in the proper form of order. His greatest skill is probably required when the judge is hearing motions and making decisions, which in the course of one session of the court may amount to many decisions. He translates those oral decisions or memoranda of the judge into the appropriate forms of orders. Senator MCCARRAN. Yes, but he has a court reporter there, in case he needs help. Mr. CHANDLER. He has a court reporter, who takes down the proceedings, but the court reporter is not required to be a lawyer, and usually is not a lawyer. Senator MCCARRAN. I know that, but he has the court reporter there and he has the court reporter's notes to fall back on. Mr. CHANDLER. But a busy judge, Mr. Chairman, particularly in hearing a motion calendar, will dispose of a good many matters in the course of a morning. He does not stop to spell out the order. He may indicate motion allowed or motion denied and the clerk in this type of arrangement is expected to put those decisions into the proper language. The clerk prepares default judgments, he prepares judgments on verdicts. He sees to their entry. He attends to the juries. He assesses the costs. This kind of a clerk answers many questions of lawyers with reference to the proper mode of procedure." Senator MCCARRAN. Now, you are asking for an increase for that class of clerks? Mr. CHANDLER. We are asking, sir, for $56,000 to provide for an increase in the classification of clerks of that kind and for increases in other positions in the clerks' offices which, in equity, should be reclassified to conform, if this change is made. We believe that the sum of $56,000 will be sufficient to cover all. Senator MCCARRAN. Now, Mr. Chandler, let me say to you that we are confronted here with a situation that is most perplexing and trying at this time. Mr. CHANDLER. I know that you are. Senator MCCARRAN. These clerks, as a rule, have a lifetime job, do they not? Mr. CHANDLER. They do. Senator MCCARRAN. They may be removed, but as a rule they serve for a long period? They serve as long as the judge lives, in many cases, and they have stability in their jobs. Now, you are coming in and asking for an increase at this time; when we are carrying $257,000,000,000 in indebtedness and when we are trying to curtail at every angle. I want to say to you, frankly, that I do not look with too much favor on this request, and I do not think the committee will, either. Mr. CHANDLER. Mr. Chairman, I recognize the responsibility of the committee. As the representative of the Conference, I can only put before you the recommendations they have made and the basis for them. Senator MCCARRAN. That is all right; we understand. Judge BIGGS. May I say one thing? Senator MCCARRAN. Yes; certainly. Judge BIGGS. I will be very brief. Senator MCCARRAN. I am very sorry to have been so abrupt about that. Judge BIGGS. That is quite all right, Mr. Chairman. We made this recommendation to the Conference, and it was adopted. That recommendation was to put these salaries of the senior courtroom deputy or minute clerks at the salary grade of GS-8, $4,200 a year. In doing so we were not unaware of the situation that faces the Congress and that faces the country. These men do carry a considerable load of responsibilities. They, in fact, write the minutes and the minute orders, in the minute book of these respective courts. They have been doing that and this group of men would probably not amount to 90-in some instances, for as many as 6 or 7 years. It was felt particularly by the district judges on the Personnel Committee, but also by all of us, that they should have some recognition, to this extent. There would be increases which would range in their present positions from $125 a clerk to $1,325. Most of the increases would be in the smaller amounts, but they would give these persons the recognition which we felt, and which the Conference felt, was needed. Senator MCCARRAN. I have not any doubt about that, and I am sympathetic with your idea. I think it is entirely correct, but I am afraid of the timing; that is all. Mr. CHANDLER. Mr. Chairman, there is just one item of fact that I would like to give, so that it will be in the record. Senator MCCARRAN. All right. Mr. CHANDLER. One circumstance that influenced the committee is the fact that the Civil Service Commission classified the enrolling clerks in the municipal court of the District of Columbia who had very similar functions about 2 years ago, in January of 1949, in the grade of GS-8. Judge BIGGS. That was one of the factors that led us to this conclusion. PROBATION SYSTEM-UNITED STATES COURTS JUSTIFICATION Senator MCCARRAN. For the probation system, United States Courts, you are requesting $2,198,700, an increase of $53,700 over the current fiscal year. I will insert page 82 of the justifications in the record at this point. (The material referred to is as follows:) Statement relating appropriation estimate to current appropriation WITHIN-GRADE PROMOTIONS Senator MCCARRAN. I notice that this increase is to take care of within-grade promotions. I wonder if we took about a 10-percent cut here, whether the system would not work about as well? Mr. CHANDLER. Mr. Chairman, the Probation Service that you get is about as good as the personnel you provide for it. I would earnestly urge that the appropriation for the Probation Service not be reduced. Senator MCCARRAN. That takes care of only the within-grade promotions? Mr. CHANDLER. All that we are asking for is the money for the within-grade promotions and for the extra day. Senator MCCARRAN. And that is provided for by law? Mr. CHANDLER. That is right, sir. Senator MCCARRAN. The extra day kind of disturbs me, but then it is all right-we have to deal with it. Mr. HODGES. The uniform calendar that we are trying to get out may do away with that. SALARIES OF CRIERS, UNITED STATES COURTS JUSTIFICATION Senator MCCARRAN. Salaries of criers, United States courts, is the next appropriation. I will insert page 89 of the justification in the record at this point. (The material referred to is as follows:) SALARIES OF CRIERS, UNITED STATES COURTS Statement relating appropriation estimate to current appropriation Senator MCCARRAN. You are requesting an appropriation of $542,300, an increase of $22,300 in the appropriation for salaries of criers, United States courts. How many criers do you expect to employ, and what will their salary range be? May I ask first whether each court is now employing a crier? Senator MCCARRAN. About what percentage of them have criers? Mr. BROWN. At the present we have 167 criers, and I think there are some 230 courts entitled to have criers. Senator MCCARRAN. Let me see if my observation is at all correct: That is, that where there are no criers, you utilize a United States deputy marshal? Mr. BROWN. That is right. Senator MCCARRAN. If I am not mistaken, that cost is greater than if the court had a crier? Mr. CHANDLER. That is right, sir. Senator MCCARRAN. Am I right in that? Mr. CHANDLER. That is right. Senator MCCARRAN. That would be my observation. Now, will you state what this increase of $22,300 is for? Mr. CHANDLER. That is for within-grade promotions to the extent of $12,700. The cost of the extra day is $975, and the cost of criers for three new judges, the judge in Guam and the two judges for the northern district of Illinois, makes up the difference. The judge in Guam is already functioning and has appointed a crier. Senator MCCARRAN. He has appointed a crier? Mr. CHANDLER. Yes, sir. Senator MCCARRAN. All right. What else do you have to say? Mr. CHANDLER. The vacancies in the northern Illinois district have not yet been filled. Senator MCCARRAN. There is nothing in this $22,300 that is not provided for by law? Mr. CHANDLER. That is right. FEES OF COMMISSIONERS, UNITED STATES COURTS Senator MCCARRAN. The fees of commissioners, United States courts, the budget estimate is in the amount of $543,000 an increase of $68,000 over the current fiscal year. I will insert page 94 of the justifications in the record at this point. (The material referred to is as follows:) Statement relating appropriation estimate to current appropriation FEES OF COMMISSIONERS, UNITED STATES COURTS Senator MCCARRAN. Will you give us your reasons for this request? Mr. CHANDLER. The reason for the request is the increase in the number of criminal cases. While I stated that the weight of the criminal business in the district courts was not going up, I also referred to the very large number of cases of illegal entry. The total number of cases with which commissioners are concerned is going up. The best estimate that we can make of our obligations for fees of commissioners for the current year, an estimate as of January 31, 1931, is $529,000. We are asking for 1952 only $543,000. The item, Mr. Chairman, you will recognize, is uncontrollable by anything that we can do. Senator MCCARRAN. They are paid on a fee system, are they not? Mr. CHANDLER. They are paid by fees, and they receive fees only in cases in which they act. They are entitled by law to be paid. Now, what we are trying to do is to make the best estimate we can, and we are putting it at $543,000. Senator MCCARRAN. What is it for this current year? Mr. BROWN. We have $475,000 this year, Mr. Chairman, but we will need a deficiency this year. DEFICIENCY REQUEST FOR 1950 Mr. CHANDLER. We have already made application for a deficiency for 1950 which is now pending before the House. Mr. BROWN. Our costs are about 61⁄2 percent greater than they were last year up to the present time. Senator MCCARRAN. Why is that? Mr. BROWN. It is due to the increase in business, and the number of defendants being brought before commissioners. Senator MCCARRAN. Now, is part of this fund used in connection with the cases that grow out of the Mexican border situation? Mr. BROWN. It is, sir. LIMITATION ON COMMISSIONERS' EARNINGS Mr. CHANDLER. And the earnings of the commissioners in those districts are high. But I am very glad to say to you that a law was passed, on the recommendation of the Judicial Conference, to revise the whole system of fees of commissioners, in 1946. A limit was set on the amount which a commissioner may earn in any one year. Senator MCCARRAN. What is that limit? Mr. CHANDLER. That limit is around $9,600. Senator McCARRAN. $9,600? Mr. CHANDLER. Yes, Mr. Chairman. A commissioner, to earn that, gives a very large amount of his time. MEXICAN BORDER PROBLEM Senator MCCARRAN. I would think he would. Now, is there any intimation of a racket in this Mexican border situation? Mr. CHANDLER. Well, Senator, you are from Nevada and you probably know more about that than I do. I do know that Mexicans are continually coming in; that laborers from Mexico are coming over the border and entering illegally, getting in across the Rio Grande River and elsewhere in one way or another, and then have to be sent back. Senator MCCARRAN. That is common practice down there. They harvest on one side of the river and then they harvest on the other. They either swim across or wade across or get across in some way or |