his activities that day; the 1960. It was only about 2 weeks before Mr. BURKE of Massachusetts. I remarks he made from the bench were the election-a poor time for any judge wish to associate myself with the re­ entirely uncalled for. If ever a judge to inject himself into the issues of a marks of our majority leader. I will not was subject to censure it was this par­ political campaign-whether he be a Re­ mention the name of this judge. He ticular judge, because he abused all the publican or a Democrat. At that time, not only injected himself into the affairs privileges of his position, all the author­ my nephew was protecting the interests of the attorney general of Massachu­ ity vested in him by the U.S. Govern­ of the cities and towns of the Common­ setts, but he also injected himself in ment when he tried to inject himself into wealth of Massachusetts. This particu­ the congressional fight in my district, that congressional fight. lar judge misconstrued a statement by tried to smear my good reputation, and But I say to you that the people of my nephew and this judge from the made remarks uncalled for, subjected my district were intelligent enough to bench publicly stated that he might me to a vitriolic attack, an unfair at­ see through this action of his. I not only adjudge the attorney general of the tack that I could not answer. broke all records in the election in my Commonwealth of Massachusetts in con­ This judge smeared not only my repu­ district, but in strong Republican areas tempt of court-or words to that effect. tation, but also the reputation of the my vote increased by almost 30 percent. The judge even went further than that. Governor of the Commonwealth and I received the support of most of the at­ He even stated from the bench, and I will the reputation of other honest people. torneys of my district. Yes, the people quote the words directly from the news­ I say to this House that I am in favor of my district spoke out against this paper: of those judges who sit as judges; but blatant political attack made upon me I am not myself quite aware why the At­ when a judge comes in and uses his on the Friday preceding the election. torney General of the United States- court as a sanctuary and subjects hon­ This judge has acted in the role of a est and decent people to personal at­ politician trying to influence the elec­ The Attorney General of the United tacks 4 days before an election, I say torate by his intemperate and unfair States at that time was Mr. Rogers­ that such a judge has abused all of his statements from the Federal bench. chose to further the ambitions of the attor­ powers and all of his authority. His activities on the bench are cer­ ney general of Massachusetts who is a Demo­ This particular judge tried to dictate tainly open to question. The Federal crat. to the Governor of the Commonwealth bench is no place for a tyrant or a des­ Can you imagine that? What hap­ of Massachusetts on the appointment of pot. He is ill mannered, discourteous, pened? My nephew and a few other at­ a judge to the Supreme Court of Mas­ uncivil, rude, injudicious, and overbear­ torneys general representing the attor­ sachusetts. ing. He lacks balance. neys general of the United States some This particular judge, time and time In my opinion he was attempting to months prior to that had a conference again, has threatened attorneys and use a new smear technique in trying to with Assistant Attorney General Bicks, members of the Massachusetts bar who influence the electorate of my district. who is a great man in my book, a man of had the courage to appear before his The CHAffiMAN. The time of the courage and ability. He was Assistant court, has threatened them with cita­ gentleman from Massachusetts has again Attorney General under Mr. Rogers in tions of contempt, has impugned their expired. 6300 CONGRESSIONAL RECORD - HOUSE April 19 Mr. CELLER. Mr. Chairman, how the English language. But as every lawyer govern the trial to assure its proper conduct. much time have I remaining? with trial experience knows, the witness Quercia v. United States, 289 U.S. 466, 469 . whose memory is clear and sharp, who in ( 1933) . Moreover upon his shoulders rests The CHAffiMAN. The gentleman court is neither overawed nor cockily over­ the duty to see that the trial is conducted ·from New York has 3 minutes remain­ confident, and who has the capacity clearly with the solicitude for the basic and essen­ ing. to understand the questions asked and the tial rights of the accused. Glasser v. United Mr. CELLER. Mr. Chairman, I yield command of language to answer briefly and States, 315 U.S. 60, 71 (1942). But when the myself 3 minutes. ·accurately is indeed a rara avis. Cases can trial judge assumes the role of counsel the only be tried on the testimony of those who adversary system breaks down into confu­ Mr. Chairman, I have listened with a have knowledge of the issues, whoever they sion worse confounded as the record in this great deal of attention to what the gen­ may happen to be, and all too often, indeed case clearly shows. tleman from Massachusetts said about usually, witnesses, coming as they ordinarily This record provides a prime example of this particular judge in the first circuit. do from the body of the general public, the conEequences of overzealous participa­ Knowing the gentleman was going to · neither think nor speak with the clarity and tion in the examination of witnesses by the make his statement, I have prepared precision of academicians. For the most part trial judge, for it is clear that the judge's brief remarks on the subject. witnesses with only average education and sharp persistent, sometimes almost badger­ intellectual capacity are the tools with ing, questioning and caustic remarks first Often the overrighteous can do much which trial counsel must work as best they made the witnesses wary and overcautious evil. can. Moreover, every occupation has its own and then confused them into inconsist­ This particular judge is overly right­ vernacular. Sailors, doctors, railroadmen, encies, and in addition disrupted the or­ eous. He is bold, he is brilliant, but most engineers, not to omit lawyers, and others derly presentation of the Government's case arbitrary. He thinks he is the be-ali too numerous to mention, more or less un­ according to the plan outlined to the jury and end-all of wisdom. His views can­ consciously slip into the vocabularies of by the assistant U.S. attorney by taking not be questioned. He is sort of a judi­ their callings. Naturally witnesses can and its witnesses into matters they were not cial panjandrum and, therefore, never should be required to explain the words offered to cover in their testimony. • Run­ they use. It is hardly necessary, however, to ning cross-examination from the bench, hesitates to act as judge, prosecutor, and do so with ridicule or caustic criticism, or particularly during a witness' direct exam­ jury, all rolled into one. In a trice he repeatedly to check a witness' use of words ination, is an innovation in trial practice will on occasion convert his court into in reasonably common use by reference to which definitely does not have the approval a U.S. attorney's omce, or something not the Oxford English dictionary, or to require of this court.1 unlike a grand jury. strict adherence to the--rules of grammar. We are at a loss to understand the basis Numerous complaints have reached me The bench is not an appropriate rostrum for the judge's criticism of the assistant as chairman of the Committee on the from which to teach the niceties of English U.S. attorney for talking with a Government Judiciary concerning this judge's un­ grammar and usage. witness during a recess. We are not aware of It may be well that solicitude for the es· any rule of law, "elementary" or otherwise, usual and untoward conduct. sential rights of an accused requires the or any canon of professional conduct for­ I will say this: It has been said that trial judge to cross-examine Government bidding the practice. Of course, as a mat­ justice is blind. It is just as well that witnesses when an accused with no c·apacity ter of trial tactics, counsel ordinarily avoid justice is blind; she might not like some to protect his rights insists upon conducting talkinb with a witness during a recess called of the things done in her name by Judge his own defense or when an accused is repre­ while the witness is on the stand so as not to Wyzanski. sented by wholly inadequate counsel. No provide opposing counsel with a · point to such situation is before us here, however, argue _to the jury. But tactics are one thing How strange, however, that none of for the accused were skillfully repre:;;ented and rules of law and canons of ethics are the bar associations in the first circuit by able and experienced trial counsel who quite another. There is nothing wrong that have offered complaints. That tokens were very well qualified to preserve their we know of in talking with a witness during of spinelessness on the part of the mem­ client's every interest. We think it would interv"lls in his examination in court. In­ bers of the bar in that area. They have been far better had performance of deed in Frazer v. United States, 233 F. 2d 1, should complain. But maybe they are that function been left to counsel. Trial 2 (C.A. 9, 1956), counsel for the Government afraid of retaliation. judges must not forget that questions from was commended for privately reminding a the bench naturally and properly fall with witness of a false statement in her testi­ There was a case decided in the U.S. great impact upon ordinary witnesses and mony thereby causing her to change her Court of Appeals in Boston in which that counsel are reluctant to object toques­ testimony to conform to the truth. the United States petitioned for man­ tions asked by a judge for fear of giving The assistant U.S. attorney was not guilty damus that severely chastised and offense. There can be no even give-and-take of any misconduct or impropriety, and even severely condemned this very judge for in court between the judge and counsel for if he had been it would seem that the most his conduct in that particular case. I counsel on the floor do not stand on even the defendants would be entitled to would be have not the time to read the condem­ terms with the judge on the bench. an order of mistrial.2 Berger v. United While performance by the trial judge of States, 295 U.S. 78 ( 1935). Moreover, the nation, but it shall be placed in the his function, indeed duty, to see that the judge should have allowed the jury to pass RECORD: truth is elicited ordinarily requires clarify· on the credibility of the Government's in­ We cannot be sure whether the judge di­ ing questions from the bench, and maybe troductory witnesses and allowed the Gov­ rected acquittal of the defendants because on occasion sharp warnings, it is not his ernment to proceed with the presentation of he thought the testimony of two of the four function or duty to take the conduct of a its concrete evidence of the offenses charged. witnesses put on by the United States at the case away from counsel. Counsel, as in this The question remains as to what, if any­ outset of the trial was not entitled to belief case, who sees the examination of his wit­ thing, this court can and should do to cor­ or because he thought the action of the nesses taken over by the judge and led into rect the trial judge's error. . assistant U.S. attorney in talking with a matters the witnesses were not intended to Certainly the judge's error was prejudicial Government witness during a recess called . cover in their testimony and so opened for to ·the United States. But the United States while the witness was on direct examination cross-examination as to those matters by the obviously cannot appeal. Nor may it re­ deprived the defendants of some basic civil other side, finds himself in a most difficult sort to mandamus as a substitute for ap­ right. But whether the judge acted as he and embarrassing situation. In the first peal. The writ is not available "to correct did for one reason or for the other, or for place, it is a delicate matter about which · a mere error in the exercise of a conceded both reasons in combination, we think his counsel think twice to object to any question judicial power." De Beers Consolidated action was not only plalnly erroneous but asked by a judge. In the second place, if Mines, Ltd. v. United States, 325 U.S. 212, beyond his jurisdiction. counsel objects to a judge's question on the 217 (1945). It is ~vailable, however, to cor­ ground. 'that it leads the witness into mat­ The testimony of the two principal wit· rect judicial action which is not mere error nesses to whom we have specifically referred ters he was not offered to testify about, coun­ was certainly confused and con:fiicting. sel runs the risk, exemplified in this case, of but usurpation of power, id. One of the But, although to an appellate court the rec­ · comment by the judge before the jury im­ writ's two traditional uses "both at common ord of a trial may be "cold," it can neverthe­ plying that h.e is seeking to cut off legitimate less be clear; and it is clear from the record inquiry. On the other hand, if counsel does 1 If cases are to be tried by the judge in­ before us that the confusion and conflicts not object he soon finds his witness flounder­ stead of by counsel, the rules of procedure in these witnesses' testimony was due in no ing and displaying ignorance and, again as will have to be drastically revised. minor part to the trial judge's persistent, in this case, provoking critical comments by 2 Conceivably, although we have no occa­ sharp and sometimes caustic cross-examina­ the judge either on the witness' intelligence sion to decide and do not decide, a judg· tion throughout their direct examination. or on counsel's failure to prepare his case. ment of acquittal might be warranted in the It is evident that the memories of the Gov­ We recognize that in the Federal courts event that deliberate misconduct of Govern· ernment's witnesses were not entirely re­ the trial judge is not relegated to the posi­ ment counsel is so outrageous as not only to liable, particularly as to details and it is tion of a mere moderator. He has the duty render the trial in progress unfair but also also evident that they were not masters of not only to make rulings of law· but also to to make a fair trial in the future impossible. 1961 CONGRESSIONAL RE-CORD-· HOUSE 6301 law and in the Federal courts has been, in I call the attention of the judicial bill with the proposition, and this House appropriate cases, to confine inferior ·courts council to the fact they must examine passed the bill- with a provision in it, to the exercise of their prescribed jurisdic­ very carefully the conduct of this judge outlawing trial by jury in contempt tion." United States Alkali Export Ass'n, Inc. v. United States, 325 U.S. 196, 202 (1945). "for the prevention of stigma, disrepute. cases. Do you remembe:r that? Do you Therefore the distinction to be drawn is be­ or other element of loss of public confi­ remember who voted for it, outlawing tween an error in the exercise of a power dence," I sound this solemn warning, trial by jury in contempt cases in the conferred a.nd an attempt to exercise a pow­ that unless the judical council of the first civil rights bill that came before er not possessed. first circuit acts promptly in consider­ this House? There can be no doubt of the power of the ing, weighing, and evaluating the con­ Fortunately the other body took that court under rule 29 (a) of the Federal Rules duct of this judge, there will be left a provision out, but I wonder how you of Criminal Procedure to order the entry of vacuum. Then it will be necessary for would feel today under the circum­ judgment of acquittal, either on its own motion or on motion of a defendant, as to the Committee on the Judiciary of the stances that allegedly exist in Massa­ one or more of the offenses charged in an House to fill that vacuum and examine chusetts, if that provision had become indictment or information "after the evi­ exactly what this Judge Wyzanski is do­ law. One of the gentlemen spoke of dence on either side is closed if the evidence ing in the first circuit. civil rights being involved in the Massa­ is insufficient to sustain a conviction of such Mr. McCULLOCH. Mr. Chairman, I chusetts issue just presented to us. I offense or offenses." In spite of the clear yield such time as he may desire to the voted against the first civil rights bill wording of the rule, perhaps, as the Govern­ gentleman from Maryland [Mr. MA­ because it provides for the outlawing of ment concedes, although again we do not THIAS]. trial by jury in certain contempt cases need to decide and do not decide, judgment of acquittal might properly be entered in Mr1 MATHIAS. Mr. Chairman, we and I am proud of that vote. some situations even before the close of the have been asked by the distinguished Now, 1 would like to ask the chairman Goverment's case, as, for instance, when the majority leader to take this bill creating of the Committee on the Judiciary a Government's opening statement unmistak­ 70 additional Federal judgeships upon question or two. I have listened to the ably shows that the evidence it proposes to the evidence of its general merit and statements made this afternoon that introduce would not sustain a conviction, or notwithstanding the existence of some ''justice is the bread of the nation," and when it produces evidence conclusively possible defects. "justice delayed is justice denied" and showing either that it has no case or that so on and so forth. Why have not these the accused has an ironclad defense. But Mr. Chairman, it is just such evidence there is no suggestion of any such situation that I hav.e sought to find with only par­ 19 judicial vacancies been filled? here, for the judge abruptly terminated the tial success. If the committee were to Mr. CELLER. Well, I think the gen­ Government's case by ordering the entry of assume that the recommendation of the tleman might well have directed that a judgment of acquittal on evidence show­ Judicial Conference, made last Septem­ question to the previous incumbent of ing no defense and long before the Govern­ ber, for the creation of 59 new Federal the White House. ment had had an opportunity to show judgeships was reasonable., well consid­ Mr. GROSS. As I recall, we have had whether or not it had a case; and, moreover, ered and based upon demonstrated ne­ another President since January 20 of he did so in ignorance of either the exact nature or the cogency of the specific evidence cessity, then we should seek the evi­ this year. Why has he not filled the 19 of guilt which Government's counsel said he dence of further need since the date of vacancies? had available and was ready to present. that recommendation. I have not found Mr. CELLER. Well, I still say that Primarily on the basis of two cases to be any evidence adduced by the Judicial the duty rested upon the previous Presi­ cited and discussed presently, we think that Conference or presented to the Judiciary dent. He held these judgeships up for under the circumstances of the case before Committee which proves a material an inordinate length of time. President us the judge had no power, that is to say, change of conditions since la$t Septem­ Kennedy had very little time to look jurisdiction, to terminate the Government's ber to justify a request for 11 addi­ around, as it were, and he is evaluating presentation of its case in midcourse by entering judgment of acquittal and that tional judges. the situation. mandamus lies to correct the error. I do not, however, think that the Con­ Mr. GROSS. The nominations were In Ex Parte United States, 242 U.S. 27 gress should base its decision upon the pending in the Senate, were they not? (1916), the Court held that, practice in cer­ size of the Federal bench upon any as­ Mr. CELLER. I beg your pardon. tain circUits including this one to the con­ sumption about the good faith or sound Mr. GROSS. The nominations were trary notwithstanding, a distrtct judge in basis of the conclusions of any other pending in the Senate, were they not? the absence of statutory authority had no body. The Congress must make this de­ Mr. CELLER. Not 19 of them. There power permanently to suspend a mandatory termination of fact. It still has to be minimum sentence of 5 years for bank fraud were a few recess appointments. Not and that mandamus lay to require the judge done, and the evidence is not before us 19 of them. to vacate his erroneous order of suspension. to determine the need with the accuracy Mr. GROSS. Well, how many were and the wisdom that the case demands. The distinguished majority leader re­ pending? Can the gentleman tell me? As I said in my additional views ap­ Mr. CELLER. I have not the number ferred to a communication which I sent pended to the minority report on this now; but nowhere near 19. to the Chief Justi~e of the U.s. Supreme legislation, I could support a bill for 59 Mr. GROSS. But you have had 19 Court, calling his attention to the fact new judgeships with a clear conscience. vacancies since January 20, 1961. that in 1939 we passed a statute that I am, however, very reluctant to vote for this bill without further study of the Mr. CELLER. In fact, if my memory reads as follows: serves me, there were only three pending. Each judicial council shall make all neces­ matter. sary orders for the effective and expeditious I hope that the Congress will not con­ Mr. GROSS. But there have been 19 administration of the business of the courts sider its responsibility with respect to vacancies since January 20; is that within the circuit. The district judges shall the Federal bench discharged. The Ju­ not correct? promptly carry into effect all orders of the diciary Committee still has an obliga­ Mr. CELLER. Those vacancies oc­ judicial council. tion to make a comprehensive study of curred almost all during the last year. In a report of the responsibilities and the judicial workload and the adminis­ Mr. GROSS. What is the reason for powers of the judicial council· adopted tration of justice. I hope this duty will this bill? by the Judicial Conference on March 13- be performed promptly, as consistently Mr. CELLER. The reason for this bill 14, 1961, we find the following: advocated by the ranking minority mem­ is this. Certainly the gentleman places Most of the councils appear, from the ber of the committee in the last three confidence in the chief justices of the things with which they have dealt in these Congresses. various circuits together with the Chief situations, to have recognized that their re­ Mr. McCULLOCH. Mr. Chairman, I Justice of the U.S. Supreme Court who sponsibilities and power extend, not merely yield the remainder of our time to the advises that these judges are needed, to dealing with the questions of the han­ gentleman from Iowa [Mr. GRoss]. to the extent of 69. dling and dispatching of a trial court's busi­ · Mr. GROSS. Mr. Chairman, I am not Mr. GROSS. Let me ask the gentle­ ness in its technical sense, but also to deal­ man this question. These judges are ing with the business of the judiciary in its a lawyer, but I have listened attentively broader or institutional sense, such as the to the story of this situation in Massa­ needed, at least you contend they are preventing of any stigma, disrepute, or other chusetts; this threat of contempt, as I needed, to take care of the caseload, the element of loss of public confidence oc­ understand it, of certain persons. I re­ workload in the Federal courts; is that curring as to the Federal courts or to the call a day in this House a few years ago correct? administration of justice by them. when we were confronted in a civil rights Mr. CELLER. That is correct. 6302 CONGRESSIONAL RECORD- HOUSE April 19 Mr. GROSS. All right, then. Why CASE BACKLOG IN FEDERAL COURTS rillo, Lubbock, Abilene, Wichita Falls, have not the 19 been appointed to give During the fiscal year 1960, the Fed­ San Angelo, and others have all grown relief if it is so badly needed? eral appellate courts received a record commensurately. Little wonder the Mr. CELLER. I have not the power of number of new cases. Almost 4,000 ap­ caseload is so staggering. appointment. That rests with the Chief peals cases were filed, and the pending From this information I think it can Executive. That takes some time. caseload increased to a record backlog readily be seen that a great and truly Mr. ROGERS of Colorado. Mr. Chair­ of 2,220 cases· in the Federal appellate critical need exists, particularly in the man, will the gentleman yield? courts as of last June 30. area of my immediate responsibility, and Mr. GROSS. If the gentleman can Even in spite of our legislation in 1958 to an appreciable extent in the Nation shed any light, yes. which sought to help relieve the load on as a whole. This bill will provide a Mr. ROGERS of Colorado. We do not the district courts by curtailing juris­ measure of long needed relief, and for pick up any Tom, Dick, or Harry that diction in certain Federal courts, the these reasons I urge its immediate pas­ is admitted to the bar and appoint him total filings in the U.S. district courts sage. as a Federal judge. nevertheless increased. Mr. HOSMER. Mr. Chairman, I wish The first thing that is usually done if The number of pending civil actions to make clear the reasons for my opposi­ there is a recommendation made by the in the Federal district courts increased tion to cutting the number of judgeships Senator from that State, or if there is last year to a figure of 61,016. The aver­ authorized by this legislation and my no Senator from the majority party, is age time lapse between the filing and the support for adding two additional judges to go out and determine what his quali­ disposition of a civil case has increased for California, making, in all, four new fications are. They make a complete to almost 18 months. In certain areas, district court judgeships for California. check on him as to his character and of course, the time interval is a very The Federal courts of this country have reputation in the community, and so great deal long~r than this. had tremendous pressures added to forth. The gentleman would not expect During the last calendar year, there calendars by the sheer increase in num­ the Justice Department and the FBI were in addition to the civil cases a to­ bers of the population of this country. overnight to go out and make a complete tal of some 28,137 criminal cases filed in The expanding economic life of the investigation and have the Senate con­ the Federal district courts, and for the country has had the same effect. The firm him all within 60 days, would he? fourth consecutive year cases in bank­ size of our judicial system simply has not · Mr. GROSS. Let me ask the gentle­ ruptcy reached an alltime high with expanded in any proper relationship to man this question. How many months is total filings in bankruptcy matters dur­ the burden of work placed upon it. Both it going to take if the House votes this ing 1960 of 110,034. By last June 30, our population and our economy will con­ 70-judge bill, plus the 19 vacancies, for the backlog of pending bankruptcy cases tinue to expand and continue to impose a total of 89, to relieve this situation had reached an alltime peak of 94,900. new and heavier legal burdens. One of that the gentleman says exists? THE NEE D IN TEXAS the basic principles of our system of jus­ Mr. ROGERS of Colorado. All I can tice is the right of those accused to a say is that I am well acquainted with The need for additional judgeships is speedy and fair trial and, if they want it, the Attorney General who has charge particularly acute in my own State of before a jury of their peers. Another of of making the investigation; and I am Texas with its enormous growth both in the basic principles of our system of jus- sure that he will move with speed in population and in diversity of the busi­ . tice is the right of litigants in civil cases every instance to try to get up to the ness structure, both of which tend to to be heard and have their cases decided Senate and have those nominations con­ place an ever-increasing burden upon within a reasonable time. This is par­ firmed. The gentleman recognizes, and the courts. This bill would provide ad­ ticularly important to plaintiffs in civil I know, that in many instances even ditional Judgeships for the northern, cases. Congested court calendars and after the nomination goes to the Sen­ southern, and western judicial districts bottlenecks in the judicial system from ate, they may not have hearings as of Texas. Each of these judical dis­ lack of sufficient judges to try cases promptly as possible. tricts is in need of this relief. deny citizens justice, sometimes totally. Mr. GROSS. Mr. Chairman, I regret Since my residence is in the northern What I have just said in a general way that the present administration has district, I am more familiar with the applies to a much greater and much more made an out-and-out political deal of the needs pertaining to this area, and would critical extent in areas of extremely additional Federal judgeships. I was like for this reason to outline the fol­ rapid population growth. Such is the prepared to support legislation providing lowing brief summary of the situation case of the State of California. Thus is for 35 additional judges, plus the vacan­ which confronts the northern judicial California's need now and continuing cies that now exist. I will not vote for district in Texas. need greater for additional judgeships 70 additional judges plus the 19 vacan­ THE NORTHERN DISTRICT than any other State in the Nation. it cies. This huge increase has not been This district in fiscal 1958 had the is my sincere hope that before this bill justified and I say to you that it cannot largest number of civil cases filed per is enacted in final form the additional be justified except on the basis of politi­ judgeship in the Nation, 612 per judge. judgeships for California will be included cal pork-barreling. The national average for the same pe­ in its provisions. If we are, as we so The CHAIRMAN. The time of· the riod was only 259. This should provide often and vehemently proclaim, the gentleman from Iowa [Mr. GRoss] has convincing proof of the great and ur­ champions of justice, let us do what is expired. All time has expired. gent need as it applied to the northern required to insure that it is promptly Mr. WRIGHT. Mr. Chairman, I rise district of Texas. and fairly dispensed. in support of this legislation and hope The northern district of Texas em­ Mr. COHELAN. Mr. Chairman, I rise the House will act promptly and favor­ braces 100 counties with 92,955 square to support the omnibus judgeship bill ably upon it. miles of area and a population in excess which would provide for the appointment Few factual situations are so well of 3 million. These seven court divi­ of additional circuit and district judges. documented or so amply demonstrated sions, some over 400 miles apart, have The case for creating a substantial as the critical need for Federal judge­ three judges at present, but one of them number of additional Federal judgeships ships throughout the entire United has been incapacitated and another is has, perhaps, been most eloquently stated States in the Federal courts, both dis­ in his eighties. These factors make it by Chief Justice Earl Warren when he trict and appellate. In almost every even more inequitable to expect such an said recently, "Interminable and un­ part of the country, the problem of con­ abnormal caseload to be borne without justifiable delays in our courts are com­ gested dockets in the Federal courts has new judges. promising the basic legal rights of resulted in delays in the disposition of The last judgeship for the district was countless thousands of Americans and, cases which in many instances have in 1922. Our area at that time was imperceptibly, corroding the very foun­ caused serious hardship to the litigant sparsely populated. Note, though, that dations of constitutional government. To and placed upon the judiciary so serious Dallas County has grown during the in­ the extent that this is so, there is created a burden as to impede the efficient per­ terim from 210,000 to 917,000; Fort a disrespect for law at a time when formance of judicial functions. Worth from 152,000 to 565,000, and Ama- everyone should be continually con- 1961 CONGRESSIONAL RECORD -HOUSE 6303 scious of the fundamental principle that the existing district court sitting at dispose of. Several years ago, a visiting it is primarily the law and its adequate Lafayette, La., it is an imposition upon judge came to Cleveland to help out the enforcement which make liberty pos­ the existing district court sitting at northern district of Ohio. In one morn­ sible." Opelousas, La., which is only 25 miles ing he dismissed-and 1 say arbitrarily Mr. Chairman, while I support this bill, away: I feel that the additiona1 Federal dismissed-SO cases. This visitor in our I want to urge strongly the House con­ court sitting in Louisiana has been justi­ midst made himself a glorious record, ferees seriously consider restoring the fied insofar as overburdened dockets are and 80 citizens lost their day in court. two Federal judgeships provided for in ·concerned, however, the placement of Unfortunately, for justice, these litigants the Senate bill and recommended on the additional court should be studied who were knocked out of court had small March 14 by the Judicial Conference of exhaustively in· order to serve the prob­ claims on which they could not afford the United States. lem better and to require the least the high cost of appeal and judicial Tremendous workloads have been amount of travel by those using the review. Under these circumstances, placed on many of the Federal courts in court. It would seem to me, Mr. Speak­ high-pressure justice deprives litigants California with the result that speedy er, that establishment of an additional of smaller claims an adequate access to justice, which is one of the basic con­ court sitting in this area of Louisiana the courts. stitutional guarantees of our form of should be initiated at a point more cen­ In the northern district of Ohio, we Government, has been denied. Some trally located than the proposed location, are frequently using these visiting courts, in fact, are so overloaded with Lafayette. judges, in order to reduce the large back­ priority criminal and eminent domain Measuring distances in terms of log of civil cases. Last year the average cases that it is possible for a civil case parish seats of the three parishes sought time interval from filing to disposition to be filed and never heard. This in­ to be removed from the Opelousas juris­ of case was 21.3 months-the lOth long­ tolerable situation cannot continue. diction, Lafayette Parish, with a popula­ est nationally-and when batches of Mr. Chairman, it seems to me that tion of almost 60,000 people, is situated cases are exposed to summary and often the statistics fully support four addi­ less than 25 miles from Opelousas; the arbitrary dismissal by a visiting judge tional judgeships for California. At the parish seat of Vermilion Parish is only the time interval is in fact greater. present time~ 18 Federal district judges 45 miles from the Opelousas court, with The business of our court is such that are serving California's population of a population of around 37,000; and St. we have established a clear-cut case for 15,717,204. This means that on the Martin Parish's parish seat is approxi­ two permanent judgeships. It is my average 873,178 Californian's are being mately 40 miles from Opelousas. There hope that the committee will correct this served per judge. This is obviously well is certainly no problem of distance ex­ matter during the course of its further in excess of the national average ·of perienced by those from Lafayette, Ver­ deliberations. 751,303 per judge. milion, and St. Martin Parishes who Mr. ALGER. Mr. Chairman, it is Furthermore, this discrepancy will would practice before the Federal court. regrettable and an unfortunate reflec­ continue to grow, for by 1970 the Bureau The present court sitting in Opelousas tion on congressional conduct legisla­ of the Census predicts that California adequately serves approximately 260,000 tively that the omnibus judgeship bill will be our largest State with a popula­ people, with the farthest distance trav­ has been delayed for so long for political tion of over 20 million. eled from the parish seat being less than reasons despite the pressing need. If four additiona1 judgeships were to 45 miles. The Federal courthouse in It is now even more regrettable that be created in California as proposed by Opelousas is now situated properly, not with the change of administration the the Senate bill, and contrasted with the only because of the fact that it has tra­ omnibus bill should be pushed through two additional judges recommended in ditionally been there, but Opelousas is, so quickly again for obvious political the House version we are considering also, the parish seat of the heaviest pop­ reasons, most clearly demonstrated by today, the average population served per ulated parish in the entire area, hav­ the addition of other judgeships not judge would be 714,418. This would ing approximately 80,000 population. needed nor justified as were those re­ favorably compare with a national aver­ My statement in the proceedings of quested by many of us the past several age of 578,462 if the Senate bill as passed the Judiciary Committee, I believe, sub­ years. Surely partisan politics should were to be enacted. stantiates through valid information not be the criterion for the judiciary Mr. Chairman, I am encouraged to that this matter should be given serious with its great power over our people. know that the distinguished chairman of consideration. I have been assured that Surely members of both parties today the House Committee on the Judiciary the Opelousas Federal court sitting will should unite, passing only that number has promised that a general court re­ never be disturbed and I want to go on of judgeships actually needed at this districting bill will be considered next record here and now to the Members of time without partisan consideration. year. this body that if any move should ever Since the need for the judgeships has I have joined several of my colleagues in the future be made, regardless of the not changed so far as we in Dallas are from California in introducing legisla­ passage of this legislation, to vacate the concerned, only increased, I would like tion which would provide for a badly Opelousas court sittings, I will again to include at this time remarks I made needed reallocation and addition of dis­ carry this fight to the committees of on the ftoor on January 15, 1959: tricts and divisions in our State. Of both Houses and to the ftoor to pro­ Mr. Speaker, today I am introducing a bill particular concern to me is the creation tect the traditions of America in that to provide for an additional judgeship for in the northern California court district Federal court sittings shall remain as the northern judicial district of Texas. of an eastern division to serve Alameda The need for the judgeship is exceptional they were historically placed. and of an emergency nature, it is so critical. and Contra Costa Counties. Court for Mr. VANIK. Mr. Chairman, the leg­ By the test of any criteria this need can be this new division would be held in Oak­ islation before us today provides the clearly shown, by population, area of back­ land, the county seat of Alameda northern district of Ohio with one log of cases, as compared to other districts. County. additional permanent judge and one In fiscal 1958 there were 1,837 civil cases At the appropriate time we will pre­ additional temporary judge. The rec­ filed in the northern district, an average of vail upon the distinguished members of 612 per judge, far beyond, almost twice, ommendation of the Judicial Council the 273 nationwide average per judge. The the House Judiciary Committee to give and the original bills on this subject es­ northern district serves 100 counties, 92,- favorable consideration to this proposal. tablish two new permanent judgeships 955 square miles, and 3,093,000 people. Mr. THOMPSON of Louisiana. Mr. in northern Ohio. I have carefully re­ Last year the Judiciary Committee ap­ Chairman, I know that dockets in all viewed all of the facts connected wit~ proved the Judicial Conference recommenda­ of our Federal district courts are this legislation and from what I can tions for additional judgeships. I had the crowded and that many har-dships have determine, no reason has been developed privilege of testifying before the committee. been worked on our people by the neces­ for making one of the two new judge­ The omnibus judgeship bill included judge­ ships in the southern, western, and northern sary delay in judicial consideration. r ships for the northern district of Ohio districts of Texas. will never be one to hamper or delay a a temporary judgeship. Comparatively, the northern district had necessary function involving the dis­ In. my opinion, you ..cannot fully the same number of cases filed as the south­ pensing of ;justice; however,·· I do feel measure the quality or service of a judge ern district which had four judges, not three that in the instance of the creation of by the number of cases which he may as in the northern district. Judge Whitfield 6304 CONGRESSIONAL RECORD- HOUSE April 19

Davidson, Judge Joe Estes, a.nd Judge Joe judge for the district of Kansas, two addi­ "Districts: Judges Dooley have been carrying this load. Now tional district judges for the eastern district California: Judge Dooley has been injured, a broken leg, of Louisiana, one additional district judge for Northern______8 and will be out 5 or 6 months. This adds the western district of Louisiana, two addi­ Southern______12 to the almost impossible situation. Another tional district judges for the district of ColoradO------3 judge, at least one, is urgently needed right Maryland, one additional district judge for Connecticut______4 now, long overdue. the district of Massachusetts, one additional • So it is that I am requesting the judge­ district judge for the eastern district of Florida: ship for the northern district before the Michigan, one additional district judge for • • needs of other districts are considered. The the southern district of Mississippi, one ad­ Southern______6 facts support this need. The need tran­ ditional district judge for the western dis­ • scends partisan politics. trict of Missouri, one additional district Georgia: Elmore Whitehurst, U.S. referee in bank­ judge for the district of New Jersey, two Northern______3 ruptcy for the northern district, formerly additional district judges for the eastern Middle______2 Assistant Director of the Administrative Of­ district of New York, six additional district • • • fice of U.S. courts in Washington, has said judges for the southern district of New York, Illinois: that he didn't know of any district in the one additional district judge for the eastern Northern ______~------10 same population area any place in the Na­ district of North Carolina, one additional • tion in worse shape, regarding the number district judge for the middle district of Indiana: of Federal judges, than northern Texas. North Carolina, one additional district judge Northern______3 It is my hope, my request, that the mem­ for the western district of North Carolina, Southern______3 bers of the Judiciary Committee and then one additional district judge for the northern • • this House will take the action so urgently district of Ohio, three additional district Iowa: needed, even though the help for other ju­ judges for the eastern district of Pennsyl­ • • dicial districts is postponed. Later in the vania, one additional district judge for the • • session we can alleviate the need in other middle district of Pennsylvania, two addi­ Northern and Southern______1 districts. tional district judges for the western district Kansas------3 of Pennsylvania, one additional district judge • • • • The CHAffiMAN. Pursuant to the for the district of Puerto Rico, one addi­ Louisiana: rule, the Clerk will now read the substi­ tional district judge for the eastern and Eastern______4 tute committee amendment printed in western districts of South Carolina, one ad­ Western------3 the reported bill as an original bill for the ditional district judge for the eastern district • • purpose of amendment. of Tennessee, one additional district judge Maryland ------4 for the middle district of Tennessee, one ad­ Massachusetts______6 The Clerk read as follows: Michigan: ditional district judge for the western dis­ Eastern______7 Be it enacted by the Senate and House trict of Tennessee, two additional district of Representatives of the United States of judges for the northern district of Texas, • • • America in Congress assembled, That (a) one additional district judge for the southern Mississippi: the President shall appoint, by and with the * • • • • district of Texas, one additional district Southern______2 advice and consent of the Senate, three ad­ judge for the western district of Texas. Missouri: ditional circuit judges for the second circuit, (b) The existing district judgeship for, one additional circuit judge for the third the middle district of Georgia, created by • • • • • circuit, two additional circuit judges for the the Act of March 29, 1949 (63 Stat. 16) ,' Western------3 fourth circuit, two additional circuit judges entitled "An Act to provide for the appoint­ • • • • for the fifth circuit, one additional circuit ment of an additional diEtrict judge for the New JerseY------8 judge for the seventh circuit, and one addi­ New Mexico ------2 middle district of Georgia", and the existing New York: tional circuit judge for the tenth circuit. district judgeships for the district of New (b) In order that the table contained in Mexico and the western district of Pennsyl­ Southern ______• • • • 24 section 44(a) of title 28 of the United States vania created by paragraphs ( 1) and ( 5), Eastern______8 Code will reflect the changes made by this respectively, of section 2(b) of the Act en­ section in the number of permanent circuit • • • • • titled "An Act to provide for the appoint­ North Carolina: judges for said circuits, such table is amend­ ment of additional circuit and district Eastern______8 ed to read as follows with respect to said judges, and for other purposes", approved Western______2 circuits: February 10, 1954 (68 Stat. 10, 11), shall be Middle------2 "Circuits: Number of judges permanent judgeships and the present in­ • • Second ______.______Nine cumbents of such judgeships shall hence.:. Ohio: forth hold their offices under section 133 Northern______6 Third ______------Eight of title 28 of the United States Code as • • • Fourth------~------Five amended by this Act. The Act of March 29, Pennsylvania: Fifth------·------Nine Eastern______11 • • • 1949 (63 Stat. 16), and paragraphs (1) and Seventh ______--·______Seven (5) of section 2(b) of the Act of February MiddleWestern______------83 10, 1954 (68 Stat. 10, 11), are hereby re­ Puerto Rico: Tenth ______Six•'. pealed. • • • • (c) The existing district judgeship for the ·south Carolina: SEc. 2. (a) The President shall appoint, by eastern 'and western districts of Washing­ • • • • and with the advice and consent of the Sen­ ton, heretofore provided for by section 133 Eastern and Western______2 ate, one additional district judge for the of title 28 of the United States Code, shall • • • • northern district of Alabama, one additional hereafter be a district judgeship for the Tennessee: district judge for the district of Alaska, one western district of Washington only, and Eastern______3 additional district judge for the district of the present incumbent of such judgeship Middle______2 Arizona, one additional district judge for the shall henceforth hold his office under sec­ Western______2 eastern and western districts of Arkansas, tion 133, as amended by this Act. Texas: one additional district judge for the northern (d) In order that the table contained in Northern______5 district of California, one additional district section 133 of title 28 of the United States Southern ------5 judge for the southern district of California, Code will reflect the changes made by this • • • one additional district judge for the district section in the number of permanent district Western______3 of Colorado, two additional district judges judgeships for said districts and combina­ • • • for the district of Connecticut, two addi­ tion of districts, such table is amended to Washington: tional district judges for the southern dis­ read as follows with respect to said districts: • • • • • trict of Florida, one additional district judge "Districts: western______3 for the northern district of Georgia, two Alabama: Judges • • • •" . additional district judges for the northern Northern______3 The table contained in section 133 of title district of Illinois, one additional district 28 of the United States Code relating to judge for the northern district of Indiana, Alaska------2 Arizona------3 Washington is amended by striking there­ one additional district judge for the south­ Arkansas: from: ern district of Indiana, one additional dis­ • • • "Eastern and western ______1". trict judge for the northern and southern • • • (e) Section 123 of title 28 of the United districts of Iowa, one additional district Eastern and Western______2 States Code relating to Tennessee is amended 1961 CONGRESSIONAL RECORD -HOUSE 6305 by striking therefrom the last paragraph of "Louisiana is divided into two judicial dis­ "(6) The Lafayette Division comprises the that section: tricts to be known as the Eastern and West­ parishes of Acadia, Iberia, Lafayette, Saint "The district judge for the Eastern Dis­ ern Districts of Louisiana. Martin, Saint Mary, and Vermilion. trict in office on November 27, 1940, shall "EASTERN DISTRICT "Court for the Lafayette Division shall be hold court in the Northern and Northeastern held at Lafayette." Divisions. The other judge of that district " (a) The Eastern District comprises two SEc. 5. The second sentence of section 86 shall hold the terms of court in the Southern divisions. of title 28, United States Code, is hereby and Winchester Divisions. Each may ap­ "(1) The New Orleans Division comprises amended to read as follows: point and remove all officers and employees the parishes of Assumption, Jefferson, La­ "Court shall be held at Bridgeport, Hart­ of the court whose official headquarters are fourche, Orleans, Plaquemines, Saint Ber­ ford, New Haven, and Waterbury." located in the divisions within which he nard, Saint Charles, Saint James, Saint John SEc. 6. The second sentence of section 93 holds court and whose appointments are the Baptist, Saint Tammany, Tangipahoa, (b) (2), title 28, United States Code, is here­ vested by law in a district judge or chief Terrebonne and Washington. by amended to read as follows: judge of a district." "Court for the New Orleans Division shall "Court for the Southern Division shall be (f) (1) The President shall appoint, by be held at New Orleans. held at Alton, Quincy, and Springfield." and with the advice and consent of the "(2) The Baton Rouge Division comprises SEc. 7. The second sentence of section Senate, one additional district judge for the the parishes of Ascension, East Baton Rouge, 102 (b) ( 1) is hereby amended to read as eastern district of Michigan. The first va­ East Feliciana, Iberville, Livingston, Point follows: cancy occurring in the office of district judge Coupee, Saint Helena, West Baton Rouge, "Court for the Southern Division shall be in said district shall not be filled. and West Feliciana. held at Grand Rapids, Kalamazoo, and Lan­ (2) The President shall appoint, by and "Court for the Baton Rouge Division shall sing." with the advice and consent of the Senate, be held at Baton Rouge. SEc. 8. The limitations and restrictions one additional district judge for the district ''WESTERN DISTRICT contained in section 142 of title 28, United of Nevada. The first vacancy occurring in "(b) The Western District comprises six States Code, shall be waived with respect to the office of district judge in said district divisions. the holding of court at Kalamazoo, Michigan, shall not be filled. "(1) The Opelousas Division comprises the by the United States District Court for the (3) The President shall appoint by and parishes of Evangeline and Saint Landry·. Western District of Michigan, and at Fayette­ with the advice and consent of the Senate, "Court for the Opelousas Division shall be ville, North Carolina, by the United States one additional district judge for the south­ held at Opelousas. District Court for the Eastern District of ern district of Ohio. The first vacancy "(2) The Alexandria Division comprises North Carolina. occurring in the office of district judge in the parishes of Avoyelles, Catahoula, Grant, Mr. CELLER (interrupting the read­ said district shall not be filled. La Salle, Rapides, and Winn. (4) The President shall appoint, by and ing) . Mr. Chairman, I ask unanimous with the advice and consent of the Senate, "Court for the Alexandria Division shall consent that further reading of the sub­ one additional district judge for the northern be held at Alexandria. stitute committee amendment be dis­ district of Ohio. The first vacancy occur­ "(3) The Shreveport Division comprises the parishes of Bienville, Bossier, Caddo, pensed with. ring in the office of district judge in said The CHAIRMAN. Is there objection district shall not be :ftlled. Clairborne, DeSoto, Natchitoches, Red River, (5) The President shall appoint, by and ·Sabine, and Webster. to the request of the gentleman from with the advice and consent of the Senate, "Court for the Shreveport Division shall New York? one additional district judge for the eastern be held at Shreveport. There was no objection. and western districts of Washington. The "(4) The Monroe Division comprises the Mr. WALTER. Mr. Chairman, I ask first vacancy occurring in the office of dis­ parishes of Caldwell, Concordia, East Carroll, unanimous consent to extend my re­ trict judge in either of said districts shall Franklin, Jackson, Lincoln, Madison, More­ marks at this point in the RECORD and not be filled. house, Ouachita, Richland, Tensas, Union, include extraneous matter. SEc. 3. The second sentence of section and West Carroll. The CHAIRMAN. Is there objection 81 (a) (2) of title 28, United States Code, is "Court for the Monroe Division shall be to the request of the gentleman from hereby amended to read as follows: held at Monroe. "Court for the Northeastern Division shall "(5) The Lake Charles Division comprises Pennsylvania? be held at_ Huntsville and Decatur." the parishes of Allen, Beauregard, Calcasieu, There was no objection. SEc. 4. Section 98 of title 28, United Cameron, Jefferson Davis, and Vernon. Mr. WALTER. Mr. Speaker, under States Code, is amended to read as follows: "Court for the Lake Charles Division shall leave to extend my remarks in the "§ 98. Louisiana be held at Lake Charles. REcoRD, I include the following: Federal court judges, their dates of birth and dates of appointment (with age at time of appointment), April1961 SUPREME COURT OF THE UNITED STATES

Age at Age at Justices Date of birth Date of time of Justices Date of birth Date of time of appointment appoint- appointment appoint- ment ment

Earl Warren______Mar. 19, 189L. Oct. 2, 1953 ___ _ 62 Charles E. Whittaker ______Feb. 22, 19QL _ Mar. 22, 1957 .• 56 Hugo L. Black______Feb. 27, 1886 .. Aug.18, 1937 .. 51 ~~~i:!f:tewart______Jan. 23, 1915... Oct. 14, 1958 .. . 43 Felix Frankfurter______. ______Nov. 15, 1882 .. Jan. 20, 1939_ __ 57 William 0. Douglas ______Oct.16, 1898 ___ Apr.15, 1939 . . 41 Stanley Reed. ------·------Dec. 31, 1884. _ Jan. 27, 1938 ... 54 Tom 0. Clark ______Sept. 23, 1899 .. Aug.19, 1949 .. 50 H arold H. Burton.------June 22, 1888. _ Sept. 22, 1945 . . 57 John M. Harlan ______May 20, 1899 . . Mar.17, 1955 .. 56 Sherman Minton ______Oct. 20, 1890 ___ Oct. 5, 1949 ___ _ 59 William J. Brennan, Jr ______Apr. 25, 1906 .. Oct.15, 1956 __ _ 50

U.S. COURTS OF APPEALS (BY CIRCUIT)

Age at Age at Court and judge Date of birth D ate of time of Comt and judge Date of birth Date of time of appointment appoint­ appointment appoint­ ment ment ------1------1·------______.::.._ ·---11------District of Columbia circuit: 2d circuit: E. Bflrrctt Prettyman.------·· Aug. 23, 189L. Sept. 28, 1945__ 54 Charles E. Clark_------Dec. 9, 1889 ___ Mar. 9, 1939 __ _ 50 Henry W. Edgerton.------Oct: 20, 1888 __ _ Dec. 15, 1937 __ 49 1. Edward Lumbard ______Aug. 18, 190L _ July 12, 1955 __ _ 54 Wilbur K. Miller ______Oct. 9, 1892 ___ _ Sept. 28, 1945.. 54 Sterry R. Waterman ______1901______July 13, 1955 __ _ 54 David L. Bazelon ____ ------Sept. 3, 1909 ... Oct. 21, 1949___ 40 Leonard P. Moore ______July 2, 1898 ___ _ Sept. 6, 1957.._ 59 Charles FahY------Aug. 27, 1892 •. Oct. 21, 1949_ __ 57 Henry J. Friendly_------July 3, 1903 ___ _ Sept. 10, 1959.. 56 George T. Washington______June 24, 1908 .. Oct. 21, 1949___ 41 J. Joseph Smith ______Jan. 25, 1904 __ _ Sept. 2, 1960 __ _ 56 John A. D anaber ------Jan. 9, 1899 ___ _ Oct. 1, 1953__ __ 54 Senior judges: Walter M. Bastian______Nov. 16, 189L. Dec. 3, 1954. .. 63 Learned Hand ______Jan. 27, 1872_ __ Dec. 20, 1924 __ 52 Thomas W. Swan ______Warren E. Burger_ ·------~--- Mar. 29, 1956 .. -----·---- Dec. 20, 1877 _ _ Dec. 26, 1926. _ 49 1st circuit: Harrie B. Chase ______Aug. 9, 1889___ Jan. 31, 1926 __ _ 37 Peter Woodbury______Oct. 24; 1899... Feb. 25, 194L. 42 Harold R. Medina______Feb. 16, 1888. _ June 23, 195L _ 63 John P. Hartigan______Dec. 29, 1887 _ _ Jan. 1, 195L___ 64 Carro llC. Hincks ______Nov. 30, 1889._ Oct. 3, 1953 ___ _ 64 Bailey Aldrich______Apr. 23, 1907 _ _ Sept. 10, 1959.. 52 Senior judge: 1 Calvert MagrudeJ" ____ Pee. 26, 1893 __ June 3, 1939... 46 1 Senior judges are those who have retired froni regwar active service but are avallable for special judicial duties from time to time. (See Public Law 85-219, Aug. 29, 1957.) 6306 CONGRESSIONAL RECORD-· HOUSE· April 19 Federal court judges, their dates of birth and dates of appointment (with age at time of appointment), April1961:-Continued U.S. COURTS OF APPEALS (BY CIRCUIT)-Continued

Al!e at Age at Court and judge Date of birth Date of tune of Court and judge Date of birth Date of time of appointment appoint- appointment appoint- ment ment

3d circuit: 7 th circuit-Continued John Biggs, Jr ------Oct. 6, 1895.. .. Feb. 16, 1937 __ 42 Lathan Castle._------Feb. 27, 1900. _ Apr. 30, 1959 .. 59 Herbert F. Goodrich ______July 29, 1889 ... May 10, 1940 __ 51 (Vacancy.) 1893 ______June 14, 1943. _ 50 Senior judge: J. Earl Major______Jan. 5, 1887 ____ Mar. 23, 1937 .. 50 Mar. 28, 1896 .. July 27, 1946 ___ 50 8th circuit: Austinii:~~;d ::~~~!~~~~---~======L. Staley ______Dec. 30, 1902. _ July 5, 1950 ____ 48 Harvey M. Johnson.------July 16, 1895 . _ Oct. 14, 1940 ___ 45 William Henry Hastie ______Nov. 17, 1904 .. Oct. 21, 1949 ___ 45 Charles J. VogeL------Sept. 20, 1898 .. Aug. 20, 1954 .. 56 Martin D. Van Oosterhout______Senior judges: 1906..Oct. 10,______1900 ... Aug. 26, 1954 .. 54 Albert B. Maris.------Dec. 19, 1893 . _ June 24, 1938. _ 45 Marion C. Matthes ______Mar. 12, 1958 .. 52 Phillip Forman______Nov. 30, 1895 . . Sept. 10, 1959 .. 64 Himy A. Blackmun ______Nov. 12, 1908 .. Sept. 21, 1959 .. 51 4th circuit: (Vacancy.) Simon E. Sobel off._------Mar. 3, 1893 __ _ July 18, 1956 ___ 63 (Vacancy.) Clement F. Haynsworth, Jr _ ------­ Apr. 4, 1957 ... ------Senior judges: Herbert S. Boreman. ------Sept. 21, 1897 __ June 17, 1959. _ 62 Seth Thomas. __ ------May 18, 1873 __ Dec. 2, 1935 ___ 62 Senior judges: John B. Sanborn ______Nov. 9, 1883 ___ Jan. 23, 1932 ___ 49 Armistead M. Dobie ______Apr.15, 188L. Dec. 19, 1939 .. 58 Archibald K. Gardner ______Dec. 3, 1867 ___ May 23, 1929 .. 62 Morris A. Soper_------Jan. 23, 1873 __ May 6, 1931. .. 58 Joseph W. Woodraugh ______Aug. 29, 1873 __ Apr. 12, 1933 __ 60 5th circuit: 9th circuit: Joseph C. Hutcheson, Jr______Oct. 19, 1879 __ _ Jan. 26, 1931. .. 52 Richard H. Chambers ______Nov. 7, 1906 ___ Apr. 30, 1954... 48 RichardT. Rives ______Jan. 15, 1895 __ _ May 3, 1951 ... 56 Stanley N. Barnes ______May 1, 1900 ___ Mar. 21, 1956... 56 Elbert Parr Tuttle______July 17, 1897-­ Aug. 4, 1954 ... 57 Frederick G. Hamley______Oct. 24, 1903 ... July 2, 1956 ____ 53 Ben F. Cameron ______Dec. 14, 1890. _ Mar. 16, 1955 __ 65 Oliver D. Hamlin, Jr ______Nov. 30, 1892 .. Mar. 26, 1958 .• 66 Warren L. Jones ______July 2, 1895 . . - Apr. 21, 1955 .. 60 Gilbert H. Jertberg_ ------Feb.1, 1897 ___ Aug. 21, 1958 __ 61 John R. Brown ______19()9______Jan. 27, 1955 ___ 46 Charles M. MerrilL __ ------Dec.ll, 1907 __ Sept. 21, 1959_ 52 John Minor Wisdom ______May 17, 1905._ June 27, 1957 .. 52 M. Oliver Koelsch ______Mar. 5, 1912 ___ Sept. 23, 1959 •• 47 Senior judges: (Vacancy.) Edwin R. Holmes ______------Mar. 20, 1936 .. Senior judges: ------Clifton Mathews ______Wayne G. Borah.------Oct. 21, 1949 ___ ------Feb. 12, 1880. _ Mar. 23, 1935 •. 55 6th circuit: Homer T. Bone ______Jan. 25, 1883 ___ Apr. 1, 1944 ___ 61 John D. Martin, Sr ______May 4, 1883 ... Sept. 7, 1940 ___ 57 William E. Orr ______Oct. 26, 1881 ___ Sept. 28, 1945_ 64 Thomas F. McAllister______Mar. 4, 1896 __ _ May 22, 1941.. 45 William Healy------Sept. 10, 1881.. June 21, 1937 __ 56 Shackelford Miller, Jr______Sept. 4, 1892 __ _ Dec. 11, 1945 .. 53 Albert Lee Stephens ______Jan. 25, 1874 ___ June 18, 1937 __ 63 ' Lester L. Cecil ______ov. 21, 1893 __ July 18, 1959 . . 66 Walter L. Pope ______ran. 26, 1889 ___ June 21, 1937 __ 56 Paul C. Weick ______Sept. 10, 1959 __ lOth circuit: Aug. 25, 1899 .. 60 Alfred P. Murrah ______Clifford O'Sullivan._------­ Dec. 8, 1897 __ _ Mar. 12, 1960 .. 63 Oct. 27, 1904 ___ Sept. 4, 1940 ___ 36 Senior judges: John C. Pickett ______Sept. 3, 1896 .•.. Oct. 13, 1949 ___ 53 Charles C. Simons______May 21, 1876 .. Jan. 29, 1932 ... 56 David T. Lewis ______Apr. 25, 1912 __ June 5, 1956 ___ 44 Florence E. Allen______Mar. 23, 1884 .. Mar. 21, 1934 . . 50 Jenn S. Breitenstein ______July 18,1900 ___ June 27, 1957 __ ' 57 7th circuit: (Vacancy.) F. Ryan Duffy ______June 23, 1888 .. Feb. 2, 1949. __ 61 Senior judges: Orie L. Phillips ______Elmer J. Schnackenberg..______Aug. 22, 1889 .. May 5, 1949 ___ 65 Nov. 20, 1885 .. tf:,· 29, 1929 .. 44 JohnS. Hastings______1898 ______Aug. 26, 1957 __ 59 Walter A. Huxman ______Feb. 16, 1887 ___ ay 23, 1939 .. 52 Win G. Knoch ______May 24, 1895 .. Aug. 21, 1958 __ 63 Sam G. Bratton ______Aug. 19, 1888. _ June 1, 1933 ..• 54

U.S. EMERGENCY COURT OF APPEALS

Age at Age at Judge Date of birth Date of time of Judge Date oi birth ·nate of time of appointment appoint- appointment appoint- ment ment

Albert B. Maris------·------Dec.19, 1893:__ June 24, 1938 •. Thomas F. McAllister______Mar. 4, 189?--- May 22, 1941.. 45 Calvert Magruder ______Dec. 26, 1893 ___ June 3, 1936 __ _ :g

U.S. COURT OF CLAIMS

sam E. Whitaker.. ------1 Sept. 25, 1886 ..1 July 13, 1939 ___ 1 5311 Marvin Jones .. ------1 Feb. 26, 1886 ___ 1 July 9, 1947 ___ 1 61 Joseph Warren Madden ______Jan. 17, 1890 ___ Jan. 7, 1941_ __ _ 51 Jam_es ~·Durfee_~------Nov. 3, 1897 ___ Apr. 22, 1960 .. 63 DonN. Laramore ______._____ Dec. 22,1 07 ___ Mar. 17, 1954 .. 47 Seruor JUdge: BenJamin H. Littleton_____ Aug. 27, 1889 .. Nov. 6, 1929 __ _ 40

U.S. COURT OF CUSTOMS AND PATENT APPEALS

Age at Age at Justices Date of birth Date of time of Justices Date of birth Date ol time of appointment appoint- appointment appoint- ment ment

Arthur M. Smith______Sept. 19, 1903.. Apr. 30,1959._ 56 Senior jud~es-Continued Ambrose O'ConnelL------July 8, 1881. .. June 10, 1944 __ 63 Charles D. Lawrence ______Aug. 5, 1878... Feb. 22, 1943 .. 65 Eugene Worley------Oct. 10, 1908 ... Mar. 9, 1950 __ _ 42 Irvin C. Mollison______Dec. 24, 1898.. Oct. 29, 1945 __ _ 47 Giles S. Rich.------1904 ______July 19, 1956 .. 52 Jed Johnson ______July 31, 1888.. June 25, 1947 __ 59 I. Jack Martin ______July 18, 1908 .. Aug. 6, 1958 ... 50 Paul P. Rae ______June 15, 1899 •. June 22, 1948 .• 49 Senior judges: Morgan Ford______Sept. 8, 1911... July 15, 1949 •• 38 Joseph R. Jackson______Aug. 30, 1880.. Dec. 14, 1937 __ _ 57 David John Wilson______Oct. 27, 1887 ___ July 26, 1954 .. 67 Noble J. Johnson ______Aug. 23, 1887 __ June 10, 1948 .. 61 Mary H. Donlon______Aug. 25, 1893 .. Aug. 1, 1955 __ _ 62 Webster J. Oliver ______Jan. 14, 1888 ..• June 24, 1940 •• 52 Scnel Richardson ••• ------Feb. 4, 1912 ••. Apr. 8, 1957 __ _ 45

U.S. DISTRICT COURTS '· Age at Age at Court and judge Date of birth Date of time of Court and judge Date of birth Date of time of appointment appoint­ appointment appoint­ ment ment .. Alabama (northern): Arizona: Seybourn H. Lynne______July 25, 19()7 __ Jan. 3, 1946 ___ _ 39 Dave W. Ling______Jan. 22, 1890 ___ June 3, 1936__ 46 Harlan Hobart Grooms______Nov. 7, 1900... Aug. 3, 1953 .•. 53 James A. Walsh______Sept. 17, 1906 .. July 7, 1952___ 46 Alabama (middle): Frank M. Johnson, Arkansas (eastern): Jr.. ------1918.------Oct. 22, 1955 .•. 37 J. Smith Henley______. ______May 18, 19.17 __ Oct. 25, 1958... . 41 Alabama (southern.): Daniel H. Thomas. Aug. 25, 1906.. Mar. 9, 195L•. 45 Gordon E. Young .•• ------~------.Apr. 26, 1907.. Sept. 10, 1959.. 52 Alaska: Walter H. Hodge______1924..------May 29, 1958 __ 34 Senior Jndge: Thomas C. Trimble••• ------June 18, 1937 •• ------1961 CONGRESSIONAL RECORD -HOUSE 6307 Federal court judges, their dates of birth and dates of appointment (with age at time of appoir;,tment), April1961-Continued_ U.S. DISTRICT COURTS-Continued

Age at Age at Court and judge Date of birth Date of time of Court and judge Date of birth - Date of time of appointment appoint- appointment appoint- ment ment

.Arkansas (western): Georgia (southern): Frank M. Scarlett __ Jan. 9, 1891_ ___ F eb. 14, 1946 .. _ 55 John E. Miller ______May 15, 1888 __ Mar. 12, 194L_ Guam: Eugene R. Gilmartin ______53 ------... -- Aug. 29, 1958 __ J. Smith Henley------May 18, 1917 __ Oct. 25, 1958 ___ 41 Hawaii: Aug. 6, 1883 ___ C. Nils Tavares ______Senior judge: Harry J. Lemley______May 11, 1939 __ 56 Apr. 12, 1902 ...- Oct. 13, 1960 ___ 58 California (northern): (Vacancy.) Louis E. Goodman ______Jan. 2, 1892 ____ Dec. 24, 1942 .. _ 50 Idaho: George B. Harris ______Aug. 16, 190L _ July 9, 1946 ____ 45 Chase A. Clark ______Oliver J.-Carter______Aug. 20, 1883 .... Mar. 10, 1943__ 60 Apr. 7, 191L .. Sept. 27, 1950 __ 39 Fred M. Taylor __ - --·------Feb. 25, 190L _ July 20, 1954 ___ 53 Sherrill Halbert______Oct. 17, 190L __ Aug. 26, 1954 ... 53 Illinois (northern): Michael L. Igee ______Albert C. Wellenberg______June 13, 1900 .. _ May 19, 1958 .... 58 Apr. 16, 1885. _ Nov. 21, 1938 .... 53 Lloyd H. Burke ______Apr. I, 1916 ___ July 23, 1958 ___ 42 JWilliam. Sam Perry J . Campbell ______.. _------"------______Mar. 19, 1905 .... Oct. 10, 1940 ___ 35 William T. Sweigert______Nov. 13, 1900 ... Sept. 21, 1959 __ 59 Nov. 30, 1896 ... Aug. 22, 195L _ 55 Senior judge: Michael J. Roche ______July 21, 1878 ___ Aug. 24, 1935 __ 57 Julius J. Hoffman ______July 7, 1895 ___ Julius H. Miner______May 14, 1953 .... 58 California (southern): _____ do ______May 25, 1896. _ Feb. 27, 1958. _ 62 Leon R. Yankwich .. _------Sept. 25, 1880 .... 47 (Vacancy.) July 31, 1894 ___ July 3, 1942 ____ 48 (Vacancy.) PeirsonWilliam M. C. HallMathes __ ------______------__ 1889 ______Dec. 17, 1899 .. _ Oct. 17, 1945 ___ 46 Senior judge: Walter J. LaBay ______Mar. 31, 1944 __ 55 May 19, 1894 __ Oct. 18, 1949 ___ Harry C. Westover------____ _d o ______55 IllinoisCasper (eastern): Platt______James M. Carter ______Mar. 11, 1904 __ 45 June 6, 1892. __ Oct. 13, 1949 ___ 57 William M. Byrne ______July 10, 1896 ___ Sept. 27, 1950 __ 54 William G. Juergens ______1904 ______Ernest A. Tolin ______June 22, 1956 __ 52 Aug. 2, 1904 ___ Oct. 30, 195L. 47 Senior judge: Fred L. Wham ______June 15, 1884. _ _Mar . 1, 1927 ___ 43 Thurmond Clarke ______June 29, 1902 .... Aug. 3, 1955 ___ 53 Illinois (southern): Fred 0. Mercer ______Fred KunscL------June 2, 190L .. Sept. 10, 1959 ... 58 ------June 19, 1956 .... ------Myron D. Crocker------Sept. 4, 1915 ___ Sept. 21, 1959 __ 44 Orner Poos __ ------Aug. 22, 1902 ... Aug. 21, 1958 __ 51\ (Vacancy.) Senior judge: Charles G. Briggle __ ___ Jan. 27, 1883 .... Jan. 25, 1932 ___ 49 Senior judge: Jacob Weinberger ______Jan. 4, 1882 ____ Feb. 21, 1946 .. _ 64 Indiana (northern) : Canal Zone: Guthrie F. Crowe ______July 24, 1910 .. _ July 3, 1952 ____ 42 Luther M. Swygert______Feb. 7, 1905 ___ Oct. 16, 1943 ___ 38 Colorado: Robert A. Grant______1905 ______Aug. 26, 1957 __ 52 Alfred A. Arraj __ ------Sept. I, 1906___ Aug. 6, 1957 ... 51 Indiana (southern): Olin Hatfield Chilson ______Nov. 22, 1903 __ Mar. 5, 1960 .... 57 William E. Steckler ______Oct. 18, 1913 ___ Apr. 7, 1950 ___ 37 Connecticut: Cale J. Holder______Apr. 5, 1912. __ Aug. 6, 1954 ... 42 Robert P . Anderson._------Mar. 27, 1906 .. Apr. 27, 1954 __ 48 Iowa (northern~: Henry N. Graven ______June I, 1893. __ Mar. 24, 1944 .. 51 William H. Timbers ______Sept. 5, 1915 ___ Sept. 2, 1960 ___ 45 Iowa (southern : Roy L. Stephenson. ___ Mar. 14, 1917 .. May 31, 196() __ 43 Delaware: Senior judge: Edwin R. Hicklin _____ 1895_ ------Ang. 16, 1957 __ 62 Caleb M. Wright______19()8 ______July 27, 1955 ___ 47 Kansas: Caleb R. Layton IlL ______July 4, 1907 ____ Apr. 17, 1957 __ 50 Delmas C. HilL ______Oct. 9, 1906 ____ Oct. 1, 1949 ____ 43 Edwin D. Steel, Jr ______May 7, 1904 __ _ Apr. 23, 1958 __ 54 Arthur J . Stanley, Jr ______Mar. 21., 1901.. July 7, 1958. - - 57 Senior judges: Kentucky (eastern): RichardS. Rodney ______Oct. 10, 1882___ July 31, 1946 ___ 64 H. Church Ford ______July 28, 1884 ___ Mar. 28, 1935 .. 51 Paul C. Leahy______Feb. 9, 1904 ___ Jan. 14, 1942 ___ 38 Mac Swinford------Dec. 23, 1899 .. Aug. 21, 1937 .. 38 District of Columbia: Kentucky (western): F. Dickinson Letts ______Apr. 26, 1875 .. May 5, 193L. _ 56 Roy M. Shelbonrne ______Nov. 12, 1890 .. Feb. 8, 1946 ___ 56 David A. Pine______Henry L. Brooks ______Dec. 9, 1905 ___ 1899Sept. ______22, 189L. Mar. 20, 1940 .. 49 Aug. 21, 1954 .. 49 Matthew F. McGuire.------Aug. 1, 194L .. 42 Louisiana (eastern): Alexander Holtzeff ______Nov. 7, 1886 ___ Sept. 28, 1945 __ 59 Herbert W. Christenberry ______Dec. 11, 1897 __ Dec. 20, 1947 __ 50 Richmond B. Keech ______Nov. 28, 1896 ... Oct. 14, 1946 ___ 50 J . Skelly Wright______Jan. 14, 191L __ Oct. 21, 1949 ___ 38 Edward M. Curran ______May 10, 1903 __ Oct. 16, 1948 ___ 43 Louisiana (western): Edward A. Tamm ______Apr. 21, 1906 .... June 22, 1948 ... 42 Ben C. Dawkins, Jr. ______Aug. 6, 19IL __ Aug. 3, 1953 ___ 42 Charles F. McLaughlin ______June 19, 1887 __ Oct. 21, 1949 ___ 62 Edwin F. Hunter, Jr.. ______Feb. 18, 1911 __ Oct. 3, 1953 ____ 42 Burnita S. Matthews ______Dec. 28, 1894 .. ______do ___ ----- 55 Senior judge: Benjamin C. Dawkins. .. July 19, 1881- - May 5, 1924 ___ 43 Luther W. Youngdahl ______May 29, 1896 __ Aug. 29, 195L _ 55 Maine: Edward T. Gignoux ______June 28, 1916 .. _ Aug. 26, 1957 __ 41 Nov. 6, 1897 ___ Mar. 28, 1957 __ Joseph C. McGarraghy ------_____ do ______60 Marylanrl: John J. Sirica ______Mar. 19, 1904 __ 53 Roszel C. Thomsen ______Aug. 17, 1900 __ May 12, 1954 __ 54 George L. Hart, Jr______July 14, 1905 ___ Aug. 29, 1958 .. 53 R. Dorsey Watkins ______Sept. 27, 1900 __ ·Aug. 12, 1955 __ 55 Leonard P. Walsh ______Mar. 3, 1904 ___ Sept. 14, 1959 __ 55 Senior judge: W. Calvin Chesnut_ ___ June 27, 1873 __ May 9, 193L __ 58 (Vacancy) Massachusetts: Senior judges: George C. Sweeney_------July 23, 1895 .. - Aug. 24, 1935 __ 40 Thomas Jennings Bailey______June 6, 1867 ___ May 22, 1918 .... 51 Francis J. W. Ford ______Dec. 23, 1882. _ June 24, 1938 .... 56 Henry A. Schweinhaut______Feb. 9, 1902. __ Dec. 19, 1944 .. _ 42 Charles E. Wyzanski, Jr.. - ~------May 27, 1906 ... Dec. 19, 194L .. 35 Municipal court of appeals for the Dis- Anthony Julian ______Mar. 25, 1902 __ Sept. 10, 1959 __ 57 trict of Columbia: Andrew A. Caffrey ______Oct. 2, 1920 ____ Oct. 13, 1960 ___ 40 Andrew McCaughrin Hood ______19()() ______July 7, 1942... .. 42 Senior judge: William T. McCarthy_ Dec. 5, 1885 .. __ Feb. 2, 1949 ___ Thomas D. Quinn ______64 1942Nov. ___ I,____ 1951.______------Michigan (eastern): Senior judge: Nathan Cayton ______-raii:22;is99~== 43 Theodore Lavin ______Feb. 18, 1897 __ July 27, 1946 ___ 49 Municipal court for the District of Co- Thomas P. Thornton ______Mar. 8, 1898 ___ Feb. 2, 1949 ___ 51 Ralph M. Freeman ______May 5, 1902 ___ lumbia: 1918 ______June 10, 1954 __ 52 Mary C. Barlow ______Mar. 3, 1950 ___ 32 Frederick W. Kaess ______Dec. 1, 1910 ... _ July 6, 1960 ____ 50 Edward A. Board ______Apr. Zl, 1916 .... July 3, 1953__ __ 37 Dec. 3, 1917 ___ Oct. 13, 1960 ___ John H. Burnett.. ______1896 ______John Feikens __ ------43 _July____ do 17, ______1956 ...... 60 Senior judges: Austin L. Fickling______1914.------42 Arthur F. Lederle ______Nov. 25, 1887 .. Mar. 6, 1936 ___ 49 Andrew J. Howard, Jr______1897 ______Nov. 2, 1950 ... - 53 Frank A. Picard ______Oct. 19, 1889 ___ Feb. 23, 1939 __ 50 Catherine B. KellY------1917------Mar. 28, 1957 . .. 40 Michigan (western): Milton S. Kronheim, Jr ______Oct. 5, 1911. ___ Mar. 29, 1949 __ 38 Raymond W. Starr---~------Aug. 24, 1888 __ July 25, 1946 ___ 58 John J. Malloy_------1905 ______Nov. I, 1951. .... 46 W. Wallace Kent______May I, 1916 ___ June 10, 1954 __ 38 Godfrey L. Munter ______1897------· July 17, 1956 ___ 59 Minnesota: Frank H. Myers ______Apr. 11, 1897 __ _ Gunnar H. Nordbye ______1906 ______Feb. 13, 1948 ..... 51 Feb. 4, 1888 .. __ Mar. 18, 193L .. 43 George D. Neilson ______Apr. 29, 1940 ___ 34 Robert C. BelL.. ------Nov. 1, 1880 ___ June 13, 1933 __ 53 Mildred E. Reeves------19()() ______July 3, 1953 ____ 53 Dennis F. Donovan ______Apr. 9, 1889 ___ July 18, 1945 ___ 56 Thomas C. Scalley______1898_ ------Mar. 3, 1950 ___ 52 Edward J. Devitt------~--- May 5, 191L-- Dec. 10, 1954 .. _ 43 John Lewis Smith, Jr ______1912 ______Aug. 26, 1957 __ 1909 ______45 MississippiClaude F.(northern): Clayton ______Harry L. Walker_------July27,1955 ___ 46 1909.------Mar. 12, 1958 ... 49 DeWitt S. Hyde------Sept. 14, 1959 __ ------Senior judge: Allen Cox ______Feb. 16, 1887 _: Mar. 2, 1929 ___ 42 Senior judge: Armand W. Scott ______------.. ------Mississippi (southern): Sidney C. Mize__ Mar. 7, 1888 ___ Feb. 3, 1937 ___ 49 Florida (northern): Missouri (eastern): George H. CarswelL ______Dec. 22, 1919 __ _ Apr. 10, 1958 .... 39 George H. Moore .. ------Jan. 20, 1878 ___ May 29, 1935 __ 57 George N. Whitehurst______May 18, 189L _ Feb. 23, 1950 __ _ 69 Roy W . Harper ______July 26, 1905. _ Aug. 7, 1947 ___ 42 (Vacancy.) Nov. 26, 1909 __ Mar. 14, 1957 __ 48 Senior judge: Dozier A. DeVane _____ Aug. 2, 1883 ____ Apr. 22, 1943 .... 60 Nov. 10, 1889 __ July 14, 1943 .. _ 54 Florida (southern): Missouri~rct~~!f~l:i:>~~:======(western): George W. Whitehurst______May 18, 189L _ Feb. 23, 1950 __ 59 Oct. 31, 1898 ___ Apr. 7, 1945 ___ Bryan Simpson______Albert A. Ridge.------1908 ______47 May 30, 1903 __ Sept. 26, 1950 __ 47 R. Jasper Smith .. _------July 3, 1956 ____ 48 Ernett C. Choate ______May 21, 1891.._ July 20, 1954 ... 63 Richard M. Duncan ______Nov. 10, 1889 __ 1901______Roy W. Harper ______July 14, 1943 .. - 54 Joseph P. Lieb . ___------Aug. 13, 1955. _ 54 July 26, 1905 .. - Aug. 7, 1947 ..... 42 William A. McRae ______Sept. 25, 1909 ... Mar. 8, 196L_ 52 Senior judge: Albert L. Reeves ______Dec. 21, 1873 .. _ Jan. 24, 1923 ___ 50 Senior judge: Montana: John W. Holland ______Sept. 30, 1883 ... June 1, 1936 ___ 53 William D. Murray______Nov. 20, 1908 __ May 9, 1949 .... 41 William J. Barker ______June 25, 1886 .... Feb. 5, 1940 ___ 56 William J. Jameson ______1898 ______Mar. 28, 1957 ... 69 Georgia (northern): Senior judge: Charles N. Pray______Feb. 8, 1924 ..... Frank A. Hooper______Oct. 21, 1949 ___ ------... -..... William Boyd Sloan ______Apr. 21, 1896 ... 53 Nebraska:Richard E. Robinson ______1903 ______July 9, 1895 ____ Mar. 23, 195L .. 56 1897 ______July 3, 1956 ...... 53 Georgia (middle): Robert Van Pelt______June 13, 1957 .... 60 T. Hoyt Davis______July 4, 1892__ __ Jan. 30, 1945 ___ 53 Senior judge: John W. Delehant _____ Sept. 3, 1890 ___ Feb. 13, 1942- _ 62 William A. Bootie ______Aug. 19, 1902 __ May 20, 1954 ... 52 6308 CONGRESSIONAl: . RECORD- HOUSE April ·t9-

Federal court judges, their dates of birth and dates of appointment (with age at tim-e of appo if!trrt~nt),. _ Apr~l _1~61~Continue~ ~ U.S. DISTRICT COURTS-Continued •

Age at Age at Court and judge Date of birth Date of time of Court and· judge Date of birth · Date of time of appointment appoint- appointment appoint- ment ment

Nevada: PennsylvaniaJ. Cullen Ganey(eastern): ______John R. Ross------Mar. 1, 1899 __ May 15, 1954 • • 55 Apr._22, 1899. _ June 19, 1940. _ 41" Senior judge: Roger T. Foley ______May 25, 1886 .• M ay 2, 1945 .•• 59 Thomas J. Clary______Aug. 21, 1899.. Oct. 21, 1949 __ _ Oct. 15, 1904 ______do ______50 New Hampshire: Aloysius J. Conner__ _ Apr. 13, 1895 __ Dec. 9, 1944 __ _ 49 Allan K, Grim •.• ------45 New Jersey: Jobn W. Lord, Jr ------Dec. 19, 1901.. May 20, 1954 .• 53 William F. Smith ______Feb. 24, 1904 ... Feb.15, 1941. .. 37 Francis L. VanDusen______: ______May16, 1912 __ Aug. 1, 1955 __ _ 43 Thomas F. M eaney------Sept. 6, 1888 .•. July 3, 1942 __ _ 54 f1. William Kraft, Jr ------· Dec. 14, 1903 __ Aug. 12, 1955 .. 52 Thomas M. Madden______Mar. 28,.1907 .• Oct. 25, 1945 __ _ 38 Thomas C. Egan.------­ 1894______Aug. 26, 1957 __ 63 Richard Hartshorne._------Feb. 29, 1888 ... Oct. 20, 1951. .. 63 H arold K. Wood.------­ Oct. 26, 1901. _ Sept. 10, 1959 .. 58 Reynier J. Wortendyke, Jr______Mar. 22, 1895 __ June 8, 1955.•. 60 Senior judges: Arthur S. Lane.• ------­ Dec. 26, 1910 __ Aug. 30, 1960 •. 50 William H. Kirkpatrick ______Oct. 2, 1885. __ Mar. 3, 1927 ... 42 (Vacancy.) George A. Welsh_------Aug. 9, 1878 ••. May 20, 1932 .• 54 New Mexico: Pennsylvania (middle): Carl A. Hatch_------Nov. 27, 1889.. Jan. 21, 1949 __ 60 John W. Murphy______Apr. 26, 1902 __ May 27, 1946.. 44 Waldo H. Rogers ______M ay 17, 1906 • . May 15, 1954 •. 46 Frederick V. Follmer ______Dec. 13, 1885 .. _Aug. 7, 1946.- ~ 61 New York (northern): Pennsylvania (western): Stephen W. Brennan ______1883 ______May 6, 1942 __ _ 59 WaUace S. Gom-ley ______Aug. 4, 1904 •.. Nov. 29, 1945.. 41 James T. Foley_------July 9, 1910.... Feb. 2, 1949. __ 39 Rabe F. Marsh______Apr. 26, 1905 • . JuneS, 1950___ 45 New York (southern): Joseph P. Willson ______Jan. 7, 1902 ___ _ July 14, 1953... 51 Sylvester J. Ryan ______Sept. 10, 1896 .. Nov. 1, 1947 __ _ 51 John L. Miller------Mar. 24, 1901.. May 20, 1954.. 53 John F . X. McGoheY------1894 ______· Oct. 21, 1949 __ _ 55 John W. Mcllvalne ______.. ~ -- - June 22, 1907 .. Aug. 1, 1955... 48 Irving R. Kaufman______June 24, i910 •• _____ do._----·-- 39 HP.rbcrt P. Sorg_ ------Aug. 1, 1955 ... ------Sidney Sugarman ______Sept. 4, 1904 .•. _____ do._------45 Puerto Rico: Clemente Ruiz Nazario ____ Nov. 23, 1896 .. Mar. 15, 1952.. 56 Edward Weinfeld ______May 14, 1901.. Aug. 5, 19"0 __ _ 49 Rhode Island: Edward William Day ____ May 24, 1901._ Nov. 10, 1953. . 52 Thomas F. Murphy______Dec. 3, 1905.•• July 2, 1951. __ _ 46 South Carolina (eastern): Edward J. Dimock.------Jan. 4, 1890____ July 11, 1951. .. 61 George B. 'fimmerman ______~---- Mar. 28, 1881.. Jan. 23, 1942 __ _ 61 David N. Edelstein______Feb. 16,1910 . .• Nov. 1, 1951. __ 41 Ashton H. Williams ______Aug. 15, 1891._ July 3, 1952 ___ _ 61 Archie Owen Dawson ______Oct. 9, 1898 ____ Apr. 27, 1954 .• 56 Senior judge: J. Waties Waring______July 27, 1880... Jan. 23, 1942. _ 62 Alexander Bicks. _------Mar. 17, 1901._ May 12, 1954 •. 53 South Carolina (western): Edmund L. Palmieri______May 14, 1907 •. ____ _do ______44 Charles C. Wyche ______July 7, 1885 ... . Jan. 30, 1937 __ _ 52 William B. H erlands------­ July 19, 1905.. . Aug. 12, 1955.. 50 Sou&e¥J:~o~a:Timmerman ______Mar. 28, 1881.. Jan. 23, 1942 ... 61 J ohn M. Cashin __ ------Aug. 31, 1892.. Aug. 17, 1955 •. 63 Richard H. Levet______Jan. 24, 1894 .. _ Mar. 8, 1956 __ _ 62 George T. Mickelson. ______July 23, 1903 ... Dec. 9, 1953 __ _ 50 Gregory F. Noonan ______Mar. 12, 1906 . . Oct. 21, 1949 __ _ 43 Axel J. Beck______May 6, 1894 ___ Mar. 4, 1958 ... 64 Frederick Van Pelt Bryan______1904 ______June 19, 1956 __ 52 Tennesse (eastern): Charles M. Metzner ______Mar. 13, 1917 __ Sept. 10, 1959 . • 42 Robert L . Taylor ______Dec. 20, 1899 __ Nov. 2, 1949 . •• 50 Lloyd F. McMahon.------­ Aug. 12, 1912 ______do. __------47 (Vacancy.) Senior judges: Senior judge Leslie R. Darr. ______Nov. 8, 1886 ... June 2, 1939 __ _ 53 Vincent L. Leibel!.______Dec. 10, 1883. _ June 20, 1936.. 53 Tennessee (middle): William E. Miller __ Feb. 3, 1908 ___ Mar. 16, 1955 .• 47 Edward A. Conger __ ------1882------­ June 24, 1938.. 56 Tennessee (western): Marion S. Boyd ___ 1900 ______Sept. 27, 1940 .. 40 John C. Knox______Oct. 13, 1881. .. Apr. 12, 1918.. 37 Texas (northern): Samuel H. Kaufman______Oct. 26, 1893 __ _ June 22, 1948.. 55 T. Whitfield Davidson______.; __ Sept. 23, 1876 .. Feb. 5, 1936 ___ 60 William Bondy------1811------Mar. 2, 1923___ 52 Joe B. DooleY------Dec.13,1889 . .• July 9, 1947 . . . . 58 John W. Clancy ______------June 22, 1936 .. ------Joe Ewing Estes______Oct. 24, 1903 ... Aug. 1, 1955 __ _ 52 New York (eastern): Senior judge: William H. AtwelL. ___ June 9, 1869 ___ Jan. 9, 1923 ___ _ 54 Matthew T. Abruzzo ______Aug. 30, 1889 •• Feb. 15, 1936. _ 47 Texas (southern): Leo J. RayfieL _ ------Mar. 22, 1888 __ July 30, 1947 __ _ 59 Allen B. Hannay ______Feb.14,1892.. • Aug. 12, 1942 __ 50 Walter Bruchhausen______May 29, 1892 .. May 8, 1953 ••• 61 Ben C. Connally------Dec. 28, 1909... Oct. 13, 1949 ... 40 Joseph C. Zavatt _ ------1900------Aug. 7, 1957 __ _ 57 Joe M. Ingraham______July 5, 1903 . ... Aug. 6, 1954 __ _ 51 John R. Bartels______Nov. 8, 1897 __ _ July 30, 1959 ..• 62 (Vacancy.) Jacob Mishler ______Apr. 20, 1911.. July 6, 1960 ___ _ 49 Senior judge: Thomas M. Kennerly __ Jan. 24, 1874 . .• Feb. 7, 1931. •. 57 (Vacancy.) Texas (eastern): Senior judges: Joe W. SheehY------Oct. 21, 1910 __ _ June 8.1951. •. 41 Clarence G. Galston______Apr. 18, 1876. _ Apr. 29, 1929 ..• 53 Joe J. Fisher------Apr. 16, 1910 _ Sept. 10, 1959 .. 49 Mortimer W. Byers______May 28, 1877-- Nov. 20, 1929 .. 52 Texas (western): New York (western): Ben H. Rice, Jr______Dec. 12, 1889 _ Sept. 28, 1945 .. 56 Harold P. Burke______June 6, 1895.-- June 18, 1937-- 42 Robert E. Thomason ______May 30, 1879 •. June 5, 1947 __ _ 68 John 0. Henderson ______Nov. 13, 1909 .. Sept. 21, 1959 .• 50 Utah: _ North Carolina (eastern): Algernon L. Aug. 2, 1905... Aug. 31, 1959 .. 54 Willis W. Ritter ______Jan. 24, 1899 __ _ Oct. 21, 1949 __ _ 50 Butler. A. Sherman Christenson______June 9, 1905 __ _ May 28, 1954 __ 49 North Carolina (middle): Edwin M. Mar. 9, 1909 ..• Oct. 23, 1957 __ _ 48 Vermont: Ernest W. Gibson ______Mar. 6, 1901. .. Oct. 18, 1949 __ _ 48 Stanley. Virgin Islands: Walter A. Gordon______Oct. 10, 1894 __ _ Aug. 29, 1958 __ 64 Senior judge: Johnson J. Hayes ______Jan. 23, 1886__ Apr. 6, 1927 __ _ 41 Virginia Ceastern): North Carolina (western): Wilson Mar. 8, 1892___ Feb. 2, 1949 __ _ 48 Albert V. Bryan ______July 23,1899 __ June 5,1947___ 48 Warlick. Walter E. Hoffman______July 18, 1907 __ July 15, 1954 __ 47 North Dakota: Oren R. Lewis ______------GeorgeS. Register ______Nov. 27, 190L. July 27, 1955 . . 54 Senior judge: Sterling Hutcheson____ July 23, 1894 __ Feb. 10,1944._ 50 Ronald N. Davies ______Dec.ll,1904. ______do ______51 Virginia (western): Ohio (northern): T ed Dalton______July 3, 1901.___ Aug. 13, 1959 •• 58 P aul Jones ______Nov. 4, 1880 .•• Mar. 2, 1923 __ _ 43 (Vacancy.) Frank L. Kloeb ______June.l6, 1890 •• Aug. 20, 1937 __ 47 Senior judges: Charles J. McNamee ______Dec. 5, 1890 ••• Mar. 9, 1951. •• 61 Alfred D. Barksdale ______July 17, 1892 __ Feb. 5, 1940 __ _ 48 James C. Connell ______Sept. 20, 1897 . . Aug. 10, 1954 __ 57 Dec. 9, 1883 ___ Jan. 14, 1932 __ _ 49 Girard E. Kalbfleisch ______Aug. 3, 1899 ___ Sept. 21, 1959 __ 60 Wnshin~t~: (~:~rii)';------Senior judge: Robert N. Wilkin______May 4, 1886 .•. June 3, 1939 __ _ 53 William J. Lindberg______Dec. 17, 1904 _ Apr. 25, 1951 _ 47 Ohio (southern): Charles L . PowelL ______Apr. 19,1902 _ June 17, 1959 __ 57 Mel! G. Underwood ______Jan. 30,1892 ___ Feb. 12,1936 .. 44 Senior judge: J. Stanley Webster ____ Feb. 22,1877 .. Apr. 28, 1923 __ 46 John H . DruffeL ______Feb. 6, 1886 ___ Sept. 22, 1937 •• 51 W ashington (western): Carl A. Weinman______Jan. 27, 1903___ Sept. 8, 1959 __ _ 56 John C. Bowen______May 12, 1888.. Mar. 20, 1934... 46 Oklahoma (northern): George H. Boldt______Dec. 28, 1903 . . July 14, 1953 . . 50 Royce H. Savage _------Mar. 31, 1904 .. . Oct. 1, 1940 ___ _ 36 William J. Lindberg·------~----- Dec. 17, 1904.. Apr. 25, 1951.. 47 William R. Wallace ______Feb. 21, 1886. _ June 8, 1950 __ _ 64 West Virginia (northern): Oklahoma (eastern): Eugene Rice ______do ______Aug.ll, 1937 __ 46 H arry E. Watkins------Nov. 6, 1898__ Mar. 3, 1937 __ 39 Oklahoma (western): Charles E. Paul.------Mar. 5, 1960 ___ ------StephenS. Chandler______Sept, 13, 1899__ May 13, 1943 .• 44 West Virginia (southern): Ross Rizley______July 5, 1892..___ Apr. 13, 1956. _ 64 H arry E. Watkins------Nov. 6, 1898 ___ Mar. 3, 1937 ___ 39 Oregon: John A. Field, Jr ------M ar. 22, 1910 .. Aug. 13, 1959 __ 49 Gus J. Solomon______Aug. 29, 1906.. Oct. 21, 1949___ 43 Wisconsin (eastern): Claude McCulloch______Jan. 14, 1888___ Aug. 20, 1937-- 49 Robert E . Tehan ______1905 ______M ay 19, 1949 .. 44 John F. Kilkenny______------July 30, 1959 . . ------Kenneth P. Grubb ______Sept. 14, 1895 . . June 16, 1955 .. 60 Wisconsin (western): Patrick T. Stone .. June 21, 1889 .. June 13, 1933 .. 44 Wyoming: Ewing T. Kerr______Jan. 21,1900___ Oct. 22, 1955. _ 55

Mr. McCULLOCH. Mr. Chairman, I Strike all of pages 16, 17, 18, 19, 21, and 22. the fourth circuit, and one additional circuit offer an amendment. On page 23 strike lines 1 through 12; judge for the fifth circuit. and insert in lieu thereof the following: "(b) In order that the table contained The Clerk read as follows: "That (a) the President shall appoint, by in section 4.4(a) . of title 28 of the United Amendment offered by Mr. McCULLOCH: and with the advice and consent of the Sen­ States Code will refiect the changes made by Strike all of sections 1 and 2 as follows: ate, one additional circuit judge for the sec­ this section in the number of permanent On page 15 strike out lines 23 and 24. ond circuit, one additional circuit judge for circuit judges for said circuits, such table 1961 CONGRESSIONAl RECORD- HOUSE 6309 is amended to read as follows with respect to ·"-'DistrictS: Jud.ges OcCurring in the office of district judge iii said circuits: Maryland------..;____ S said district shall not be filled. Massachusetts------6 "(4) The President shall appoint, by and " 'Circuits: Number of Judges with the advice and consent of the Senate, • • • • • • one additional district judge for the south­ • • • Michigan: Second------Seven Eastern______1 ern district of California. The first vacancy • occurring in the office of district judge in Fourth------~------Four • • • • • said district shall not be filled." Mississippi: Fifth------Eight Mr. CELLER (interrupting the read­ • Southern_.:• ______• .:______• •_ "SEc. 2. (a) The President shall appoint,•·. 2 ing of the amendment>. Mr. Chairman. by and with the advice and consent of the • • • • • I ask unanimous consent that further Senate, one additional district judge for the New JerseY------8 reading of the amendment be dispensed northern district of California, one addi­ • • • • with. tional district judge for the district of New York: The CHAIRMAN. Is there objection to Golorado, one additional district judge for -• the request of the gentleman from New the district of Connecticut, one additional Southern. ______. . 21 York? district judge for the southern district of Eastern______7 Florida, one additional district judge for the There was no objection. northern district of Illinois, one additional • • • • Mr. McCULLOCH. Mr. Chairman, I district judge for the district of Kansas, one North Carolina: have offered an amendment which was additional district judge for the eastern dis­ • • • • carried in the RECORD 3 or 4 days ago trict of Louisiana, one additional district Eastern, western, and middle ______1 with a lengthy discussion thereof. We judge for the western district of Louisiana, • • .. • have been on this bill for a long time one additional district judge for the district Ohio: and I shall ·not take longer than is nec­ of Maryland, one additional district judge for Northern ______the district of Massachusetts, one additional 6 essary to briefly describe the amend­ district judge for the eastern district of • • • • ment . Michigan, one additional district judge for Pennsylvania:Eastern ______This amendment is to substitute the the southern district of Mississippi, one addi­ 10 provisions of H.R. 6311 for the first two tional district judge for the district of New Western• ______• • •_ sections of the bill. Except for a tech­ Jersey, one additional district judge for the 6 nical change-the deletion of a new eastern district of New York, three addi­ • • • • central district in California-H.R. 6311 tional judges for the southern district of New South Carolina: is identical with H.R. 469 which I York, one additional district judge for the • • • • introduced earlier this year, and H.R. eastern, middle, and western districts of Eastern and western ______North Carolina, one additional district judge 2 12552 of the 86th Congress, the bill the for the northern district of Ohio, two addi­ • • House Committee on the Judiciary tional district judges for the eastern district Tennessee: unanimously reported to the House and of Pennsylvania, one additional district judge Middle ______• _____ •_ which was unanimously cleared for de­ for the western district of Pennsylvania, one Western ______2 bate and vote by the House Committee additional district judge for the eastern and 2 Texas: on Rules. western districts of South Carolina, one addi­ I offer this amendment to substitute tional district judge for the middle district of Northern------~------Southern ______4 Tennessee, one additional district judge for 5 the exact number of judges which the the western district of Tennesse, one addi­ Committee on the Judiciary considered Western ______• •_ tional district judge for the northern district 3 adequate less than a year ago, when of Texas, one additional district judge for • • there were no consideration:;; of partisan the southern district of Texas, and one Washington: politics and when a different adminis­ additional district judge for the western dis­ tration was in power in the executive trict of Texas. Western ______• • • •_ "(b) The existing district judgeship for 3 branch. the eastern and western districts of Wash­ ...... Mr. CELLER. Mr. Chairman, will the ington, heretofore provided for by section "The table contained in section 13S of gentleman yield? 133 of title 28 of the United States Code, title 28 of the United States Code relating Mr. McCULLOCH. I yield to the gen­ shall hereafter be a district judgeship for the to Washington is amended by striking there­ tleman from New York. western district of Washington only, and the from: present incumbent of such judgeship shall "'Eastern and Western______1'. Mr. CELLER. In sum and substance henceforth hold his office under section 133, "(d) Section 123 of title 28 of the United the gentleman's amendment reduces the as amended by this Act. States Code relating to Tennessee is number of judges contained in the bill "(c) In order that the table contained in amended by striking therefrom the last in question. reported recently by the section 133 of title 288 of the United States paragraph of that section: Committee on the Judiciary from 70 to Code will reflect the changes made by this " 'The district judge for the Eastern Dis­ 35? section in the number of permanent district trict in office on November 27, 1940, shall Mr. McCULLOCH. The answer to the judgeships for said districts and combina­ hold court in the Northern and Northeastern question is yes. The House Committee tion of districts, such table is amended to Divisions. The other judge of that district read as follows with respect to said districts: on the Judiciary recommended 70 judge­ shall hold the terms of court in the Southern ships. Less than a year ago the same " 'Districts: Judges and Winchester Divisions. Each may ap­ point and remove all officers and employees committee unanimously recommended a • • • • bill providing for 35 judgeships. California: of the court whose official headquarters are 8 located in the divisions within which he I offer this amendment to substitute Northern------~------holds court and whose appointments are the exact number of judges which the Colorado• ______• •_ vested by law in a district judge or chief 'Judiciary Committee considered ade­ 3 judge of a district.' Connecticut______.______3 quate less than a year ago, when there "(e) (1) The President shall appoint, by were no considerations of partisan poli­ • • • and with the advice and consent of the Florida: Senate, one additional district judge for the tics and when a different administration • • • • eastern district of Tennessee. The first va­ was in power in the executive depart­ Southern ------5 cancy occurring in the office of district judge ment. I do not believe the facts have • • • • in said district shall not be filled . sufficiently changed to warrant the great Dlinois: "(2) The President shall appoint, by and increase from 35 to 70 judges. Northern ______~ ,with the advice and consent of the Senate, Earlier today when some of the Mem­ one additional district judge for the south­ bers could not be present I said that • • • • • ern district of Ohio. The first vacancy oc~ Kansas ------8 curring in the office of district judge in President Franklin D. Roosevelt had • • • • said district shall not be filled. been in office more than 4 years before LouiSiana: · "(3) The President shall appoint, by and he had an opportunity to appoint 89 Eastern------8 with the advice and consent of the Senate, circuit and district judges; that Presi­ Western ______~------8 one additional district judge for the middle dent Truman had been in office more • • • • • district of Pennsylvania. The first vacancy than 5 years and President Eisenhower CVII--400 6310 (:ONGRESSIONAL RECORD -HOUSE April 19 wa.S in om.ce almost 4 years before he .whether they did or not is not control­ national average per judgeship. The appointed 89 . circuit and district judges. ling_ on the members of the Committee on time study relates of course only to ex­ If the amendment I have offered is the Judiciary and should not be con­ isting judgeships. approved by the House, President Ken­ trolling. I believe that if we are to be governed ·nedy will have the immediate oppor­ Earlier today I read in the record the by facts, by logic, and by the needs of tunity to name 54 new Federal judges. statement of Mr. Olney, the chief ad­ the Federal Judiciary, we will support That number of judges will give the Fed­ ministrative om.cer of the Federal courts, the McCUlloch bill. eral judiciary the relief which is needed. where he said without equivocation that Mr. ROGERS of Colorado. Mr. Indeed, with the 19 vacancies that have there were no yardsticks by which the Chairman, will the gentleman yield? not been filled, and censure for not fill­ em.ciency of the judges in the various Mr. MEADER. I yield. ing those vacancies rests not only on the districts of this country could be meas­ Mr. ROGERS of Colorado. The gen­ former administration but on this ad­ ured. tleman recognizes that the figures are ministration as well, the caseload within Mr. ROGERS of Colorado. Mr. Chair­ for the national average, and that they a year can be brought very near to a man, will the gentleman yield? show it takes anywhere from 8 months normal point, and in the meantime we Mr. McCULLOCH. I am trying to to a year to get a case to the stage of will have had an opportunity to observe answer the gentleman's question, and I hearing in the Federal courts. how the appointments are being made, cannot yield until I finish my answer. I Mr. MEADER. There are many cri­ the degree to which the em.ciency of the called to the attention of Mr. Olney, teria used to indicate the need for Federal courts will be improved, and an and the gentleman from Colorado was judgeships. opportunity to consider later, in more in the committee meeting that day, the Mr. ROGERS of Colorado. Yes. objective fashion, the latest recommen­ caseload that was being disposed of by Mr. MEADER. The most reliable in dations of the Judicial Conference. the judge in the western division of the my opinion is the study the judges The CHAIRMAN. The time of the northern district of Ohio, by my prede­ themselves made of the actual time they gentleman from Ohio has expired. cessor, once removed. He was an ap­ spend in the disposition of cases, and (By unanimous consent, Mr. McCuL­ pointee of Franklin D. Roosevelt. I that is what I am referring to. LOCH was allowed to proceed for 3 addi­ should like to say to the members of Mr. ROGERS of Colorado. But still, tional minutes.) this committee that if all the trial judges after making that statement, they came Mr. McCULLOCH. I want to say were disposing of as many and as dif­ up with the proposition that it takes again that 10 of the judges provided for ficult cases as Judge Kloeb of the west­ almost a year from the time a lawsuit in the committee bill were recommended ern division of the northern district of is filed until it is brought to trial. That after hearings by the House Judiciary Ohio, 35 additional judges would be is the national average. Committee had been completed. Fur­ more than enough. Mr. MEADER. I do not believe that thermore the Judiciary Committee in the is reliable as a standard because there other body had no public hearings what­ Furthermore, I recommended to the previous admi,nistration that Judge are a great many other factors involved. soever on this legislation. I am talking about the need for judicial I believe this will be the more prudent Kloeb be promoted to the U.S. court of appeals. manpower, and I do not think there is course for the House, advised by the any more reliable information on which Judiciary Committee, at this time and I The CHAIRMAN. The time of the gentleman has expired. to base our judgment than the actual therefore urge my colleagues to support time study made by the judges them­ the bill which I have offered as an Mr. MEADER. Mr. Chairman, I move to strike out the last word. selves of the time spent in court, the amendment. I hope that it will have the time spent in chambers, and the time support of those who want to increase Mr. Chairman, I do so for the purpose of calling the attention of my colleagues spent in the administration of the court, the confidence in the bench and bar and, a study that extended over a 3-month even more importantly, confidence of the to the time study which appears on page 645 of the committee hearings. That period. This was a very careful study, litigants, in the Federal judiciary of this and I commend the judges who made it. great country. I hope the amendment time study was conducted during the will be agreed to. spring of 1958 in 37 districts of the Mr. ROGERS of Colorado. But the Mr. ROGERS of Colorado. Mr. Chair­ United States in which the judges or gentleman will agree that on the national man, will the gentleman yield? their clerks kept track of the hours in average it takes nearly a year to bring Mr. McCULLOCH. I yield. court, the hours in chambers and the a case to trial. Mr. ROGERS of Colorado. The gen­ hours spent in administrative work by Mr. MEADER. That certainly is not tleman admits that at least 69 of the 70 37 judges. a good yardstick for it may not have recommended in this bill have been ap­ I wish that gentlemen who are con­ any relationship at all to the need for proved by the Judicial Conference? cerned about following the evidence as to judges. Mr. McCULLOCH. The Judicial Con­ the need for judges would then look at Mr. ROGERS of Colorado. But ference recommended 69 judges, 10 of the table commencing on page 659 of the whether we are creating five or a hun­ which were recommended after the hearings in which there appears in the dred additional judgeships makes no dif­ hearings were over. An additional five final column an item called weighted ference. We are telling the judge to go were recommended in September 1960 caseload. The figures contained in that to work, as far as this bill is concerned. at the time H.R. 12552 was reported on column are supposed to take into account Mr. MEADER. I might say that I June 15, 1960, the recommendations the difficulty or burdensomeness of cases. commend the gentleman from New were 54. The Judicial Conference gave If you will compare the weighted case­ York [Mr. CELLER], chairman of the com­ no more important or compelling facts load per judge in the various districts in mittee for his insistence that the judi­ in addition to the facts that were in the country, you will find that the aver­ cial councils actually function as they their possession in September 1960- age is 226; and it happens that there are are intended to function by law. If since which time it has increased its 226 judgeships. they did, and they maintained uniform recommendations by 10 judgeships. If you will then compare the McCul­ judicial em.ciency, then the need for Mr. ROGERS of Colorado. Mr. Chair­ loch bill, which the gentleman from judges would be less than it is .today. man, will the gentleman yield? Ohio has now offered as a substitute, Mr. CELLER. Mr. Chairman, I rise Mr. McCULLOCH. I yield to the gen­ which also appears in the hearings com­ in opposition to the McCulloch amend­ tleman from Colorado. mencing on page 10, you will find that ment. Mr. ROGERS of Colorado. In the 8 the districts for the 35 judges provided Mr. Chairman, the Judiciary Commit­ years of the Eisenhower administration, in the McCulloch bill, by and large, have tee had before it the same motion now did not the attorneys general in his .a weighted caseload above, and many made by the gentleman from Ohio [Mr . administration follow almost to the let­ substantially above, the national average McCULLocH], which would reduce the ter the recommendations of the Judi­ of 226, and you will find that the districts number of judgeships from 70 to 35. cial Conference? where judges are provided in the com­ The committee considered the matter Mr. McCULLOCH. Not in every in­ mittee bill which are not in the' McCul­ carefully, went into it thoroughly, and stance did they follow the recommenda­ loch bill, by and large, have weighted then voted it down. I ask the Commit­ tions of the Judicial Conference. And caseloads below and some far below the tee of the Whole to vote it down today. 1961 CONGRESSIONAL RECORD- HOUSE 6311 Mr. GROSS. Mr. Chairman, I move tion each year. r cannot ·rely upon a on e additional district judge for the district to strike out the last word. letter of the chairman of the Committee of Massachusetts, one additional district on the Judiciary or the newspapers to judge for the eastern. district of Michigan, Mr. Chairman, I take this time to go one additional district judge for the south­ b&ck to the statement made by the gen­ say that ''You have been doing wrong, we ern district of Mississippi, one additional tleman from New York [Mr. CELLER], are going to slap you on the wrist, and district judge for the district of New Jersey, which appears in the hearings on this hope you will do better in the future." six additional district judges for the south­ bill, that he has knowledge of one judge A judge who takes a 5-month vacation ern district of New York, one additional who takes a 5-month vacation each year, ought to be removed from the bench, he district judge for the eastern, middle, and and says he takes this vacation because ought to be removed summarily, because western districts of North Carolina, two ad­ his predecessor took a 5-month vacation he knows that is wrong, if he knows any­ ditional district judges for the northern dis­ thing at all. He knows a 5-month va­ trict of Ohio, three additional district judges each year. for the eastern district of Pennsylvania, two My question to the chairman of the cation is not in the interest of the additional district judges for the western committee is this: Who rides herd on people he is employed to serve. Is that district of Pennsylvania, one additional dis­ these judges? Is there no one who de­ correct? trict judge for the district of Puerto Rico, termines whether they should take a 5- Mr. CELLER. That is correct. We one additional district judge for the eastern month vacation or 30-day vacation? will look into the matter and see what district of South Carolina, one additional Who is supposed to supervise the judges can be done in the premise. district judge for the eastern district of Ten­ Mr. GROSS. If there is very much of nessee, one additional district judge for the in this regard? middle district of Tennessee, one additional Mr. CELLER. As I indicated in my this sort of thing going on, we need legis­ district judge for the western district of Ten­ colloquy with the gentleman from Mas­ lation to compel Federal judges to con­ nessee, one additional district judge for the sachusetts [Mr. McCoRMACK], in 1939 we form to certain work standards. I want northern district of Texas, one additional set up what is known as the Judicial them to be independent, but they must district judge for the southern district of Council, each council composed of five not be so independent that they can with Texas, one additional district judge for the If impunity take a 5-month vacation each western district of Texas. of the circuit judges. they functioned "(b) The existing district judgeship for according to the intent of the statute, year and be paid $10,000 or more by the taxpayers while they are doing so. the middle district of Georgia, created by the they would do the housekeeping in their Act of March 29, 1949 (63 Stat. 16), entitled own circuit, and see that these district The CHAIRMAN. The question is on "An Act to provide for the appointment of judges did not overstep the bounds of the amendment offered by the gentleman an addi tiona! district judge for the D+!ddle propriety in their conduct. These judi­ from Ohio [Mr. McCULLOCH]. district of Georgia", and the existing district cial councils, however, have not been The amendment was rejected. judgeships for the district of New Mexico, properly functioning. I sent a commu­ Mr. LINDSAY. Mr. Chairman, I offer and the western district of Pennsylvania an amendment. created by paragraphs ( 1) and ( 5) , respec­ nication to the Chief Justice of the Su­ tively, of section 2(b) of the Act entitled preme Court stating that the Judicial The Clerk read as follows: "An Act to provide for the appointment of Conference, which is a little different Amendment offered by Mr. LINDSAY: Strike additional circuit and district judges, and from the local judicial councils, should all of sections 1 and 2, as follows: for ·other purposes", approved February 10, take cognizance of the local judicial . On page 15 strike lines 23 and 24, strike 1954 (68 Stat. 10, 11), shall be permanent councils and see to it that they did their all of pages 16, 17, 18, 19, 21, and 22. judgeships and the present incumbents of duty in accordance with the statute On page 23 strike lines 1 through 12 and such judgeships shall henceforth hold their passed by the Congress in 1939. insert in lieu thereof the following: "That offices under section 133 of title 28 of the (a) the President shall appoint, by and with United States COde as amended by this Act. If they did their duty, perhaps they the advice and consent of the Senate, three The Act of March 29, 1949 (63 Stat. 16), and would admonish or reprimand that par­ additional circuit judges for the second cir­ paragraphs ( 1) and ( 5) of section 2 (b) of ticular judge to which the gentleman cuit, two additional circuit judges for the the Act of February 10, 1954 (68 Stat. 10, 11), made reference, namely, the fact he fourth circuit, two additional circuit judges are hereby repealed. takes a 5-month vacation because his for the fifth circuit, one additional circuit "(c) The existing district judgeship for the predecessor did the same. judge for the seventh circuit, and one addi­ eastern and western districts of Washington, Mr. GROSS. Suppose he elected to tional circuit judge for the tenth circuit. heretofore provided for by section 133 of "(b) In order that the table contained in title 28 of the United States Code shall here­ continue to take a 5-month vacation section 44(a) of title 28 of the United States after be a district judgeship for the western each year? Code will reflect the changes made by this district of Washington only, and the present Mr. CELLER. I have sounded a warn­ section in the number of permanent circuit incumbent of such judgeship shall hence­ ing on the unjudicial conduct of the judges for said circuits, such table is amend­ forth hold his office under section 133, as judge up in Massachusetts, and I stated ed to read as follows with respect to said amended by this Act. that unless the Judicial Council does circuits: "(d) In order that the table contained in its duty there will be left a vacuum that section 133 of title 28 of the United States "'Circuits: Number of jUdges Code will reflect the changes made by this the Committee on the Judiciary of the * * * section in the number of permanent district House would have to fill, and that that Second ------Nine judgeships for said districts and combina­ committee will take action. * * * tion of districts, such table is amended to Mr. GROSS. There is no way except Fourth ------Five read as follows with respect to said districts: by impeachment to remove a judge, is Fifth ------Nine * * * " 'Districts : there? Alabama: Judges Mr. CELLER. Oh, there is such a Seventh ------Seven Northern______3 Tenth ------Six' Alaska______2 thing as public opinion. When the Com­ "SEc. 2. (a) The President shall appoint, mittee on the Judiciary came to certain by and with the advice and consent of the Arizona------3 conclusions and publicized them, these Senate, one additional district judge for the * * • • • papers would pick up the accusations northern district of Alabama, one additional California: ·and undoubtedly a particular judge district judge for the district of Alaska, one Northern------8 would feel the sting of those accusations additional district judge for the district of • * * and amend his conduct accordingly. Arizona, one additional district judge for the Colorado __ ------3 Mr. GROSS. The gentleman has northern district of California, one addi­ Connecticut ___ ------4 tional district judge for the district of Col­ * • • * brought the name of the Massachusetts orado, two additional district judges for the Florida: judge into this particular discussion. district of Connecticut, two additional dis­ The newspapers have given him consid­ * • • • trict judges for the southern district of Flor­ Southern------6 erable publicity, have they not? He is ida, one additional district judge for the still on the bench, is he not? northern district of Georgia, two additional * • • • • Mr. CELLER. I cannot indicate to the district judges for the northern district of Georgia: Dllnois, one additional district judge for the Northern ------3 gentleman how far the newspapers have Middle------2 gone. northern and southern districts of Iowa, one additional district judge for the district of * • • • • Mr. GROSS. Obviously this judge is Kansas, two additional district judges for the Dlinois: not performing his duties, and I refer eastern district of Louisiana, two additional Northern------10 to the one who takes a 5.:.month vaca- district judges for the district of Maryland, * • • • • 6312 CONGRESSIONAL RECORD- HOUSE April 19 " 'Districts : one additional district judge for the district the Attorney General's statement in the Iowa: Judges of Nevada. The first vacancy occurring in hearings that proposals for additional the office of district judge in said district judgeships were not considered. • • • shall not be filled. Northern and southern------1 "(3) The President shall appoint, by and So, what we are talking about is 10 ~ansas------3 with the advice and consent of the Senate, additional judgeships as to which there • one additional district judge for the southern can be made no logical or reasonable Louisiana: district of Ohio. The first vacancy occurring argument that I have yet been able to Eastern------~------4 in the office of district judge in said dis­ discover other than the political advan­ • trict shall not be filled. tage to be gained by the adoption of that " ( 4) The President shall appoint, by and addition. It seems strange to me that Maryland------4 with the advice and consent of the Senate, Massachusetts------6 one additional district judge for the middle in all the years the Judicial Conference Michigan: has had to come to the conclusion that Eastern______7 district of Pennsylvania. The first vacancy occurring in the omce of district judge in 59 additional judgeships were called for, • said district shall not be filled. that a mere 6 months later, between Mississippi: "t5) The President shall appoint, by and September 1960 and March 1961, the • with the advice and consent of the Senate, Conference should have suddenly discov­ Southern------2 two additional district judges for the eastern ered that there are additional factors district of New York. The first two vacan­ which call for an additional 10 judge­ New Jersey------8 cies occurring in the office of district judge New Mexico______2 in said district shall not be filled." ships. Add to this the fact that the Judi­ ciary Committee of this House did not New York: Mr. LINDSAY. Mr. Chairman, this consider thoroughly those 10 additional Southern ______24 amendment which I have offered is in recommendations. They were made to the nature of a substitute. It provides the subcommittee on the eve of the re­ for 59 additional Federal judgeships, di­ North Carolina: porting out of the bill to the full com­ vided as follows: 50 district court judge­ mittee, and the full committee certainly .. ships, and 9 court of appeals judgeships. Eastern, western, and middle______1 did not have time to consider them. I What this amendment does is to adopt do not think that a single member of • the Judicial Conference of the United Ohio: this committee would suggest ' that we Northern------7 States recommendation as of Septem­ have the right to abandon our responsi­ ber 1960 without any changes or excep­ bility to the Judicial Conference. We Pennsylvania: tions. may take the Judicial Conference recom­ Eastern______11 Now, why do I propose this? I do mendation on the ground that this is the • it for these reasons: best evidence that we have, but under no VVestern ------8 The prior administration recommend­ circumstances should we take a recom­ Puerto Rico______2 ed the Judicial Conference recommen­ mendation which comes at the last • dation of September 1960. When tb,e minute, too late for our careful examina­ South Carolina: present Attorney General testified be­ tion. As I pointed out during general Eastern------2 fore the Committee on the Judiciary of argument, this is an area where legisla­ • • the House in March 1961, the Attorney tive precision is called for . Tennessee: General said: Therefore I say this: You can argue Eastern------3 Mr. Chairman and members of the com­ about any number; you can argue that Middle------2 mittee, this is the evidence as we have found 35 is too small or you can argue that 40 VVestern ______------2 it. The Department of Justice favors the Texas: is too small. Maybe some argue that 59 Northern______4 creation of new judgeships as recommended is too big; but one thing is certain, the Southern______5 by the Judicial Conference. Judicial Conference recommended 59, • • The Attorney General was talking the prior administration recommended VVestern______3 about the September 1960, recommenda­ 59, the present administration recom­ • tions . mends 59, and the Judicial Conference VVashington: The Attorney General then went on until after the subcommittee had closed • • further and said: its hearings recommended 59. By voting VVestern ______------3 H.R. 2226 and other bills before this com­ for this amendment, therefore, we will • *' mittee would provide for new judgeships in be going as far as we should at this time. Mr. ROGERS of Colorado. Mr. "The table contained in section 133 of title addition to those recommended by the Judi­ 28 ·of the United States Code relating to cial Conference. I am advised that the Con­ Chairman, I rise in opposition to the VVashington is amended by striking there­ ference is considering some of these addi­ amendment offered by the gentleman from: tional judgeships. Furthermore, the Senate from New York. Judiciary Committee, yesterday, approved "'Eastern and western______1'. I think we should first clarify the issue favorably on S. 912 which, as amended, em­ by outlining what the gentleman from "(e) Section 123 of title 28 of the United bodies the Judicial Conference recommenda­ States Code relating to Tennessee is amended tions, plus 10 additional district judgeships. New York actually is contending for. by striking therefrom the last paragraph of It is for the Congress to decide whether it He states in effect that last September that section: wishes to adopt the Judicial Conference 1960, the Judicial Conference came up " 'The district judge for the Eastern Dis­ recommendations or wishes in addition to with an answer that we needed 59 more trict in office on November 27, 1940, shall create other judgeships as provided by H.R. Federal judges. This was, remember, hold court in the Northern and Northeastern 2226, S. 912, as amended, or by other bills last Septe~ber. Divisions. The other judge of that district introduced this year in the House and The Attorney General of the United shall hold the terms of court in the Southern Senate. ' States, after January 20, appeared be­ and VVinchester Divisions. Each may ap­ point and remove all omcers and employees I take it that this is not a positive fore the Committee on the Judiciary of the court whose official headquarters are recommendation by this administration and was asked the question whether or located in the divisions within which he for a single judgeship beyond the Sep­ not he approved 59 additional judges holds court and whose appointments are tember 1960 recommendation of the that had been recommended and he said vested by law in a district judge or chief Judicial Conference which calls for 59 yes. So the gentleman from New York judge of a .district.' judgeships. This was the recommenda­ says that we should then cut it off at "(f) (1) The President shall appoint, by tion on which the last administration that point, at last September's recom­ and with the advice and consent of ·the Senate, one additional district judge for the stood, and I think it is fair to say, ac­ mendation, and not go one step further. eastern district of Michigan. The first va­ cording to this evidence, that this is also If the gentleman from New York had cancy occurr,ing in the office of district judge the recommendation of the present ad­ taken the time to read the letter that m said district shall not be filled. ministration The distinguished ranking the Attorney General of the United . "(2) The President shall appoint, by and minority meniber of the· Judiciary Com­ States sent to the chairman of the com­ with the advice and consent of the Senate, mittee, Mr. McCuLLOCH, has pointed to mittee, as · it appears on page 12, the 1961 CONGRESSIONAL RECORD- HOUSE 6313 report dated March 17, 1961, he would guided entirely by the recommendation document of 359 pages, containing a see that he recommends the additional of the Judicial Conference. The result wealth of statistics which show conclu­ numbers, which would make it 69 as in that they have brought about in the sively that tht. bill is justified and should this bill, plus the 1 that is not recom- form of the committee amendment to be passed. At page 10 of the report mended. So why should we, at this late H.R. 2226 is one which will mean a great starts the listing of the creation of the date, say that we should not progress deal to the administration of justice in judgeships approved by the Judicial Con­ since last September in trying to meet our State. ference on September 21-23, 1960, and the problem that we have? I have been most interested in this then at page 11 appears a letter from Mr. LINDSAY. Mr. Chairman, will legislation from its inception. The ef- Warren Olney III, Director of the Judi­ the gentleman yield? feet that it will have in supplying needed cial Conference of the United States, Mr. ROGERS of Colorado. I yield to judicial manpower to our Federal dis- addressed to the chairman of the Com­ the gentleman from New York. trict courts in North Carolina is a com- mittee on the Judiciary under the date Mr. LINDSAY. Can the gentleman pliment to the committee, to each mem­ of Monday, March 13, 1961, when the say in all honesty that the Committee ber of the North Carolina delegation Conference voted to recommend to the on the Judiciary of the House of Repre- which has been unanimous in its spon­ Congress the creation of additional sentatives fully, fairly, and adequately sorship of the program, and to the many judgeships in the several districts. It considered the 10 additional judgeship distinguished members of the bar of was in this letter that was included one rec.ommendation made by the Judicial North Carolina who have given their additional judgeship for the western dis­ Conference? unstinting support to the accomplish- trict of Missouri. At page 12 of the re­ Mr. ROGERS of Colorado. I will say ment of this most desirable end. port is a letter from the Attorney Gen­ this. We had hearings and we had I strongly urge that my colleagues in eral, Robert F. Kennedy, addressed to people come in and testify. the House join with us in defeating the the chairman of the Judiciary Commit­ Mr. McCULLOCH. Mr. Chairman, proposed substitute and adopting the bill tee stating that the Department of Jus­ will the gentleman from Colorado yield as presented to the House by the Judi- tice concurs in the action of the Judicial to me? ciary Committee. Conference and specifically mentions and Mr. ROGERS of Colorado. I yield to Mr. LINDSAY. Mr. Chairman, will includes one additional judge of the the gentleman from Ohio. the gentleman yield? . western district of Missouri. That same Mr. McCULLOCH. Does the gentle- Mr. ROGERS of Colorado. I yield to letter recommended the early enactment man from Colorado remember that the the gentleman from New York. · of legislation creating all judgeships ap­ Attorney General of the United States Mr. LINDSAY. Mr. Chairman, I proved by the Judicial Conference. said that neither he nor the Department should like to ask my distinguished col­ As Representative in Congress for the of Justice had made an investigation league on the committee: Is it not a fact Fourth District of Missouri which is lo­ concerning the need for these additional that the subcommittee had concluded cated and situated in western Missouri, judges? its hearings and it was only 10 days later I noted in the report at page 181 that Mr. ROGERS of Colorado. He said that the Judicial Conference decided to there is a rather comprehensive descrip­ that he had followed the recommenda- send over the recommendation for the tion of the judicial business of the U.S. tion of the Judicial Conference. additional10 judgeships? District Court for the Western District Mr. McCULLOCH. Mr. Chairman, Mr. ROGERS of Colorado. The only of Missouri which continues through will the gentleman yield further? reason for that is that the Judicial Con- and including page 189. It is not my Mr. ROGERS of Colorado. Yes. ference had met 10 days later. purpose to review all of these facts and Mr. McCULLOCH. The record shows Mr. LINDSAY. The gentleman has figures but it is noted that the chief judge is the Honorable Albert A. Ridge, that the Attorney General of the U~ited answered my question that the Judiciary . who has occupied the bench since 1945, States said that neither he nor the De- Committee has not considered the pro­ and a statement furnished by Judge partment of Justice had made any in- posal for the additional 10 judgeships. Ridge came to our o:mce which was also dependent investigation whatsoever con- Mr. CELLER. Mr. Chairman, will the presented to the Judiciary Committee cerning the need for the additional gentleman yield? for consideration when hearings were judgeships. That is in the record at Mr. ROGERS of Colorado. Surely. held on the bill. I think that it is im­ page 401. Mr. CELLER. The full committee portant that there be preserved in the Mr. ROGERS of Colorado. May I considered it and so did the subcom­ RECORD excerpts from this statement as point out to the gentleman from Ohio mittee. And I will say to the Members follows: that our chairman indicated that we of the House that this same motion was The three judges who serve the U.S. Dis­ changed the law in 1939 when we created made in the full committee and was voted trict Court for the Western District of Mis­ the Judicial Conference and we placed down overwhelmingly. I ask the Com­ souri continue to have a civil caseload some responsibility on them to make mittee to vote down this amendment which is 40 percent above the average. The these determinations. So far as I know now. caseload per judgeship in this district at both administrations-even before the The CHAIRMAN. The question is on the close of the fiscal year 1960 was 218 private cases. I am not informed as to the Eisenhower administration-have always the amendment offered by the gentle- location of all the additional juqgeships followed these recommendations. man from New York [Mr. LINDSAY]. your committee presently has under con­ Mr. WHITENER. Mr. Chairman, will Mr. LINDSAY. Mr. Chairman, I de- sideration, but the fact is that the caseload the gentleman yield to me? mand tellers. per judge in this district exceeds the case­ Mr. ROGERS of Colorado; I yield to Tellers were ordered, and the Chair- load in 14 of the districts for which the the gentleman from North Carolina. man appointed as tellers Mr. LINDSAY Judicial Conference has previously recom­ mended additional judgeships. In other Mr. WHITENER. Mr. Chairman, I and Mr. RoGERS of Colorado. words, in but six districts in which addi­ want to commend the gentleman from The Committee divided, and the tellers tional judges have been recommended by Colorado [Mr. RoGERS] for his advocacy reported that .there were-ayes 99, noes the Judicial Conference does the caseload of this very worthwhile proposal. 180. exceed that of the western district of Mis­ I want to take this opportunity to ex- · So the amendment was rejected. souri. press to the chairman of the Judiciary The CHAIRMAN. The question is on On a comparative basis, the private case­ Committee, my dear friend the gentle- the committee substitute amendment. . load per judgeship in this district is thus man from New York [Mr. CELLERJ, and The committee substitute amendment established to be in excess of the caseload to the other members of our committee was agreed to. per judgeship nationally. The median time interval for disposition my deep appreciation for their support Mr. RANDALL. Mr. Chairman, I sup­ of civil litigation pending in this court con­ of our proposal for three additional Fed- portS. 912 as reported with an amend­ tinues in excess of 11 months. With the era! district judges for the ·State of ment on March 30, 1961, by the Com­ number of cases commenced in this district North Carolina. mittee on the Judiciary which provides exceeding the number of cases terminated, The facts · fully support our request, for the appointment of additional cir­ the only reasonable expectation is that such and I think that it is a great compliment cuit and district judges. · In the report m·edian time interval w1ll continue to grow:. to our committee that they properly submitted by the committee to accom.:. In considering the casel~ad of the judges evaluated those facts rather than being pany s. 912, being Report No. 215, a in this district, it shoUld l)e noted that, 6314 CONGRESSIONAL RECORD- HOUSE April 19 statistically, 91 condemnation cases were Accordingly the Committee rose; and Granahan McDowell Rutherford pending in this district as of December 31, the Speaker having rest.u:ned the chair, Gray McFall Ryan 1960; with 670 tracts involved, as revealed Green, oreg. McMillan St.Germain Mr. ALBERT, Chairman of the Committee Green,Pa. McSween . Santangelo in table C-10.of the second quarterly report of the Whole House on the State of the Griffiths Macdonald Saund ending December 31, 1960; also, that the Gubser Machrowicz Saylor judges in this district are constantly called Union, reported that that Committee, Hagan, Ga. Mack Schenck upon to consider numerous habeas corpus having had under consideration the bill Hagen, Calif. Madden Schneebell proceedings by reason of the location of the rk did not affect his State half million dollars. With this saving. employee and revocation ·of a eontra1:tor's job. Brew.er .said, he estimated the road could be biddin,g pri vUeges.. Taylor 'Said. he :sto;pped -receiving checks resurfaced '27'2 tim·es again over a period of from 'the Duval .firm in May of 1959. 25 years, after which the boulevard should Later he ·testified .his immediate boss, !From the Jacksonville J,ournal, Feb. 3, 1961J be just like a new road. JuDGE .SCORES Fmu IN SHOR:r-LOAD CASE James A. Brewer, district engineer at Lake "In other words,'' Kelly commented acidly, City~ had told him in Eeptember of 1960 that ••if the people of Duval County .hold out A judge denounced Duval Engineering and he didn't think 'Taylor should accept an-y for 25 years, they will have a good road." Contracting Co. today, then deferred sen­ more money from contractors. Brewer emphasized he had not been pres­ tencing two of the company.. s employees who QUESTIONS MSCREPANCY sured m'to changing b.is recommendation for were convicted last week of 'defrauding the e, limerock base . .He said he .and Al Church, Government. Kelly ·asked Tay1or 11.bout th-e discrepancy In refusing a motion for a new trial for the in the times he .stopped accepting .chooks and State highway engineer, .a,greed and took a calculated risk. two -employees, U.S. District Judge Albert L. the time Brewer told him h.e shouldn't accept Reeves said, "The facts are, in this case, that .them. .the Government was shamefwly defrauded Had he not stopped, Kelly asked, because [From the Tampa Tribune, Mar. 22, .19611 'FRAUD REPOR'tS CHECKED-STATE ROAD BOARD .and everybody knew it." supervisory personnel of the Duval Co. were The judge said he still must weigh whether jury SUSPENDS CONSTRUCtiON FIRM IN JAX being investigated by a Federal grand George D. Osbourne, Sr_, and Vlrgll Moore 1n the summer of 1959? TALLAHASSEE, March '23.-The State road should be sent to prison _tor a fraud ''which The question -angered Taylor. department today suspendid Duval Englneer­ would have ben-efited only the Duval En­ Du.val Engineering wa'S .suspended by the .in,g & Contracting Co. of Jacksonville while -gineering Co... He postponed sentencing 'S'tate r-oad board in Tallahassee today from it checks reports that Duval had defrauded until Feb. 17 at 10 a.m. bidding on State projects. 'The board said the State. In a lengthy, almost angry. reply to the prelimlnaTy investigation indicated Duval There was no discussion of payola in con­ motions for a new trial, the judge said this had charged the State for materials that nection with the Duval .firm, -although the case "involves ..one ,of the big problems in never were delivered to highway projects. ..Kelly road committee aired testimony today America today-cheat the Government if in .J.a.cksonvllle of gratuities to highway em­ HELPED T.RAIN OFFICIAL you can. ployees from the firm. Taylor 'Said .he hm .helped train an official Road board chainnan, John PhilUps, said ••All the way. these witnesses (truck drlv­ -ers cal'l.ed to testify) were under a handicap. -of the DuV1l.l firm, John B. Hysler, in asphalt early indications point to the conclusion production. Hysler was one of three Duval that the company charged the State forma­ The -company was lba-ck of them, threatening officers indicted by the Justice Department wrials which did not go into roads. their Jobs. I knew It. :and the jury knew on conspiracy to defraud charges. He was "We are not ready at this time to release it. • • • Both of these men, as far as their acquitted later but the other two Duval offi­ any portion .of our investigative report," .personal lives are eoncerned, are worthy -of probation. cers were given 3 years' probation. P.hilli.ps .said. Later, tw.o o'ther Toad department employ­ He said the investigation is not finished "But, at the .same time, this was a terrible ees, soils engineer, W. T. Ellis, and projects 'and if it 'finally proves out the State was case of defrauding the Government." engineer, Willie Ray Ryalls, .admitted they not d-efrauded, the company would .be rein­ The judge also read condensed statements were paid by Duval tor work in their off­ stated immediately. that company employees made before the duty hours. Ellls said ihe ·received between He promised a decisi

Osbourne is an assistant superintendent committ-ee -that Duval· Engineering had 'Sys­ out that this praeUce ·or shOz-t, lo'aidlng· was for the company and Moore is foreman of tematically defrauded the State on asphalt. systematic, de1lber.ate an11 tnteo.tlonal s ov.er a. per'iod Gf iSeveral y.ear.s. near Bowden. ' Duval plants before h'l:s Tetlrement '2 'f~t'S It is a reflection on the en~ oounity .and

In asking for a new trlal4 the defense 'Said ago. he told Sam Taylor, the roa'd depart­ everyone :ln:v.olved. evidence did not support a gullty verdict ment's chief asphalt engineer 'in northeaSt · '"I thtn.k the entire m.altter skau!Ld be against the men. Defense .attorneys also Florida, there was short weigp.ting; b11oug'ht uut in the open and clea;rect up,,., protested the reading before the jury of Blo1s said Taylor "'just ·shrugged it off" Burke 'SS!d. statements given to the FBI by witnesses and he turned over the figures to the road His request stemmed fr@m a -pubUsb.ed re­ but not offered in evidence. departm.ent"s research department. mark that a .con.ttlractor had been .a;pproa.ehed In most cases the statements were used Tn hls opinion, 'Blois said, half the con­ fg.r a pa-y.off, whil.-ch he T:vic'ted employees .are still Duva1 Engineering ernment on asphaiJ.t-concrete ·deliveries to ann they understand the nature of the crime employees -al'tliloug'h nu longer supervisors. the Mayport Naval Base. with which they hav~ been ch'll4"ged, and l Br.esft d.ef-eru:led 'tb.is, saying: ''Those boys Phillips saA.d evidence at the trlal ·showed am sure that .both of ithem will agree Ito that are under suspended sentence and ' haven~ conclusively that many trucks of asphalt condition of pr.obatio:m.., and I think it's a a chance to get a job any place else. I 'think were loaded wl~h only 14 tons whereas .the most reasonable .request_ we have Ito have some sympathy !

Th1s 'Wltness was, '8.S you -say, very hostile. got to get the truc'k-s out. All the kucks ~re and tbls 'Same m~tter 1:s incorpor-ated in the At least I didn't admit-1 would have done backed up here. I've got so many truc"ks, 'I probation reports. so lf lt b-ad been offered but !t wasn't otfered. don't know what to "do with them." Now, John M. Moye, and you remember w:e had. Now, Wm.tam 'Thomas W.atk.ins 'Sa1d tihat­ in his statement, he said, he stated short a 1ut >Of trouble ttbout h1m, saitl he was :or­ first {)n his testimony, b:e first stated. that as loading was common practice. That ls ob­ dered to load short by Moore :alt'd Roblnson. far as .he mew~ each truck .contained 16 vious from aU the testimony, th'at it was He later earn~ back to the ~Stand :anti testi­ tons, but later stated some h.ad 14 tons. He not only common -practice but it was ·the fied that Osbourne had ordered hlm to load denied Osbourne instructed him to load design ln elfect ·and couldn•t be ,otherwise, shor.t -on prio-r jobs. N.Ow, ln hi'S statement short. He denied .showing the Teason ft>r where the Duval E:m.gineering came in and · furnished oo "the 'FBI be -stated he lc:raded loading seven batches. Now, ln his 'state­ confessed that it had -defraUded the Govern­ short on tbe 'Mayport cf guU·ty as to these short. to Osbourne -and Hysler that he was taken two defendant~:! and the testimony. I thought Clarence Edward Lucas denied having a off the jo·b because he would not load short. was short so far as Hysler was concerned, yet discussion with others that Duval was short­ Now, coming down t0, and you under­ .as I said, I think th-at everybody knew that ing the Navy and then in his statement stand that this testimony .after conviction the Government was being defrauded. Yeallzed after discussing the matter that .in the case and when the presumption of Now then, gentlem:en, I have before me Duval was shorfting the Navy asphalt. innocence bas all disappeared because the the reports of the probation 'Officers but I F. J. Watkins stated he did not get curi0us jury has said they are guilty, then as was haven't had an 'Opp0rtunity to digest them. about the short loads nor did he know the held by-Mr. Chi'ef Justice Black wrote the .I hav:e 'eJKamined them enough to know that reason for them; at first, denled he was ever opinion in a New York case where a jury both Osbourne and .Moore did not profit interviewed by anyone concerning this mat­ had made a very strong Yecommendatlon to the;mselves !rom it. They did not profit. ter. He denied knowing the approximate the judge that he exercise extreme leni­ They are apparently very good men. They number of short loads he delivered on the ·ency in the case of the defendant. The have good records aside from this event ·and job. Then he stated ln his statement, said defendant was sentenced to die. I sup­ I am not ready to defer the ·district at­ he hauled short loads., short about 40 pose it was a murder case. · I don't remem­ torney~ but I woUld like to defer 'Sentence percent ·of the time and he knew the Gov­ beT. It went to the court of appeals, who :again un.til. I have time oo rstudy these pro­ ernment was being shorted on the loads affirmed the judge. Then, of course, it was bation reports. .going :to Mayport. · an apt case for certiora,ri ln the Supreme .Now. then, rn say oo counsel. how, what Now, gentlemen, this is a case which re­ Court. It went to the Supreme Court .of time-I want to do it at a time 'Convenient flects 'the, one of the prime problems of the United States and Mr. Justice Black to counsel. Both these :m.en as :far as their America today that where the Government Wl'ote the opinion and said that dur.ing the persdn-al . lives ·are ;concerned are worthy of is fnvolved, cheat the Government if you trial of the case~ it ls the duty of tlle judge probation. Yet YQU have :a h-orrible :e:x;ample can. · · to keep out any evidence of other 'Crimes h~re of moot .serious defrauding ot the Gov­ Now, Lynwood William Shaw in his tes­ but after convietion, it ts the duty of the ernment under a contract -where 'the Gov­ timony JStated he believed the reason for judge to get all the· information he .can ernmen-t ou.ght not been

EXTENSIONS OF REMARKS

The Polaris Fleet Ballistic Missile through interlocking channels designed to Thrust vector (direction control) is exer-· have each component ready at the target cised by devices called jetavators. Both Weapon System date. motor cases are made of steel. The first launching of a Polaris test ve­ Flight tests of the second generation Po­ hicle from a submerged submarine took laris A-2 missile began on November 10, EXTENSION OF REMARKS place on July 20, 1960, about 30 miles at 1960. Polaris A-2 will have a range of 1,500 OF sea off Cape Canaveral, Fla., at 12:39 p.m. nautical (1,740 statute) miles. The second­ e.s.t. Less than 3 hours later, at 3:32 p.m. stage motor is made of wound fiberglass, HON. VICTOR WICKERSHAM e.s.t., George Washington fired a second and the first stage motor is about 30 inches OF OKLAHOMA Polaris. longer than on Polaris A-1. The solid pro­ IN THE HOUSE OF REPRESENTATIVES The Polaris weapon system development pellant used in the longer range missile has is being managed for the Navy by the Di­ a higher specific impulse than its prede­ Wednesday, April 19, 1961 rector of the Special Projects Office, Vice cessor. Polaris A-2 is expected to be opera­ Mr. WICKERSHAM. Mr. Speaker, a Adm. William F. Raborn, Jr. Assisting him tional by early 1962. is an imposing team of Navy missile experts, Future development of a Polaris A-S will week ago last Sunday and Monday at the give the missile a 2,500 nautical mile range. invitation of the Secretary of the Navy major industrial firms, and scientific leaders. Operational ballistic missile submarines MISSILE GUIDANCE I had the pleasure to accompany several are under the control of the commander in Members of this and the other body on chief, U.S. Atlantic Command who exercises The inertial guidance system used in Po­ a cruise aboard one of our new fleet his authority through the commander in laris is a refinement of earlier inertial sys­ chief, U.S. Atlantic Fleet and commander, tems and is the smallest in use in U.S. bal­ ballistic missile submarines. listic missiles. Using extremely precise gyro­ We boarded the U.S.S. Theodore Submarine Force, U.S. Atlantic Fleet. The Special Projects Office will continue to scopes, accelerometers and its own electronic Roosevelt at Cape Canaveral, Fla., and manage the research and development pro­ computer, the guidance system puts the mis­ continued several miles out into the grams for longer range versions of Polaris sile on correct course at the time of launch. Atlantic. There we had demonstrated missiles, advanced versions of Polaris firing Should the missile be moved off course by to us the amazing capability of this submarines and associated equipment. high winds or other effects, the guidance system automatically computes a new correct weapon system. We are indeed fortu­ THE CONCEPT nate to have this fine submarine and course and puts the missile on it. The guid­ With almost unlimited cruising range and ance system also maintains the stability of crew on our side. Cmdr. 0. H. Perry, with endurance limited only by the crew, the missile in pitch, yaw, and roll planes. the commanding officer, and his crew are the FBM nuclear submarine is capable of At the precise instant required, the guidance outstanding in every respect. extended submerged operation in the inter­ system shuts off the rocket motors and trig­ At my request, the Navy liaison has national waters of the world which comprise gers separation of the reentry body from the furnished the following unclassified in­ about 70 percent of the earth's surface. missile. The reentry body then follows a formation, which has been cleared for Free of the need to surface or extend a ballistic trajectory to the target. snorkel above the surface for continuous release: THE FBM SUBMARINE operation, FBM nuclear submarines will re­ THE POLARIS FLEET BALLISTIC MISSILE WEAPON main hidden by an oceanic curtain, their lo­ FBM submarines of the George Washington SYSTEM cations unknown to any potential enemy. class are about 380 feet long with a beam of The U.S. Navy's fleet ballistic missile The FBM submarines will at all times be un­ about 33 feet and displacement of about (FBM) weapon system, became an opera­ der U.S. control. The Polaris missiles, pow­ 5,900 tons. Ethan Allen class submarines tional reality on November 15, 1960, when ered by solid propellant, wlll be ready for will be about 410 feet long and displace about the nuclear-powered submarine U.S.S. George launch within minutes of receiving the com­ 6,900 tons. Both classes are driven by steam Washington (SSBN 598) left Charleston, mand without the need for long countdown. turbines powered by water-cooled nuclear re­ S.C., to go on patrol with a full load of tac­ Mobile, hidden, ready for instant action (or actors. Both classes carry 16 Polaris missiles tical Polaris missiles. On December 30, 1960, carefully considered delayed action) , the stowed in 8 pairs of vertical launching tubes she was joined in her silent domain by the FBM system will provide the United States a in the space immediately behind the sail. U.S.S. Patrick Henry (SSBN 599) also fully powerful deterrent to those who might start Each submarine has a 300-ton capacity air­ loaded with Polaris ballistic missiles. Four a global war. conditioning plant. FBM submarines are more Polaris-firing submarines will join the THE MISSILE also equipped with air scrubbers and precipi­ fleet during 1961: Robert E. Lee (SSBN 601), Polaris, named for the North Star, is a tators to remove irritants from the air and Theodore Roosevelt (SSBN 600), U.S.S. Abra­ two-stage ballistic missile powered by solid maintain the proper balance of oxygen, ham Lincoln (SSBN 602), and U.S.S. Ethan fuel rocket motors and guided by a self­ nitrogen, and other atmospheric elements. Allen (SSBN 608). The Ethan Allen will be contained inerital guidance system inde­ Electrolytic oxygen generators under develop­ the first of a larger and heavier class of pendent of external commands or control. ment will permit the submarine to manu­ FBM submarines. Propellant is basically a polyeurethane com­ facture its own oxygen from sea water. THE SYSTEM pound with light metal additives for higher NAVIGATION Besides the missile itself, the fleet ballistic specific impulse. Two positions must be known for success missile weapon system includes nuclear­ The 1,200 nautical (1,380 statute) mile in missile launching: target and launcher. powered missile launching submarines, sup­ range operational missile is designated Po­ In the FBM system this puts great impor­ port facilities, and personnel. The system laris A-1. It is about 28 feet long, about tance on navigation since the position of became operational more than 2 years ahead 4Y2 feet in diameter, and weighs about 30,- the launcher is the position of the ship and of the original schedule. All phases of the 000 pounds. Each motor exerts thrust is continuously changing. Several methods program were brought along in parallel and through four nozzles in the motor base. complement each other in the FBM sub-