All the judgeships recommended both by the Judicial Conference and the Attorney General are included in the reported bill, except one judge for the eastern district of Louisiana, which has already been provided for by a separate act, and one district judge for the district of Kansas which will be reported in a separate bill.

The committee has not included in the bill two judgeships recommended by the Attorney General, one for the southern district of Florida, and one for the eastern district of Pennsylvania.

An additional judgeship for the northern district of Alabama has been provided by separate act to meet an emergency situation in that district, with the proviso that no successor to the senior judge of the district shall be appointed.

SECOND CIRCUIT

The second judicial circuit includes the States of Vermont, Connecticut, and New York.

There are now five circuit judges in the second circuit and additional help is at times received from Judge Mack, former Commerce Court judge to whom no successor may be appointed and who divides his time between the second and sixth circuits.

The Circuit Court of Appeals for the Second Circuit has by far the largest volume of business of all the circuit courts of appeals. During the year ending June 30, 1937, 648 cases were filed in that court. The second largest volume of business is in the Seventh Circuit in which 351 cases were filed during the same period.

The number of appeals per judge filed in the second circuit during the past fiscal year was 130, while the average per judge for the entire country was 65.

The second circuit has the same number of judges as the third and eighth circuits with a volume of business more than twice as large as either of them. During the fiscal year ending June 30, 1937, there were 315 cases filed in the third circuit and 257 in the eighth circuit. The ninth circuit has seven judges-two more than in the second circuit, yet during the period in question there were nearly twice as many cases filed in the second circuit as in the ninth circuit, where 332 cases were filed.

Prior to 1902 there were three judges in the second circuit. The number was increased to four by the act of April 17, 1902 (32 Stat. 106) and from four to five by the act of January 17, 1929 (45 Stat. 1081). Since the last increase in the number of judges for this circuit, the volume of business has grown from 451 cases filed during the fiscal year ending June 30, 1929, to 648 cases during the last fiscal year.

SECOND CIRCUIT

FIFTH CIRCUIT

The fifth judicial circuit includes the States of Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas, aggregating a total area of 531,196 square miles. This circuit ranks third in size, being exceeded in area only by the ninth and tenth circuits. It extends from El Paso, Tex., on the west, to Florida, on the southeast, a distance of over 2,000 miles, more than half of the breadth of the United States. There are now only four circuit judges in the fifth circuit, while the second, third, and eighth circuits have five judges each, and the ninth circuit has seven judges. The number of cases docketed in the fifth circuit during the past fiscal year was somewhat greater than the number docketed in either the third or ninth circuits, and exceeded the number filed in the eighth circuit by nearly 100

cases.

Prior to 1930, there were three judges in the fifth circuit. The number was increased to four by the act of June 10, 1930 (46 Stat. 538).

The court is required by law (U. S. C., title 28, sec. 223) to hold its sessions at four places, namely, New Orleans, La.; Atlanta, Ga.; Fort Worth, Tex.; and Montgomery, Ala.

During the past fiscal year 348 cases were filed in the fifth circuit and 343 disposed of. There were 139 cases pending at the beginning of the year and 144 cases still pending at the end of the year. Only two circuits had a larger number of cases filed therein during the last fiscal year. They were the second and the seventh.

The number of appeals per judge filed in the fifth circuit during the past fiscal year was 87, while the average per judge for the entire country was 65.

The fifth circuit is the most populous of all the circuits. According to the last decennial census (1930) the population of the States comprising the fifth circuit aggregated 16,956,000.

FIFTH CIRCUIT

The sixth judicial circuit includes the States of Ohio, Michigan, Kentucky, and Tennessee.

There are now four circuit judges in the sixth circuit. The volume of its business is almost as large as that of the fifth circuit, 331 cases having been filed during the past fiscal year; 261 cases were pending at the beginning of the year and 324 cases at the end of the year, while only 268 cases were idsposed of during the year. Approximately the same number of cases were filed in the sixth circuit as in the ninth circuit which has seven judges and more than in the third or eighth circuit, each of which has five judges.

The number of appeals per judge filed in the sixth circuit during the past fiscal year was 83, while the average per judge for the entire country was 65.

The number of judges in this circuit was three prior to 1928 and was increased to the present number by the act of May 8, 1928 (45 Stat. 492). Since the last increase in the number of judges for this circuit, the volume of business has grown

from 229 cases filed during the fiscal year ending June 30, 1928, to 331 cases during the last fiscal year, an increase of nearly 50 percent.

On July 29, 1937, the Judiciary Committee reported a separate bill (H. R. 6907) to provide for an additional circuit judge for the sixth circuit. The bill passed the House by unanimous consent on January 17, 1938, and is pending in the Senate. The committee filed a comprehensive report on H. R. 6907 which is reprinted here as a part of this report for the convenience of the House.

[H. Rept. No. 1390, 75th Cong., 1st sess.]

The Committee on the Judiciary, to whom was referred the bill (K. R. 6907) to provide for the appointment of one additional circuit judge for the sixth judicial circuit, after consideration, report the same favorably to the House with the recommendation that the bill do pass.

The sixth circuit embraces the States of Michigan, Ohio, Kentucky, and Tennessee, having an aggregate population of 17,182,000. The sixth circuit. now has 4 circuit judges, and 6 of the 10 circuits have more than 4 circuit judges each.

The following tabulated statement of cases in the United States Circuit Court of Appeals for the Sixth Circuit during the fiscal years from 1927 to 1936, inclusive, shows a steadily increasing volume of litigation in the circuit, with an annual carry-over that has corresponded closely to the number of cases pending at the beginning of each year, indicating that the present number of judges is not adequate to reduce the large number of causes appealed to the court.

The foregoing table was prepared prior to the end of the fiscal year closing June 30, 1937, and the following letter from J. W. Menzies, clerk of the court, shows the condition of the docket as of July 1, 1937:

Re H. R. 6907.

Hon. WALTER CHANDLER,

Member of Congress, Washington, D. C.

COVINGTON, KY., July 1, 1937.

MY DEAR MR. CHANDLER: Answering further yours of the 21st ultimo, I have to report that within the next day or two the annual report will be made to the Attorney General of business transacted in the United States Circuit Court of Appeals, Sixth Circuit, for the fiscal year 1937 and that report will show the following facts:

Of those cases pending, i. e., 324, 7 only are under submission at the court's adjournment and 317 cases on the docket for hearing at the adjournment.

Judge Mack sat with this court for only 4 days, April 6, 7, 8, and 9, but on several occasions district judges throughout the circuit were called in and sat with the court as follows:

Judge Hahn: October 6, 7, and 8.

Judge Ford: October 13, 14, and 15.

Judge Lederlee: November 4, 5, 6, and 7.

Judge Raymond: November 9, 10, 11, 12, and 13.

Judge Martin: May 4, 5, 6, 10, 11, 12, 13, and 14.

I believe the above will fully cover your inquiry but if there is any other information you may desire I will be more than glad to furnish same if possible.

Sincerely yours,

J. W. MENZIES, Clerk.

Therefore, the latest report shows a heavy increase in cases docketed during the fiscal year 1936-37, and pending at the close of the term. It is believed that, prior to the convening of the court of appeals at Cincinnati in October 1937, the cases docketed there for hearing will reach the unprecedented figure of 400, demonstrating an imperative need for an additional judge.

For a number of years, Circuit Judge Julian W. Mack, of New York, has been designated to sit in the second and the sixth circuits, but his work in the second circuit, where he resides, has prevented his sitting in the sixth circuit during the fiscal year just closed except 4 days during April 1937. Doubtless Judge Mack would not have been designated to sit in the sixth circuit if the need had not been present, and that his inability to serve there is additional evidence of the necessity for an additional judge.

The letter of Clerk Menzies shows the number of district judges who have been called to sit on the sixth circuit during the last 12 months. Obviously, the absence of a district judge from his own court delays the administration of justice in the nisi prius courts, and prevents the assignment of the district judges to other districts with crowded dockets whenever the dockets in their own districts are clear.

The following letter from the Attorney General of the United States to the chairman of the Judiciary Committee states the favorable attitude of the Department of Justice toward the bill.

Hon. HATTON W. SUMNERS,

Chairman, Committee on the Judiciary,

House of Representatives, Washington, D. C.

JUNE 2, 1937.

MY DEAR MR. CHAIRMAN: This acknowledges your request of May 14, 1937, for my views relative to the merits of a bill (H. R. 6907) to provide for the appointment of an additional circuit judge for the sixth circuit.

The sixth circuit comprises the States of Ohio, Michigan, Kentucky, and Tennessee. Prior to 1929 there were three circuit judges for the sixth circuit. In 1929 the number was augmented to four. During the past 7 years there has

been an increase in the volume of business handled by the Circuit Court of Appeals for the Sixth Circuit, as appears from the enclosed statistical table.

Six of the ten circuits have more than four judges each. The other four are the first, fifth, sixth, and tenth circuits. Each of these, with the exception of the fifth, handies a much smaller number of cases than that submitted to the Circuit Court of Appeals for the Sixth Circuit. This appears in detail from the enclosed comparative statistical table.

In view of the foregoing circumstances, the proposed increase in the judicial personnel for the sixth circuit appears to be well warranted, and I recommend the approval of the bill.

Sincerely yours,

HOMER S. CUMMINGS,

Attorney General.

With the docket in the United States Circuit Court of Appeals for the Sixth Circuit almost 18 months in arrears, and with a growing volume of litigation present and imininent, this bill should be enacted into law. If it is borne in mind that the circuit courts of appeals have come to be the courts of last resort in private litigations and in many cases involving public questions, it will be recognized that it is of the utmost importance that the United States circuit courts of appeals have a sufficient number of judges to make certain the most careful and thorough consideration by all of the members of the court of the cases presented for final determination.

Since the above report was written in July 1937, the Sixth Circuit Court of Appeals has fallen further behind with its docket, being now more than 2 years in arrears.

SEVENTH CIRCUIT

The seventh judicial circuit includes the States of Indiana, Illinois, and Wisconsin.

There are only four circuit judges in the circuit now.

In volume of business this is the second largest circuit, 351 cases having been filed during the past fiscal year. It is exceeded in volume only by the congested second circuit which has five judges and for which an additional position has also been recommended. The seventh circuit has a much larger volume of business than either the third or eighth circuits, each of which has five judges.

There has been no increase in the number of judges for this circuit for over 30 years. The act of March 3, 1905 (33 Stat. 992), increased the number of judges for this circuit from three to its present number. Since that time the number of cases docketed in this court has multiplied threefold, from 112 cases during the fiscal year ending June 30, 1905, to 351 cases filed during the last fiscal year.

The number of appeals per judge filed in the seventh circuit during the past fiscal year was 88, while the average per judge for the entire country was 65. The report of the Judicial Conference with reference to this circuit is as follows:

While the Circuit Court of Appeals for the Seventh Circuit has been able to dispose of its cases, it has been handicapped by the delay in filling vacancies, one of which still remains. The court has been compelled to rely upon the constant assistance of district judges. It is the sense of the conference that it should not be necessary for the court of appeals to call in district judges, except in some exigencies for a temporary period.

Even with the filling of the existing vacancy the Court of Appeals of the Seventh Circuit would still be lacking in a sufficient number of circuit judges to keep abreast of its work, and the appointment of an additional circuit judge is needed. Accordingly, the conference recommends that provisions be made for an additional circuit judge in the second, fifth, sixth, and seventh circuits, respectively.

The present judges of this court have expressed their opinion that an additional judge is needed in this court. One of the judges stated that the necessity of an additional judge in this court might not be required so much for the purpose of reducing the work which the present judges have to do, but rather that the judges might devote