because of the ruling of the Supreme Court holding invalid the applicable provisions of the Economy Act of 1933.

Some criminal cases have been pending in this district for several years due to the inability to secure trial dates. A mail-fraud case was set for trial a short time ago the first available date we could secure since I assumed office May 1, 1933-and we found that the case had been pending for 6 years; witnesses had died, and it was necessary to dismiss the case. We have just disposed of three other mail-fraud cases which had been pending 4 years.

It is neither fair to the defendants in criminal cases to have the shadow of an indictment handing over them for great lenths of time without either a conviction or a vindication, nor is it fair to the Government in the enforcement of the criminal laws to be compelled to go to trial with witnesses whose memories are certain to be affected by the great lapse of time occurring between the date of occurrence of the event and the date of trial. Many of the cases which are pending are intricate and involved and cannot be set for trial without an appropriate time available on the setting date.

Mail-fraud cases, of which there have been and are many, due to the cosmopolitan character of the population, take a great deal of time one of them 6 months to try. From your experience, you can see what that does to other cases of all classes.

At the commencement of the term of court, some time should be left available for jail cases (i. e., defendants who cannot make bond), but usually the calendars are set solid, and we have to depend on the chance of set-matters going off calendar to try the jail cases.

The congestion is by no means the result of lack of diligence on the part of the judges here. The wonder is that they ever get any submitted matters decided, because their chambers are open for ex parte matters every day from 9:30 to 10 a. m. and from 1:30 to 2 p. m., and they are on the bench uniformly every day 10 a. m. to 12 m., and from 2 to 5 p. m.

While the cases pending are less in number now than while the prohibition amendment was in force, the amount of time consumed on cases arising under the new acts of Congress has increased.

Respectfully,

TO THE HONORABLE FRANKLIN DELANO ROOSEVELT, PRESIDENT OF THE United STATES, AND To the Honorable Homer S. Cummings, Attorney GenERAL OF THE UNITED STATES:

Whereas, because of the pendency in the Federal Courts for the Southern Judicial District of California, of approximately 2,100 civil and criminal cases and 2,500 bankruptcy matters, as of January 1, 1935, an unprecedented congestion now exists in said Courts; and

Whereas, because of said congestion, it is usually impossible for the four judges of said district to hear and dispose of causes within less than 2 years after the filing dates thereof, and in many instances they have not been able to hear cases which have been pending for from 3 to 5 years; and

Whereas, in many criminal cases defendants have been waiting on bond for more than 2 years, and it has become necessary for the United States district attorney to give consideration to the dismissal of indictments because of excessive delays in procuring hearings thereon; and

Whereas, the litigants in said courts are being and for many years have been deprived of their constitutional rights to a prompt trial of their various controversies; and

Whereas, the aforesaid congestion and delays are directly responsible for great confusion and loss of time and money to litigants in said district, in many instances have been almost disastrous to various industrial concerns, have prevented the reasonable expansion and growth of business and are undermining and destroying the respect for and confidence in the Federal judiciary system.

Now, therefore, we, the undersigned, members of the bar of the State of California, residing and practicing in the said southern judicial district of said State, do hereby respectfully petition the Honorable Franklin Delano Roosevelt, President of the United States, and the Honorable Homer S. Cummings, Attorney General of the United States, to present this petition, with their recommendations, to the Congress for the immediate enactment of legislation whereby at least two additional district judges shall be provided for the said Southern Judicial District of California. О