Imagini ale paginilor
PDF
ePub

TO CREATE A THIRD JUDICIAL DISTRICT IN THE STATE OF KENTUCKY

MAY 23, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. CHRISTOPHERSON, from the Committee on the Judiciary, submitted the following

REPORT

[To accompany H. R. 5624]

The Committee on the Judiciary, to whom was referred the bill H. R. 5624, after consideration, reports the same favorably with amendments and recommends that the bill, as amended, do pass. The committee amendments are as follows:

At the end of line 9, page 1, insert the name "Adair" and a comma. In line 11, page 1, after the name "Carter" insert the name "Casey" and a comma.

In line 12, page 1, after the name "Gallatin" insert the name "Garrard" and a comma.

In line 1, page 2, after the name "Lewis" insert the name "Lincoln" and a comma.

At the end of line 12, page 2, strike out the colon, insert a semicolon and the following: "at Danville first Monday in May and second Monday in November", and a colon.

In line 14, page 2, after the word "at" insert the following: "Danville and".

In line 23, page 2, strike out names "Adair" and "Casey" and in line 24, page 2, strike out the name "Garrard" and in line 25, page 2, strike out the name "Lincoln".

In line 14, page 4, strike out the name "Hopkinsville" and insert the name "Madisonville".

In lines 19 and 20, page 4, strike out the word "Hopkinsville" and insert the name "Madisonville".

On page 10, lines 11 and 12, strike out the following words: "On the first day of February, 1927" and insert in lieu thereof "Thirty days after its passage and approval".

HR-71-2-VOL 4-11

On page 1, line 3, after the word "amended" insert the following in parenthesis: "sec. 158, title 28, U. S. C."

Amend the title so as to read:

To amend section 83 of the Judicial Code, as amended (sec. 158, title 28, U. S. C.).

STATEMENT OF FACTS

Kentucky now has two Federal court districts, the eastern and the western. The State has 120 counties of which, as at present divided, 53 are in the western district and 67 in the eastern.

This bill divides the State into three districts: Eastern, southern, and western, with 45 counties in the eastern, 32 counties in the southern, and 43 counties in the western. As so subdivided the new eastern district will have an area of 11,856 square miles with a population of 780,704 and the new southern district will have an area of 11,787 square miles and a population of 640,598, according to the 1920 census. The reports are that the population in both these districts has greatly increased since that enumeration.

The counties embraced in the new southern district are largely mountainous and the facilities for travel, either by railroads or highways, is slow and difficult. Therefore distance to attend court is more of a problem in that part of the State than where the country is level and means of travel better developed. By reason of this the people of that part of the State have for some years past contended for a district with places of holding court more accessible than at present.

VOLUME OF BUSINESS IN EASTERN DISTRICT

The volume of business in the eastern district as at present constituted has increased enormously during the past few years and it was brought to the attention of the committee that in 1929 there were returned 3,737 indictments upon which there were 3,292 convictions. In addition to this large number of criminal prosecutions this district has the usual number of civil cases, bankruptcies, and other civil litigation. The district had a record of 900 jury cases. during the year 1929.

While it appears that the judge of this district, the Hon. A. J. M. Cochran, with commendable zeal and industry, has managed to keep his docket clear, notwithstanding the extraordinary volume of business, it is the judgment of the committee that the business in that district has reached such proportions that it is more than one judge should be expected to care for. It is so great that the judge must necessarily exercise an unusual degree of speed in the disposition of the court's business. While diligence in court procedure is commendable, it is the belief that in this court the effort to keep up with the docket prevents that calm deliberation and careful consideration to which persons in Federal courts are entitled.

EXPENSE INCIDENT TO A NEW DISTRICT

On the question of expense, witnesses before the committee contended that it would be a saving to the Government to create a new district in this part of the State, in that it would lessen witness and

travel fees and that the added expense of a judge and other officers of the court, would be more than offset by this reduced outlay for witness. fees, reduced time of holding the accused in jail awaiting trial, etc.

PRESENT CONDITION A HARDSHIP ON LITIGANTS

It was also indicated to the committee that by reason of economic conditions in that part of the State and the distances to the places where court now convenes, many who in the past have become involved in litigation have been unable to maintain their rights by reason of their inability to meet the expense incident to taking their witnesses long distances and awaiting trial of their causes.

THIS SUBDIVISION AFFORDS RELIEF FOR ENTIRE STATE

As subdivided in this bill, the eastern district is not only relieved of the extraordinary volume of business but it takes 10 counties from the present western district and places them in the new eastern district, which equalizes, as nearly as possible, the business in the three new districts in Kentucky.

In the sister States of Tennessee and North Carolina, each has three Federal districts and for the sister State of West Virginia, a third district has been recommended by this committee. Conditions in the three States mentioned and Kentucky are quite similar.

OPPOSITION TO SUCH DIVISION

The opposition to this bill countered with another measure to appoint an additional judge at large for the State, and while that plan may be feasible in other States, considering the topography of the State of Kentucky, and especially the mountainous area included in the proposed new southern district, the committee did not look with favor on that plan. It is the opinion of the committee that the business of the Federal court in the State of Kentucky can be best cared for by providing for three districts as proposed in this Langley bill. This will provide not only places for holding court in the mountain section of the State, but it will also place the headquarters of the court there, with a judge and other officers of the court, who reside there, thus bringing the court near to the people of this part of the State, which heretofore has been remote so far as Federal courts are concerned.

Therefore in consideration of the premises it is the conclusion of your committee, that the creation of a new southern district in Kentucky as proposed will

First. Relieve the eastern district of part of its business, of late increased to a point greater than one judge should reasonably be expected to care for.

Second. Prove to be a convenience to the people in the southeastern portion of the State.

With the amendments proposed the committee recommends that the bill do pass.

In accordance with paragraph 2a of rule 13, there is printed herewith a copy of the old law showing new language inserted by the proposed bill in italics and old language omitted in brackets.

SEC. 83. (a) The State of Kentucky is divided into [two] three districts, to be known as the eastern, southern, and western districts of Kentucky.

(b) The eastern district shall include the territory embraced on the 1st day of [July, 1910] May, 1926, in the counties of [Carroll, Trimble, Henry, Shelby,] Adair, Anderson, [Mercer, Boyle, Gallatin, Boone, Kenton, Campbell, Pendleton, Grant, Owen, Franklin, Bourbon, Scott, Woodford, Fayette, Jessamine, Garrard, Madison, Lincoln, Rockcastle, Pulaski, Wayne, Whitley, Bell, Knox, Harlan, Laurel, Clay, Leslie, Letcher, Perry, Owsley, Jackson, Estill, Lee, Breathitt, Knott, Pike, Floyd, Magoffin, Martin, Johnson, Lawence, Boyd, Greenup, Carter, Elliott, Morgan, Wolfe, Powell, Menifee, Clark, Montgomery,] Bath, [Rowan, Lewis, Fleming, Mason, Bracken, Robertson, Nicholas, and Harrison] Boone, Bourbon, Boyd, Boyle, Bracken, Campbell, Carroll, Carter, Casey, Clark, Elliott, Fayette, Fleming, Franklin, Gallatin, Garrard, Grant, Green, Greenup, Harrison, Henry, Jessamine, Kenton, Lewis, Lincoln, Marion, Mason, Mercer, Montgomery, Nelson, Nicholas, Owen, Pendleton, Robertson, Rowan, Scott, Shelby, Spencer, Taylor, Trimble, Washington, and Woodford, with the waters thereof.

(c) [Regular Terms of the district court [of the United States] for the eastern district [of Kentucky] shall be held at [the following times and places, namely: At Jackson: Beginning on the first Monday in March and the third Monday in September in each year. At] Frankfort: Beginning] on the second Monday in March[,] and the fourth Monday in September in each year[]; At Covington [: Beginning] on the first Monday in April and the third Monday in October in each year[]; at [At] [Richmond: Beginning on the fourth Monday in April and the second Monday in November in each year. At London: Beginning on the second Monday in May and the fourth Monday in November in each year. At] Catlettsburg[: Beginning] on the fourth Monday in May and the second Monday in December in each year; [At] at Lexington [: Beginning] on the second Monday in January and the second Monday in June in each year: At Danville on the first Monday in May and the second Monday in November: Provided, That suitable rooms and accommodations for holding court at Danville and Lexington shall be furnished without expense to the United States, and at such other times and places in said district as may hereafter be provided by law.

(d) The clerk of the court for the eastern district of Kentucky shall maintain an office in charge of himself, a deputy, or a clerical assistant, at each of the places of holding court within said district.

(e) The southern district shall include the territory embraced on the 1st day of May, 1926, in the counties of Bell, Breathitt, Clay, Clinton, Estill, Floyd, Harlan, Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, McCreary, Madison, Magoffin, Martin, Menifee, Morgan, Owsley, Perry, Pike, Powell, Pulaski, Rockcastle, Russell, Wayne, Whitley, and Wolfe, with the waters thereof.

(f) Terms of the district court for the southern district shall be held at Paintsville on first Monday in January and first Monday in June; at London on the second Monday in May and the fourth Monday in November; at Richmond on the fourth Monday in April and the second Monday in November; at Jackson on the second Monday in March and the second Monday in September; at Hazard on the third Monday in March and the third Monday in September; at Pikeville on the fourth Monday in March and the fourth Monday in September; at Pineville on the second Monday in April and the second Monday in October; at Somerset on the third Monday in February and the first Monday in September: Provided, That suitable rooms and accommodations for holding court at Paintsville, Pikeville, Hazard, Pineville, and Somerset shall be furnished without expense to the United States.

And at such other times and places in said district as may hereafter be provided by law.

(g) The clerk of the court for the southern district of Kentucky shall maintain an office in charge of himself, a deputy, or a clerical assistant, at each of the places of holding court within said district.

(h) The western district shall include the territory embraced on the 1st day of [July, 1910] May, 1926, in the counties of [Oldham, Jefferson, Spencer, Bullitt, Nelson, Washington, Marion, Larue, Taylor, Casey, Green, Adair, Russell, Clinton, Cumberland, Monroe, Metcalf, Allen, Barren, Simpson, Logan, Warren, Butler, Hart, Edmonson, Grayson, Hardín, Meade, Breckinridge, Hancock, Daviess, Ohio, McLean, Muhlenberg, Todd, Christian, Trigg, Lyon, Caldwell, Livingston, Crittenden, Hopkins, Webster, Henderson, Union, Marshall, Calloway, McCracken, Graves,] Ballard, [Carlisle, Hickman, and Fulton] Barren, Breckinridge, Bullitt, Butler, Caldwell, Calloway, Carlisle, Christian, Crittenden, Cumberland, Daviess, Edmonson, Fulton, Graves, Grayson, Hancock, Hardin, Hart,

Henderson, Hickman, Hopkins, Jefferson, Larue, Livingston, Logan, Lyon, McLean, McCracken, Marshall, Meade, Metcalf, Monroe, Muhlenberg, Ohio, Oldham, Simpson, Todd, Trigg, Union, Warren, and Webster with the waters thereof.

(1) Terms of the district court for the western district shall be held at Louisville on the second Mondays in March and October; at Owensboro on the first Monday in May and the fourth Monday in November; at Madisonville on the third Monday in May and second Monday in December; at Paducah on the third Mondays in April and November; and at Bowling Green on the [third] fourth Monday in May and the [second] third Monday in December []: Provided, That suitable rooms and accommodations for holding court at Madisonville shall be furnished without expense to the United States.

The clerk of the court for the western district shall maintain an office in charge of himself, [or] a deputy, [at Louisville, at Owensboro, at Paducah, and at Bowling Green, each of which offices shall be kept open at all times for the transaction of the business of said court.] or a clerical assistant at each of the places of holding court within said district.

(k) Each of the offices of the clerks in each of the districts aforesaid shall be kept open at all times for the transaction of the business of said courts in the respective districts and [. The] the clerks of the courts for the eastern, the southern, and western districts upon issuing original process in a civil action, shall make it returnable to the court nearest to the county of the residence of the defendant[,] or of that defendant whose county is nearest to a court, and shall, immediately upon payment by the plaintiff of his fees [accrued] approved, send the papers filed to the clerk of the court to which the process is made returnable; and whenever the process is not thus made returnable[,] any defendant may, upon motion[] on or before the calling of the cause, have it transferred to the court to which it should have been sent had the clerk known the residence of the defendant when the action was brought.

(1) That the district judge of the eastern district of Kentucky as heretofore constituted, and in office at the time this act takes effect, shall be the district judge for the eastern judicial district of Kentucky as constituted by this act. That the clerk of the district court in said eastern district of Kentucky as heretofore constituted, and in office at the time this act takes effect, shall be the clerk of the district court of the eastern judicial district of Kentucky as hereby constituted until his successor shall be appointed and qualified as provided by law. The district attorney, assistant district attorneys, marshal, deputy marshals, deputy clerks, and referees in bankruptcy resident in said eastern judicail district of Kentucky as constituted by this act shall, within their respective jurisdictions in said eastern judicial district, continue in office and continue to be such officers in such eastern district until the expiration of their respective terms of office as heretofore fixed by law or until their successors shall be duly appointed and qualified as provided by law.

(m) That the district judge of the western district of Kentucky as heretofore constituted, and in office at the time this act takes effect, shall be the district judge for the western judicial district of Kentucky as constituted by this act. That the clerk of the district court in said western district of Kentucky as heretofore constituted, and in office at the time this act takes effect, shall be the clerk of the district court of the western judicial district of Kentucky, as hereby constituted, until his successor shall be appointed and qualfiied as provided by law. The district attorney, assistant district attorneys, marshal, deputy marshals, deputy clerks, and referees in bankruptcy resident in said western judicial district of Kentucky as constituted by this act shall, within their respective jurisdictions in said western judicial district, continue in office and continue to be such officers in such western district until the expiration of their respective terms of office as heretofore fixed by law or until their successors shall be duly appointed and qualified as provided by law.

(n) That the President of the United States, by and with the advice and consent of the Senate, shall appoint a district judge for the southern judicial district of Kentucky who, when appointed and qualified as provided by law, shall possess and exercise all the powers conferred by existing law upon judges of the district courts of the United States, and who shall, as to all business and proceedings arising in said southern judicial district as hereby constituted or transferred thereto, succeed to and possess the same power and perform the same duties within said southern judicial district as are now possessed by and performed by the district judges for the eastern district of Kentucky and the western district of Kentucky, respectively.

(0) That the President of the United States, by and with the advice and consent of the Senate, shall appoint a marshal and district attorney for the said southern judicial district of Kentucky as hereby constituted who shall, within their respective

« ÎnapoiContinuă »