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(The statement referred to is as follows:)

STATEMENT During thê court year, from October 3, 1949, to September 29, 1950, the court disposed of 417 cases, the total amount claimed being $1,119,726,721. Of these cases the court rendered judgments for plaintiffs in the sum of $59,883,862, a number of the judgments being based on settlements between the parties. The clerk has reported to the Congress the business of the court for the above period, showing the names of the plaintiffs, the amounts involved, and the nature or type of the cases.

On September 29, 1950, there were 5,005 cases pending, and they are classified as follows: Army and Navy

1, 115 Congressional

15 Contract..

429 Departmental

2 Indian..

21 Miscellanecus.

236 Overtime pay (GPO employees)

614 Overtime pay (customs officers).

165 Overtime pay (Alaska Railroad)

490 Overtime pay (immigration officers)

738 Overtime pay (Panama Canal employees).

380 Patent

46 Property requisitioned.

322 Тах...

234 Transportation of property

195 Appeals--

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Total...

5, 005

New cases filedOct. 3, 1949, to Sept. 29, 1950
Army and Navy
Congressional
Contract..
Indian
Miscellaneous.
Overtime pay (customs officers)
Overtime pay (immigration) -
Overtime pay (Panama Canal).
Patent..
Property requisitioned.
Tax.---
Transportation of property
Appeals.

i III

1, 013

8 139

1 141

3 611

4 13 50 106 90 2

Total..

2, 181 Upon the filing of a new case it is referred to a commissioner of this court for the purpose of taking proof and making a report of the facts to the court. After a petition has been filed the Government has 40 days within which to reply, either by a general traverse or a special answer. If a special answer, such as a motion to dismiss for lack of jurisdiction, or demurrer, is filed the case is argued and submitted to the court on the legal question only. Should the court hold in favor of the defendant the case is immediately dismissed, but should the court hold in favor of the plaintiff the commissioner arranges for an expeditious trial of the facts.

Of the total number of cases pending, 5,005, there were 2,387 class cases pending, in which only the test cases will be tried. The other class cases will be disposed of administratively if the test case is decided in favor of plaintiff. In practically all of the other 2,618 cases testimony is to be taken by the commissioners of this court.

80513-51-pt. 1-24

Record of Court of Claims cases in the Supreme Court
Petition for certiorari pending July 1, 1949.
Petitions for certiorari filed during the fiscal year ended June 30, 1950....

12 31

Total.--

43

Petitions for certiorari denied..
Petitions for certiorari granted and affirmed..
Petitions for certiorari granted, reversed, and remanded.
Petition for certiorari granted, decision not yet rendered.
Petitions for certiorari filed but not acted upon...

21 7 7 1 7

Total..
Records delivered to attorneys but not filed.--

43 5

REPAIRS AND IMPROVEMENTS, DISTRICT COURT OF THE UNITED

STATES FOR THE DISTRICT OF COLUMBIA

STATEMENT OF DAVID LYNN, ARCHITECT OF THE CAPITOL,

ACCOMPANIED BY CHARLES A. HENLOCK, ADMINISTRATIVE OFFICER

JUSTIFICATION

Senator McCARRAN. The item of "Repairs and improvements, District Court of the United States for the District of Columbia,'' will be considered next. I will ask that there be inserted in the record at this point page 155 of the justifications.

(The page referred to is as follows:)

REPAIRS AND IMPROVEMENTS, DISTRICT COURT OF THE UNITED STATES FOR THE

DISTRICT OF COLUMBIA

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Senator McCARRAN. I note that you are asking for an appropriation of $15,600; an increase of $8,500. This increase is to take care of interior painting of the building. When was the inside of the building last painted? I wonder whether this item could be postponed until next year?

Mr. LYNN. The painting was done 3 or 4 years ago. When I appeared before the House committee, the committee felt that it would be advisable to defer that item, because the court will probably move to the new court building next year.

Senator McCARRAN. So you are not pressing this, then?
Mr. LYNN. No, sir.
Senator McCARRAN. All right. What else is there?

Mr. HENLOCK. There is an amount of $5,900 for the structural and mechanical care of the building, and $1,200 for the maintenance of the air-conditioning equipment.

Senator McCARRAN. Now you are requesting an appropriation of $3,700, which is a reduction of $2,500.

Mr. HENLOCK. That is for the court of appeals.

Senator McCARRAN. That is a reduction under your current-year appropriation.

Mr. HENLOCK. Yes, Senator.
Senator McCARRAN. Is that the item you are referring to?

Mr. HENLOCK. No, sir. You were speaking first of the District Courthouse, where the increase is $8,500 for painting. I thought you were asking what made up the balance of the District of Columbia Courthouse estimate of $15,600.

Senator McCARRAN. Yes.

Mr. HENLOCK. It is simply for the physical care of the building and the maintenance of the mechanical equipment.

Senator McCARRAN. Do you have a staff there?
Mr. HENLOCK. We have no maintenance staff.
Senator McCARRAN. No maintenance staff?
Mr. HENLOCK. No, sir.
Senator McCARRAN. How is the building taken care of?

Mr. HENLOCK. We have Mr. Lynn's own engineering force here at the Capitol, which has general supervision over the maintenance of the equipment. The court has the operating personnel.

Mr. Lynn. We just send our engineers there, as required. For example, if an elevator goes out of commission, we send our elevator engineer from the Capitol over there to take care of it.

Senator McCARRAN. Now, you want $15,600, which is an increase of $8,500.

Mr. HENLOCK. Mr. Lynn has just spoken of the painting item of $8,500. That has just been explained.

Senator McCARRAN. And you think that can be deferred?
Mr. LYNN. Yes, sir.

Senator McCARRAN. What is the balance to be used for? Mr. HENLOCK. $5,900 is for structural care of the building and its mechanical equipment. $1,200 is for maintenance of the air-conditioning system.

Senator McCARRAN. All right, Tank you.

REPAIRS AND IMPROVEMENTS, UNITED STATES COURT OF APPEALS,

DISTRICT OF COLUMBIA

JUSTIFICATION

Senator McCARRAN. For the United States Court of Appeals, District of Columbia, you are requesting an appropriation of $3,700, a reduction of $2,500.

Mr. HENLOCK. That is due to the omission of the painting allotment allowed for that building last year.

I will ask to have inserted page 160 of the justifications at this point. (The material referred to is as follows:) REPAIRS AND IMPROVEMENTS, U. S. Court of APPEALS FOR THE DISTRICT OF

COLUMBIA
Statement showing analysis by objects

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Senator McCARRAN. Now, what are the items upon which you justify that request?

Mr. HENLOCK. We are asking for $2,700 for the structural and mechanical care of the building and its mechanical equipment, and $1,000 for maintenance of the air-conditioning system.

Senator McCARRAN. Have you any personnel there?
Mr. HENLOCK. No, Senator.
Senator McCARRAN. Is that done by Mr. Lynn's staff?
Mr. HENLOCK. Yes, sir.

Senator McCARRAN. Well, now, do they get any extra pay for that work, or is that done just as a regular part of their duties?

Mr. HENLOCK. That is a regular part of their duties.

Senator McCARRAN. And they get no additional pay for the work on these other buildings?

Mr. HENLOCK. No, sir. Those are the only other items that appear for this item.

Senator McCARRAN. All right; thank you.
Mr. HENLOCK. Thank you, sir.

SALARIES, JUSTICES AND JUDGES, TERRITORY OF HAWAII

STATEMENT OF HENRY P. CHANDLER, DIRECTOR, ADMINISTRA

TIVE OFFICE, UNITED STATES COURTS, ACCOMPANIED BY ELMORE WHITEHURST, ASSISTANT DIRECTOR; HON. JOHN BIGGS, JR., CHIEF JUDGE, UNITED STATES COURT OF APPEALS, THIRD CIRCUIT ; HON. WILLIAM DENMAN, CHIEF JUDGE, UNITED STATES COURT OF APPEALS, NINTH CIRCUIT; HON. ALBERT B. MARIS, JUDGE, UNITED STATES COURT OF APPEALS, THIRD CIRCUIT; AND JOHN C. BROWN, BUDGET AND ACCOUNTING OFFICER

JUSTIFICATION

Senator McCARRAN. The budget estimate for "Salaries, justices and judges, Territory of Hawaii" for next year is in the amount of $117,000, which is an increase of $10,500.

Page 66 of the justification will be inserted into the record at this point.

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Senator McCARRAN. Will you give us your reasons for requesting this additional item, please?

Mr. CHANDLER. That is due to the fact, sir, that the Chief Justice of the Supreme Court, who has become entitled to retirement, at full pay, has retired. In addition to the salaries of the active judges of the Supreme Court, there is payable the salary of the retired Chief Justice, which is $10,500.

Senator McCARRAN. Has his place been filled?

Mr. CHANDLER. It has not been filled, sir. There is a vacancy, but naturally we expect that it will be filled before the 1st of July. At any rate, we thought that we should, in prudence, provide for that cost.

Senator McCARRAN. Is his retirement fixed by law?
Mr. CHANDLER. Yes; that is right.
Senator McCARRAN. And he retires at full pay?
Mr. CHANDLER. He does retire at full pay.
Senator McCARRAN. Upon arriving at what age?

Mr. CHANDLER. Upon arriving at the age of 70 years and having served a specified number of years. He does not retire under the Retirement Act, which pertains to judges who have lifetime tenure, but under a retirement act which relates to the retirement of judges of Hawaii.

Senator McCARRAN. Are those judges appointed for a period of years? They are not appointed for life, are they?

Mr. CHANDLER. That is right.

Senator McCARRAN. After they have served a certain period of time and have attained a certain age, they may retire?

Mr. ChanDLER. I think that to receive a full annuity, they have to have served 16 years.

Senator McCARRAN. They are appointed for 6 years, are they not?

Mr. BROWN. Some are appointed for 4 years and others are appointed for 6 years.

Mr. CHANDLER. I think that for Hawaii the term of the district judges is 6 years.

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