SALARY OF DEPUTY UNITED STATES MARSHALS APRIL 28, 1937.—Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. TOLAN, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 6453] The Committee on the Judiciary, to whom was referred the bill (H. R. 6453) to increase the minimum salary of deputy United States marshals to $2,000 per annum, after consideration, report the same favorably to the House with the recommendation that the bill do pass. This bill fixes a minimum salary of $2,000 per year for deputy United States marshals who are field deputies, that is, those deputies other than those whose principal duties are of a clerical nature. Deputy marshals have important, arduous, and often dangerous duties to perform. They serve process of the courts, make arrests, and handle prisoners. They are subject to duty at all hours. In the last Congress an act (Public, No. 146, 74th Cong., 49 Stat. 377) was passed which contained the following provisions with reference to the powers and duties of marshals and their deputies: It shall be the duty of the marshal of each district to attend the district courts when sitting therein and to execute all lawful precepts issued under the authority of the United States; and he shall have power to command all necessary assistance in the execution of his duty. That in addition to all other powers United States marshals and their deputies shall have the power to make arrests without warrant for any offense against the laws of the United States committed in their presence or for any felony cognizable under the laws of the United States in cases where such felony has in fact been or is being committed and they have reasonable grounds to believe that the person to be arrested has committed or is committing it. The marshals and their deputies shall also have the power to carry firearms. The following extract from the testimony of Marshal John J. Murphy, of Boston, before the Judiciary Committee describes the work of marshals and their deputies: We work with the postal department in the case of violation of the postal laws. We work with the Bureau of Internal Revenue in cases of violation of the tax laws, as well as cooperating in connection with the alcoholic laws and with the Narcotic Division in the enforcement of the drug laws. We also cooperate with the Department of Labor in the enforcement of the immigration laws, and with the health authorities in the enforcement of the pure-food laws. So the duties are very diversified. Originally the marshal, at the time when there was a king, represented the king in the enforcement of the admiralty law, but as time went along the duties of the marshals were increased, and so today the marshal is the executive officer of the courts, charged with the enforcement of all orders of the courts. He has the care, custody, and transportation of all Federal prisoners within his district. He has the service of civil process, the service of process of admiralty cases, the auction of property belonging to the Government. He is the fiduciary officer of the Government. He is the paymaster for the courts and for the district attorney, and he is called on to do a multiplicity of duties. Of course, it is obvious that he cannot do them himself, and so he must do these things through his deputies, and a deputy is apt to be called on any particular kind of a duty. It cannot be denied that as a class deputy marshals are underpaid. According to figures furnished by the Department of Justice there are approximately 571 deputies whose principal duties are in connection with the service of process. Their average annual salary is $1,643.15, with a range from $1,440 to $1,720, for ordinary deputies, as compared, for example, with the salary of agents in the Alcohol Tax Unit, minimum $2,600; agents of the Federal Bureau of Investigation, minimum $2,900; or, deputy sheriffs for the State of New York, minimum $2,800, Pennsylvania, including Philadelphia County, $2,200 to $3,000. The Department of Justice advices that the total cost of the increase proposed by this bill will amount to $212,200. 1st Session No. 726 RESERVING CERTAIN LANDS IN STATE OF UTAH FOR KOOSHAREM BAND OF PAIUTE INDIANS APRIL 29, 1937.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. ROGERS of Oklahoma, from the Committee on Indian Affairs, submitted the following REPORT [To accompany H. R. 6252] The Committee on Indian Affairs, to whom was referred the bill (H. R. 6252) to reserve certain lands in the State of Utah for the Koosharem Band of Paiute Indians, having considered the same, report thereon with a recommendation that it do pass without amendment. This legislation has the approval of the Department as can be seen from the following letter from the Acting Secretary of the Interior: DEPARTMENT OF THE INTERIOR, Washington, March 10, 1937. The SPEAKER OF THE HOUSE OF REPRESENTATIVES. MY DEAR MR. SPEAKER: There is transmitted herewith a draft of proposed legislation to reserve certain lands in the State of Utah for the Koosharem Band of Paiute Indians. The proposed bill would add 320 acres of public domain to the lands now reserved for the Koosharem Band of Indians or allotted to its members. The Indians have made some use of the tract for many years and for them to lose it now would cause great hardship. It contains their cemetery and also a spring. It is planned to carry water from the spring to the Indian settlement for domestic purposes. The Indians at present own very little, if any, livestock. However, the superintendent in charge has reported that the withdrawal of the additional 320 acres would give them sufficient grazing land to enable them to keep milk cows. This would be a material advancement for the Indians. The land is not suitable for farming. In view of the foregoing, I recommend that favorable consideration be given the attached draft of proposed legislation. Under date of February 18 the Acting Director of the Bureau of the Budget advised "that the proposed legislation is not in conflict with the program of the President." Sincerely yours, CHARLES WEST, Acting Secretary of the Interior. This bill has the approval of the Indians that it affects. RESERVING CERTAIN LANDS IN UTAH FOR THE SHIVWITZ BAND OF PAIUTE INDIANS APRIL 29, 1937.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. ROGERS of Oklahoma, from the Committee on Indian Affairs, submitted the following REPORT [To accompany H. R. 6250] The Committee on Indian Affairs, to whom was referred the bill (H. R. 6250) to reserve certain lands in the State of Utah for the Shivwitz Band of Paiute Indians, having considered the same, report thereon with a recommendation that it do pass without amendment. This legislation has the approval of the Department, as can be seen from the following letter from the Acting Secretary of the Interior: INTERIOR Department, Washington, March 8, 1937. The SPEAKER OF THE HOUSE OF REPRESENTATIVES. MY DEAR MR. SPEAKER: There is transmitted herewith a draft of proposed legislation to reserve certain lands in the State of Utah for the Shivwitz Band of Paiute Indians. The proposed bill would include 1,280 acres within the Shivwitz Reservation. However, sec. 16, T. 41 S., R. 17 W. described in the bill, is now a State school selection. There is existing authority for the State of Utah to exchange this section for other lands. It is entirely optional with the State whether it will take advantage of this authority, and if it does not see fit to do so the Indians would receive only 640 acres. The south half of sections 14 and 15 of the same township and range is vacant public domain. The area involved joins the present Shivwitz Reservation on the north and lies between it and a high cliff. It forms a trap for stock grazing on the public domain, and is a detriment rather than being a value to the open range. The Indians of the Shivwitz Band need the additional grazing land and if the two sections can be added to the reservation, it will lessen administrative difficulties. It is provided that the Secretary of the Interior shall designate a driveway across the Shivwitz Reservation in order that white stockmen who desire to graze cattle on each side of the reservation shall have a means of moving their cattle from one range to another. The area involved in the bill is small and its chief value to other than the Indians in the past has been as a driveway for stock. If a driveway is provided for white-owned stock, it is not believed there would be any serious objection to the addition of the small area to the reservation. II. Repts., 75–1, vol. 2——6 |