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ADDITIONAL JUDGESHIP FOR THE EASTERN DISTRICT

OF VIRGINIA

APRIL 2, 1935.—Committed to the Committee of the Whole House on the state

of the Union and ordered to be printed

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

following

REPORT

[To accompany H. R. 1414)

The Committee on the Judiciary, to whom was referred the bill, H. R. 1414, after consideration, report the same favorably with the recommendation that the bill do pass.

The State of Virginia is composed of two districts with one Federal judge for each district. There has been no increase in the number of Federal judicial districts or judgeships in Virginia since 1871, when the two Federal districts were created, more than 60 years ago. The eastern district consists of 51 of the 100 counties, with a population of 1,210,926 according to the 1930 census. The court sits at Richmond, Norfolk, and Alexandria. These cities are approximately 100 miles apart. Two regular terms a year are held in each.

Richmond and Norfolk are the largest and second largest cities in the State. A large number of navigable rivers and ports of entry at Norfolk, Portsmouth, and Newport News at the mouth of the Chesapeake Bay, contribute a large amount of admiralty litigation to the business of the eastern district.

During the last Congress a similar bill was reported favorably by the Committee on the Judiciary but did not reach consideration on the floor of the House. At that time committees from the Richmond

. Bar Association and the Norfolk and Portsmouth Bar Associations presented testimony and briefs to the committee which clearly demonstrate the desirability of creating an additional judgeship for the eastern district of Virginia.

O

H. Repts., 74-1, vol. 2

ADDITIONAL DISTRICT JUDGES FOR THE SOUTHERN

AND EASTERN DISTRICTS OF NEW YORK

APRIL 2, 1935.—Committed to the Committee of the Whole House on the state

of the Union and ordered to be printed

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

following

REPORT

[To accompany H. R. 7057)

The Committee on the Judiciary, to whom was referred the bill (H. R. 7057) to provide for the appointment of two additional judges for the southern district of New York and one additional judge for the eastern district of New York, after consideration, report the same favorably to the House with the recommendation that the bill do pass.

The District Court for the Southern District of New York sits at New York City. The counties in the district are Bronx, Columbia, Dutchess, Greene, New York, Orange, Putnam, Rockland, Sullivan, Ulster, and Westchester, with the waters thereof. The court for the eastern district sits at Brooklyn. The counties in this district are Kings, Nassau, Queens, Richmond, and Suffolk, with the waters thereof. The district courts of the southern and eastern districts have concurrent jurisdiction over the water within the counties of New York, Kings, Queens, Nassau, Richmond, and Suffolk, and over all seizures made and all matters done in such waters; all processes or orders issued within either of said courts or by any judge thereof run and are executed in any part of said waters.

Additional judges are urgently needed in these districts. According to a report submitted to the Committee on the Judiciary by the Attorney General in which he recommends the appointment of two additional judges

for the

southern district, the court business has been such during recent years as to require assistance from judges from other districts for the greater portion of the time.

Notwithstanding this aidsays the Attorney Generalthe court is far behind in its docket. During the fiscal year ending June 30, 1934, 3,945 civil cases (exclusive of bankruptcy proceedings) were commenced in this district, 6,967 cases were terminated and 5,648 cases were pending at the close of the fiscal year; and 2,369 bankruptcy proceedings were commenced, 3,399 were terminated and 3,101 were pending at the close of the year. During the same period 5,992 criminal proceedings were instituted, 6,441 were terminated, while 1,996 were pending at the close of the year.

The judicial conference has also recommended the creation of two additional judgeships in this district. The district at present has eight judges.

Hon. Martin T. Manton, senior circuit judge of the second circuit; Hon. John C. Knox, senior district judge for the southern district of New York; and Hon. Martin Conboy, United States attorney for the southern district of New York, who appeared before the Committee on the Judiciary at a hearing on this proposed legislation, were unanimous in their opinion that the need is very great, and strongly urged the creation of the additional judgeships.

Judge Knox said:

As of March 1, our jury calendar, common law was 19 months behind, our equity calendar was 23 months behind, and our admiralty calendar 35 months behind. Now that situation must grow progressively worse unless we have additional judges.

One of the great difficulties in New York is the extremely long litigations that come up frequently, cases that last from 1 month to 6 weeks, and by reason of the length of time taken to dispose of them, the whole mass of litigation dams up, with the result that cases are unduly delayed.

In addition to that, the proceedings under section 77 B of the Bankruptcy Act have now disrupted all opportunity to do continual trial work. We have had under section 77 B, 228 proceedings instituted. The judge before whom those proceedings first come must handle them throughout the administration and the net result is that the judge who has a considerable number of these cases sits, as it were, as a chairman of the board of directors of that corporation and must pass upon practically everything that is done in connection with it.

The eastern district of New York, which is separated from the southern district by the East River, and which at the present time has five judges, imperatively requires an additional judge. Judge Marcus B. Campbell, of the eastern district, testified before the Committee on the Judiciary that the common-law calendar in that district is from 10 months to a year behind, the equity and admiralty calendars are about 6 months behind, and falling farther behind. There are a large number of section 77 B cases in this district which consume great quantities of judicial time.

The following table, the figures taken from the report of the Attorney General, shows the business of the courts in the eastern and southern districts of New York for the fiscal year 1934:

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COINAGE OF 50-CENT PIECES IN COMMEMORATION OF THE CABEZA DE VACA EXPEDITION AND OPENING OF THE OLD SPANISH TRAIL

APRIL 2, 1935.-Committed to the Committee of the Whole House on the state

of the Union and ordered to be printed

Mr. COCHRAN, from the Committee on Coinage, Weights, and Meas

ures, submitted the following

REPORT

(To accompany H. R. 6372)

The Committee on Coinage, Weights, and Measures, to whom was referred the bill (H. R. 6372) to authorize the coinage of 50-cent pieces in connection with the Cabeza de Vaca Expedition and the opening of the Old Spanish Trail, having considered the same, report thereon with the recommendation that it do pass.

The expedition of Panfile de Narvaez to the North American Continent has been the source of considerable historical speculation. He sailed from Spain in June 1527, with 5 ships and some 700 men. The winter of 1527-28 was spent in West Indian waters, where storm and disease reduced the expedition to 400 men and 80 horses. In the spring of 1528 De Narvaez divided his forces, the greater portion of the expedition disembarked and under the leadership proceeded to explore the interior of the country.

De Narvaez experienced many hardships on this journey. Food was scarce, the Indians unfriendly, the land marshy and heavily wooded, offering small means of sustenance. Horses were killed for food and the skins used for fresh-water bags to make possible a sea voyage. The remnant of the expedition put out to sea and sailed in rude boats along the shores of the present States of Florida, Alabama, Mississippi, Louisiana, and Texas. Food and water failing, the expedition landed to search for the means of subsistence. At sea many had died from privation and on land others were killed by the Indians.

According to the best information obtainable, all the rude barges were lost at sea or wrecked on the coast. Only 80 men survived and these came together on an island off the coast of Texas in November

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