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3. Criminal matters.—These embrace all actions in criminal law except tax, internal security, antitrust, and civil rights matters.
4. Claims, customs, and general civil matters. The prosecution or defense of civil suits and claims of the Government, except tax, land, civil rights, and alien property matters are handled by this activity.
5. Land matters.—These include all civil suits and matters relating to title, possession, and use of Federal land and natural resources, including civil litigation involving Indians and Indian affairs in which the United States is interested.
6. Legal opinions.-Opinions are prepared for the President and executive agencies, and proposed Executive orders and proclamations are reviewed as to form and legality.
7. Internal security matters.—This involves litigation and related matters concerning the internal security of the United States.
8. Civil rights matters.—Cases and matters involving the civil rights of persons within the jurisdiction of the United States are covered by this function.
Mr. ROONEY. They indicate that the total request for "Salaries and expenses, general legal activities," is in the amount of $15,120,200, which would be an increase of $1,745,000 over the amount appropriated to date for the current fiscal year, and an increase of $945,000 when anticipated pay act supplementals are considered.
The breakdown among the eight items that make up "Salaries and expenses, general legal activities," is to be found at page 8 of the blue-covered 1962 budget summary.
TUESDAY, FEBRUARY 28, 1961.
OFFICE OF THE SOLICITOR GENERAL
ARCHIBALD COX, SOLICITOR GENERAL
REQUESTED INCREASE FOR 1962
Mr. ROONEY. The first is for the Office of the Solicitor General. The request is in the amount of $428,000, which would be an increase of $4,000 over the amount appropriated for this Office in the current fiscal year. The details with regard thereto are to be found under tab 12 of the justifications, and we shall at this point insert pages 12–1 through 124 of the justifications.
(The pages referred to follow :)
Office of the Solicitor General Appropriation, 1961.
$424, 000 Estimate, 1962_
428, 000 Increase--
4,000 Under the direction of the Attorney General, the Solicitor General has special charge of the business of, and appears for and represents, the Government in the Supreme Court. When requested by the Attorney General, the Solicitor General may conduct and argue any case in any court of the United States in which the United States is interested, or may attend to the interests of the Government in any State court or elsewhere, conferring with and directing the activities of the Federal law officers throughout the country when the occasion so requires. No appeal is taken by the United States to any appellate court without the authorization of the Solicitor General.
It is estimated that $428,000 will be needed for the operation of this Office during the fiscal year 1962. The increase of $4,000 is required to meet mandatory provisions of the statutes regulating employee benefits, and to cover anticipated higher costs for printing in 1962. The details are as follows: Cost of statutory provisions : Within-grade promotions (Ramspeck Act).
$2, 200 Credit-1 less compensable day in 1962_
Anticipated further increase in printing requirements-
It is expected that the work of this Office will remain fairly constant in 1961 and 1962 and that the present staff will be able to keep it current.
The small increase requested is needed to meet the cost of additional salary increments under the Ramspeck Act in 1962 and the constantly increasing cost of printing due to higher prices and greater volume of material to be printed.
Mr. ANDRETTA. Mr. Chairman, may I introduce the new Solicitor General, Mr. Cox.
Mr. Rooney. It is very nice to meet you, Mr. Cox.
Since this is the first time we have had the pleasure of making your acquaintance, it might be well if you gave us a brief biographical background.
BIOGRAPHICAL BACKGROUND OF THE SOLICITOR GENERAL
Mr. Cox. I was born in 1912 in Plainfield, N.J. I grew up there. I went to Harvard College, where I graduated in the class of 1934; and to Harvard Law School, where I graduated in 1937.
During the next year I was law clerk to Judge Learned Hand in New York, in the second circuit. Then I went into the general practice of the law with one of the largest Boston law firms.
In 1941, in the spring, I came to Washington with what was then the National Defense Mediation Board, which later became the War Labor Board. Very late in 1941 I went to work as an attorney in the office of the Solicitor General. Charles Fahy was Solicitor General then. I was there through two Supreme Court terms. After a short tour in the State Department, I became associate solicitor in the Labor Department; and from late in 1943 until sometime in 1945, I was associate solicitor of Labor.
In 1945, I went back to the firm I was with in Boston at the end of the war, expecting it to be for life, but 3 weeks later I became a professor of law at the Harvard Law School. For the 15 years from 1945 until this January I taught as a professor at Harvard Law School. During that time I engaged in a number of extracurricular activities. My chief interest was in the field of labor-management relations law. In 1952 President Truman appointed me Chairman of the Wage Stabilization Board. I served on quite a few occasions as arbitrator in little disputes in New England and occasionally in nationwide wage arbitrations on the railroads. During 1958 and 1959, I acted as a personal adviser to Senator Kennedy in connection with the labor reform bill, and for some of the members of the House Labor Committee when the bill came over here.
That brings me up to the campaign, when I came to Washington.
Mr. Rooney. Campaign? What campaign? Mr. Cox. The presidential campaign in the fall of 1960, when I was with Senator Kennedy; and then at the end of the year when the new administration came in, he asked me to take my present position.
Mr. ROONEY. That is certainly quite an interesting and varied background. Undoubtedly it is one which well qualifies you for the office of Solicitor General.
Mr. Cox. Thank you.
COST AND WORKLOAD IN THE OFFICE OF SOLICITOR GENERAL
Mr. Rooney. Have you any suggestions as to how you can cut down the cost of this office since the workload is going down?
Mr. Cox. I think the workload has changed relatively little, as I understand it, in the last few years. In the time I have been in there, I have not seen any reason to disagree with the proposals made by Mr. Rankin or the justification he submitted.
Mr. ROONEY. This increase of $4,000 is made up of two items, $1,300 for within-grade promotions less credit for one less compensable day in 1962, and $2,700 for “anticipated further increase in printing requirements."
Mr. Cox. That is correct.
Mr. Rooney. How much was spent for printing in fiscal year 1960 ?
Mr. Brown. $152,636. Mr. Chairman, during the first 6 months of this year it has gone up 31 percent over the same period of last year. It is $85,985 this fiscal year, for 6 months, as against $65,648 last year.
Mr. Bow. Why did it go up?
Mr. ANDRETTA. The GPO keeps raising the rates, and for expedited copy their rates are very high. We have to make last-minute changes for briefs which are to go to the Supreme Court. It is expensive. Generally speaking, the increase is due to the increase in the number of pages.
Mr. Bow. I imagine you have had a number of expedited cases.
TUESDAY, FEBRUARY 28, 1961.
L. F. OBERDORFER, ASSISTANT ATTORNEY GENERAL
Mr. Rooney. The last item to which we will direct our attention this afternoon is the second of the items under "Salaries and expenses, general legal activities.” This is a requested appropriation for the Tax Division of the Attorney General's Office. The justifications therefor are to be found under tab 13 of the justification book. We shall insert at this point in the record pages 13–1 through 13–35 of these justifications.
(The pages referred to follow :)
$2, 682, 500 Estimate for 1962..
3,028, 000 Increase..
345, 500 The Tax Division under the direction of an Assistant Attorney General has the responsibility of representing the United States and its officers in civil and criminal litigation arising under the internal revenue laws pending in all Federal and State courts, except the Tax Court of the United States.
The Division's duties in civil tax litigation include (1) the preparation and trial of cases in the U.S. district courts, the U.S. Court of Claims, and State courts; (2) the preparation of briefs and the conduct of oral arguments in the U.S. courts of appeals, including appeals from decisions of the Tax Court, and in State appellate courts; and (3) the preparation of petitions for certiorari and briefs and the conduct of oral arguments in the Supreme Court of the United States on assignment by, and under the supervision of, the Solicitor General. The Division exercises compromise and settlement functions with respect to civil tax litigation. It has jurisdiction over questions of intergovernmental tax immunity, whether arising by reason of an attempt by a State to im se a tax upon the exercise of the Federal power or by reason of resistance on the part of a State to the imposition of a Federal tax.
The Division's responsibilities in criminal offenses under the revenue laws include the control and supervision of the institution of criminal proceedings and collaboration with U.S. attorneys in the conduct of such proceedings in the trial and appellate courts. Excluded from its jurisdiction are liquor and narcotic tax matters and offenses under the Wagering Tax Act.
AMOUNTS REQUESTED The Tax Division will require $3,028,000 to meet its needs in 1962. This is an increase of $345,500 over the amount available for 1961 and provides for salaries and related costs of the present staff and of 34 additional employees, as well as costs of new statutory provisions relating to Government personnel.