APRIL 30 (calendar day, MAY 5), 1930.-Ordered to be printed

Mr. STEIWER, from the Committee on the Judiciary, submitted the

following

REPORT

[To accompany S. 3493]

The Committee on the Judiciary, to whom was referred the bill (S. 3493) to provide for the appointment of an additional circuit judge for the third judicial circuit, after full consideration reports the same favorably and recommends the passage of the bill without amendment. The committee incorporates as part of this report a communication written by Hon. Joseph Buffington, senior circuit judge, United States Circuit Court of Appeals for the Third Judicial Circuit, under date of March 17, 1930, to Congressman Graham, chairman of the House Judiciary Committee; excerpts from a letter addressed to Judge Buffington by Hon. Frank D. Dietrich, circuit judge, United States Circuit Court of Appeals for the Ninth Judicial Circuit, under date of March 27, 1930; and excerpts from a letter addressed to Senator Norris, chairman of the Senate Judiciary Committee by the Attorney General, under date of April 12, 1930.

Hon. GEORGE S. GRAHAM,
Chairman of the Judiciary Committee,

MARCH 17, 1930.

House of Representatives, Washington, D. C.

MY DEAR MR. GRAHAM: Pursuant to your suggestion that I ascertain the views of the different members of the judicial council as to the necessity for an additional judge in our circuit, I beg leave to say that I addressed such an inquiry to all of them. Without burdening you with their letters in detail, I give you these abstracts of their replies:

Judge Alschuler, of the seventh circuit, writes me: "I have no doubt a vote would be passed recommending to Congress the creation of this judgeship, and I can see no logical reason why, upon the same showing, Congress should not promptly pass a bill to that effect. As one of the senior circuit judges who has for several years attended the statutory judicial conferences at Washington, I have no hesitancy in recommending the passage of the bill, i trust this may be done at an early date."

Judge Walker, of the fifth circuit, writes: "It seems plain to me that within the last few years the business of the United States Circuit Court of Appeals for the Third Circuit has so increased as to call for an additional judge for that circuit."

Judge Lewis, the senior circuit judge of the tenth circuit, writes: "I notice from the Attorney General's annual reports a surprising increase in the number of cases appealed in your circuit over prior years. Going back five or six years, it seems that the business in that court was much less than would have been anticipated, and that now it is reaching a point commensurate with the population and great industries of your circuit. My present information about the matter leads me to recommend without hesitation that Congress provide an additional circuit judge in the third circuit."

Judge Manton, of the second circuit, writes: "I heartily approve the measure which has been introduced in Congress providing for a fourth circuit judge in the third circuit and you may freely express my views to the Judiciary Committee or the Attorney General if you desire."

Judge Stone, of the eighth circuit, writes: "It will be a pleasure to aid you in any way that I can in securing this help. If you think it advisable and will let me know when it should be done, I will write several of the Senators from this circuit as well as some of the Congressmen, in support of such a bill."

Judge Denison, of the sixth circuit, writes: "I have no doubt whatever that it is reasonably necessary, and I am glad to approve it without losing the time which would be involved in waiting until the next conference meeting.'

I have no word from Judge Bingham, of the first circuit, or from Judge Gilbert, of the ninth. I know the latter is in infirm health. Such is the case also with Judge Waddill of the fourth circuit. I, therefore, wrote to Judge Parker, the next in seniority in that circuit, who writes me: "Although I have not had an opportunity of acquiring knowledge of the work of the various circuits through attending the meetings of the judicial conference, I do know from experience that 343 cases per year is more work than a court of three judges should be called upon to handle, especially where the cases are of the complicated and troublesome character of those which generally come to the various circuit courts of appeals."

From the views of these gentlemen, I conclude that if the matter were postponed until fall, the judicial conference would pass a formal resolution, but in view of the foregoing expressions of opinion it seems to me it is not necessary to await such action. I therefore beg leave to confirm what I have already said to you, sir, and that is the desirability of having this act called to the attention of Congress as soon as possible.

Respectfully,

JOSEPH BUFFINGTON.

Hon. JOSEPH BUFFINGTON,

United States Circuit, Judge, Philadelphia, Pa.

MARCH 27, 1930.

MY DEAR JUDGE: Of course, I can not speak for Judge Gilbert, but if the expression will be of any value to you, I have to say that Judge Rudkin, Judge Wilbur, and I concur in the view that you ought to have the assistance of an additional judge, and we are aware of no reason why steps should not at once be taken to that end. We will be glad at any time to render you any assistance within our power.

Yours very cordially,

Hon. GEORGE W. NORRIS,

Chairman Committee on the Judiciary,

United States Senate, Washington, D. C.

FRANK D. DIETRICH.

APRIL 12, 1930.

DEAR MR. CHAIRMAN: Notice has been taken of the contents of the letter of March 17 from Judge Buffington, addressed to Chairman Graham, from which it appears that all of the members of the conference of senior circuit judges who have expressed opinion thereon have recommended the legislation in question, and I therefore am happy to advise that the enactment of this bill has my approval.

Respectfully,

71ST CONGRESS 2d Session

}

SENATE

{

REPORT No. 610

TRANSFERRING CERTAIN FUNCTIONS IN THE ADMINISTRATION OF THE NATIONAL PROHIBITION ACT TO THE DEPARTMENT OF JUSTICE

APRIL 30 (calendar day, MAY 5), 1930.-Ordered to be printed

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

REPORT

[To accompany H. R. 8574]

The Committee on the Judiciary, to which was referred the bill (H. R. 8574) to transfer to the Attorney General certain functions in the administration of the national prohibition act, to create a Bureau of Prohibition in the Department of Justice, and for other purposes, having considered the same, reports thereon with the recommendation that it be passed with the following amendments:

Page 2, line 21, insert after the numeral "3" the following:

(a) The Secretary of the Treasury and the Attorney General by joint regulation shall, as soon as may be after the passage and approval of this act, create an enforcement division in the Bureau of Prohibition in the Treasury Department and place in and apportion to such enforcement division so much of the personnel, appropriations, records, files, and property of said bureau as they shall agree

upon.

Page 2, line 21, strike out the letter "(a)" and insert the letter "(b)."

Page 3, line 6, strike out the letter "(b)" and insert the letter

"(c).

Page 3, line 13, strike out the letter "(c)" and insert the letter

"(d).","

Page 3, line 22, strike out the word "thereof" and the semicolon following it and add after the word "provisions" the words "of such act and laws;".

Page 3, line 24, strike out the semicolon following the word "act" and insert a comma and the words "and offenders against the internal revenue laws if a violation of such act is involved".

Page 4, line 18, insert after the word "therewith" a comma and the following words "and the power to make seizures and arrests for violations discovered in the course of such investigations.".

Page 5, line 3, insert after the word "act" the words "and offenders against the internal revenue laws if a violation of such act is involved,".

Page 7, insert after line 20, the following:

SEC. 9. Section 2 of the act entitled, "An act relating to the use or disposal of vessels or vehicles forfeited to the United States for violation of the customs laws or the national prohibition act, and for other purposes," approved March 3, 1925, is amended to read as follows:

"SEC. 2. Any vessel or vehicle forfeited to the United States by a decree of any court may, in lieu of the sale thereof under existing law, be ordered by the court, upon application of the head of the department by which the seizure is made, to be delivered to the Department of Justice for use in the enforcement of the national prohibition act, or to the Treasury Department for use in the enforcement of such act or the customs laws."

Page 7, line 21, strike out the numeral "9" and insert the numeral "10".

Page 8, line 1, strike out the numeral "10" and insert the numeral "11".

Page 8 strike out all of line 2 and insert in lieu thereof the following: "July, 1930".

The insertion of paragraph (a) of section 3 is for the purpose of authorizing the creation in the Bureau of Prohibition in the Treasury Department of a division to be known as the enforcement division which may be thereafter treated as a unit for transfer purposes. That paragraph will give each department a voice in the allocation of personnel, property, and appropriations to the enforcement activities to be transferred to the Department of Justice on the one hand and to the permissive activities which will remain in the Treasury Department on the other.

The amendments, down to line 18 on page 4, are in the nature of perfecting amendments. The inserted words are for the purpose of clearing up possible indefiniteness.

The insertion on line 18, page 4, is for the purpose of making clear that, should an inspector or other employee of the Secretary of the Treasury engaged in permissive work discover a violation of law, he would have the power to make an arrest and seizure for violations discovered by him in the course of his work.

The insertion of section 9 is in order to make it clear that vessels and vehicles seized by prohibition enforcement agents and forfeited to the United States may be turned over to the Department of Justice for use in the enforcement of the prohibition laws, and those seized by Treasury Department agents to that department for use in the enforcement of the customs laws and the permissive features of the national prohibition act.

The effective date of the act has been changed to July 1, 1930. The commencement of the fiscal year is the most appropriate time to make the separation and effect the transfer.

The bill as proposed to be amended is as follows:

[H. R. 8574, Seventy-first Congress, second session]

AN ACT To transfer to the Attorney General certain functions in the administration of the national prohibition act, to create a bureau of prohibition in the Department of Justice, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this act may be cited as the "Prohibition reorganization act of 1930."

SEC. 2. (a) There shall be in the Department of Justice a bureau of prohibition, at the head of which shall be a director of prohibition. The director of prohibition shall be appointed by the Attorney General, without regard to the civil service laws, and shall receive a salary at the rate of $9,000 per annum.

(b) The Attorney General is authorized to appoint, without regard to the civil service laws, an Assistant Director of Prohibition and such attorneys as he deems necessary and in accordance with the competitive provisions of the civil service laws, such other officers and employees as he deems necessary. The salaries of the assistant director and of al such attorneys, officers, and employees shall be fixed in accordance with the Classification Act of 1923, as amended (U. S. C., title 5, c. 13; U. S. C. Supp. III, title 5, c. 13).

(c) The Attorney General is authorized to designate any officer or employee of the Department of Justice to act as Director of Prohibition during the absence or disability of the Director of Prohibition, or in the event that there is no Director of Prohibition.

(d) The personnel of the Bureau of Prohibition shall perform such duties, in the District of Columbia or elsewhere, as the Attorney General shall prescribe. SEC. 3 (a) The Secretary of the Treasury and the Attorney General by joint regulation shall, as soon as may be after the passage and approval of this act, create an enforcement division in the Bureau of Prohibition in the Treasury Department, and place in and apportion to such enforcement division so much of the personnel appropriations, records, files, and property of said bureau as they shall agree upon. [SEC. 3. (a) (b) All attorneys, officers, and employees of the enforcement division of the Bureau of Prohibition in the Treasury Department are hereby transferred, without change in classification or compensation, to the Bureau of Prohibition in the Department of Justice, but such attorneys shall not be subject to the provisions of the civil service laws: Provided, That all officers and employees of the Bureau of Prohibition who the Attorney General finds have heretofore violated or shall hereafter violate any penal provisions of the Federal prohibition laws shall be dismissed.

[(b)] (c) All records, files, and property (including office equipment) of the enforcement division of the Bureau of Prohibition, and the portion of the unexpended appropriations for the Bureau of Prohibition in the Treasury Department apportioned for the use of such enforcement division, are transferred to the Bureau of Prohibition in the Department of Justice.

[c](d) Appropriations transferred by this act shall be available for expenditure by the bureau to which they are transferred as if such bureau had been named in the act making the appropriations.

SEC. 4. (a) The following duties are imposed upon the Attorney General: (1) The investigation of violations of the national prohibition act, and violations of the internal revenue laws if a violation of such act is involved, for the purpose of enforcing the penal provisions [thereof;] of such act and laws.

(2) The apprehension and prosecution of offenders against such [act;] act, and offenders against the internal revenue laws if a violation of such act is involved. (3) The making of all seizures and enforcement of all forfeitures under such act, or under the internal revenue laws if a violation of such act is involved; and the remission or mitigation under section 709 of the revenue act of 1928 (U. S. C., Supp. III, title 26, sec. 2709), of any such forfeiture under the internal revenue laws; and

(4) The determination of liability for internal revenue taxes and penalties if a violation of the national prohibition act is involved, and the institution of suits upon, and compromise (before or after suit is brought) of, any cause of action under such act or under the internal revenue laws if a violation of such act is involved; but all assessments and collections shall be made under the direction of the Secretary of the Treasury, in accordance with existing law.

(b) The duty to make all investigations necessary in or incidental to administrative action with respect to permits and bonds given in connection therewith and the power to make seizures and arrests for violations discovered in the course of such investigations shall remain with the Secretary of the Treasury, but the Attorney General shall make such investigations as he deems necessary to prevent violations of, or for the purpose of enforcing the penal provisions of, the national prohibition act.

(c) The power under section 34 of Title II of the national prohibition act (United States Code, title 27, section 51) to require copies of records and reports, the power to inspect records and reports kept or filed under the provisions of such act, the power to swear out warrants for offenders against such act, and offenders against the internal revenue laws if a violation of such act is involved, and