SECTION 14 OF THE BILL

Amends act March 3, 1901, ch. 854, § 174, 1st and 2d sentences, 31 Stat. 1218, as amended (D. C. Code, 1940 ed., § 11-401, 1st and 2d sentences).

Comparative text.—

SEC. 174. [Oath; bond; d] Deputy clerks.-[The clerk of the District Court of the United States for the District of Columbia shall take the oath and give bond, with security, in the manner prescribed by law for the clerks of the district courts of the United States.] The [said] clerk of the United States DistrictCourt for the District of Columbia [shall have power to appoint deputy clerks and other necessary employees, and] may assign any of the deputy clerks in his office to duty in the said general or special terms of the court, except in the probate term.

Reviser's note. The district of Columbia is made a judicial district by section 88 of revised title 28. Therefore, provisions of the catch line and first sentence of this section, relating to oath and bond of clerks, are covered by sections 951 and 952 of such revised title, hence their omission in this amendment. This amendment omits the provisions of the second sentence relating to appointment of deupty clerks and other necessary employees as they are incorporated in section 751 of revised title 28. The other amendments, made in the catch line and the second sentence, are for purposes of clarification and completion, considering the substance of the remaining provisions. SECTION 15 OF THE BILL

Amends act of March 3, 1901, ch. 854, § 224, 31 Stat. 1224, 1225, as amended (D. C. Code, 1940 ed. § 11-204).

Comparative text.—

SEC. 224 [Clerk, crier, and messenger] Deputy clerk signing for clerk.-[There shall be a clerk of said court of appeals, to be appointed by the court, who shall receive as compensation for his services, in the discretion of the court, an annual salary not to exceed the sum of three thousand dollars, payable monthly at the Treasury of the United States, and who shall give bond, such as the court may determine to be satisfactory, for the faithful performance of his duties, and his duties shall be such as the court may from time to time prescribe. That the said clerk of the court of appeals, shall, with the approval of the court, appoint one assistant or deputy clerk, who shall receive as compensation for his services, în the discretion of the court, an annual salary not to exceed the sum of two thousand dollars, payable monthly at the Treasury of the United States, and who] The deputy clerk for the United States Court of Appeals for the District of Columbia may sign the name of the clerk of such court to any official act required by law or by the practice of the court to be performed by the clerk, and may authenticate said signature by affixing the seal of the court thereto when the impress of the seal is necessary to its authentication. In such case the signature shall be-

[The court shall regulate from time to time the fees to be charged by the said clerk, which shall be accounted for at least once in each quarter and paid into the Treasury of the United States, and said clerk shall receive such allowance for neccssary expenditures in the conduct of his office as the court may determine by special or general order in the premises, but not to exceed the sum of five hundred dollars in any one year, payable, as aforesaid, at the Treasury of the United States. Said court may appoint a crier at a compensation not to exceed seventy-five dollars a month and a messenger at a compensation not to exceed sixty dollars a month, both payable at the Treasury of the United States, who shall perform such duties as may be assigned by that court.]

Reviser's note. This section relates to the court of appeals in the District of Columbia. The District of Columbia is made a judicial circuit by section 41 of revised title 28. See reviser's note to such section, set out elsewhere in this report. The provisions relating to appointment of the clerk, his deputy and other necessary employees, and payment of fees into the Treasury of the United States, are incorporated in section 711 of such revised title 28. Provisions as to regulation by the court of fees charged by the clerk are superseded and covered by section 1913 of such revised title. Section 952 of such revised title covers the provisions, omitted by this amendment, requiring that the clerk shall give bond, and sections 961 and 962 of such revised title cover the provisions relating to expenses of the clerk. However, the provisions placing a maximum of $500 per year on the office expenses of the clerk were omitted as inconsistent with sections 604, 961, and 962 of such revised title. See reviser's note to such section 604, set out elsewhere in this report. The provisions relating to compensation of the clerk, his deputy and other court employees, omitted here, are incorporated in said section 604 of such revised title. As the result of this amendment, the only provisions remaining in the section are those empowering the deputy clerk to sign for the clerk, the designation, "assistant clerk" being changed to "deputy clerk" for uniformity.

SECTION 16 OF THE BILL

Amends act March 3, 1901, ch. 854, § 1108, opening paragraph, 31 Stat. 1363 (D. C. Code, 1940 ed., § 11-1511, part).

Comparative text.

SEC. 1108. Nothing herein to prohibit agreements with clients. The following, no other, compensation shall be taxed and allowed to attorneys, solicitors, proctors, district attorney, clerk of the supreme court of the District, marshal, [commissioners,] witnesses, and jurors, except in cases otherwise provided for by law; but nothing herein shall be construed to prohibit attorneys, solicitors, and proctors from charging or receiving from their clients other than the Government such reasonable compensation for their services, in addition to the taxable costs, as may be in accordance with general usage or may be agreed upon;

Reviser's note. This amendment, which relates to the District of Columbia, omits commissioners from the list of those whose fees are prescribed in subsequent sections, as section 1113 of such act (D. C. Code, sec. 11-1511), prescribing fees for commissioners, is to be repealed. For reason for such repeal, see table of omitted laws (District of Columbia Code sections) set out elsewhere in this report.

SECTION 17 OF THE BILL

Amends act Feb. 11, 1903, ch. 544, § 2, 32 Stat. 823, as amended (15 U. S. C., 1940 ed., § 29; 49 U. S. C., 1940 ed., § 45). Comparative text.

SEC. 2. In every civil action [suit in equity] brought in any district court of the United States under any of said Acts wherein the United States is complainant, an appeal from the final judgment [decree] of the district court will lie only to the Supreme Court [and must be taken within sixty days from the entry thereof: Provided, however, That if, upon any such appeal, it shall be found that, by reason of disqualification, there shall not be a quorum of Justices of the Supreme Court

60852-47-39

qualified to participate in the consideration of the case on the merits, then, in lieu of a decision by the Supreme Court, the case shall be immediately certified by the Supreme Court to the circuit court of appeals of the circuit in which is located the district in which the suit was brought which court shall thereupon have jurisdiction to hear and determine the appeal in such case, and it shall be the duty of the senior circuit judge of said circuit court of appeals, qualified to participate in the consideration of the case on the merits, to designate immediately three circuit judges of said court, one of whom shall be himself and the other two of whom shall be the two circuit judges next in order of seniority to himself, to hear and determine the appeal in such case and it shall be the duty of the court, so comprised, to assign the case for argument at the earliest practicable date and to hear and determine the same, and the decision of the three circuit judges so designated, or of a majority in number thereof, shall be final and there shall be no review of such decision by appeal or certiorari or otherwise.

If, by reason of this qualification, death or otherwise, any of said three circuit judges shall be unable to participate in the decision of said case, any such vacancy or vacancies shall be filled by the senior circuit judge by designating one or more other circuit judges of the said circuit next in order of seniority and, if there be none such available, he shall fill any such vacancy or vacancies by designating one or more circuit judges from another circuit or circuits, designating, in each case, the oldest available circuit judge, in order of seniority, in the circuit from which he is selected, such designation to be only with the consent of the senior circuit judge of any other such circuit].

Reviser's note.-This amendment strikes out the provisions relating to time for appeal and to the procedure and other matters in the event of the absence of a quorum of Supreme Court justices, as such provisions are incorporated in sections 2101 and 2109 of revised title 28. See reviser's notes to those sections set out elsewhere in this report.

SECTION 18 OF THE BILL

Amends act April 22, 1908, ch. 149, § 6, 2d sentence of 2d paragraph, as added by Act April 5, 1910, ch. 143, § 1 (part), 36 Stat. 291 (45 U. S. C. 1940 ed., § 56).

Comparative text.

The jurisdiction of the courts of the United States under this Act shall be concurrent with that of the courts of the several States [, and no case arising under this Act and brought in any state court of competent jurisdiction shall be removed to any court of the United States].

Reviser's note. The provision prohibiting removal of a case brought in a state court of competent jurisdiction is stricken out as covered by section 1445 of revised title 28.

SECTION 19 OF THE BILL

Amends act June 19, 1912, ch. 174, § 1, final sentence, 37 Stat. 137, 138 (40 U. S. C., 1940 ed., § 324).

Comparative text.—

Any contractor or subcontractor aggrieved by the withholding of any penalty as hereinbefore provided shall have the right within six months thereafter to appeal to the head of the department making the contract on behalf of the United States or the Territory, and in the case of a contract made by the District of Columbia to the Commissioners thereof, who shall have power to review the action imposing the penalty, and in all such appeals from such final order whereby a contractor or subcontractor may be aggrieved by the imposition of the penalty herein before provided such contractor or subcontractor may, within six months after decision by such head of a department or the Commissioners of the District of Columbia file a claim in the Court of Claims [, which shall have jurisdiction to hear and decide the matter in like manner as in other cases before said court].

Reviser's note. The jurisdictional provisions stricken out by this amendment are incorporated in section 1499 of revised title 28.

SECTION 20 OF THE BILL

Amends act March 2, 1917, ch. 145, § 41, 39 Stat. 965, as amended (48 U. S. C., 1940 ed., § 863).

Comparative text.

SEC. 41. [Puerto Rico shall constitute a judicial district to be called "the district of Puerto Rico". The President by and with the advice and consent of the Senate, shall appoint one district judge, who shall serve for a term of eight years and until his successor is appointed and qualified and whose salary shall be $10,000 per annum. There shall be appointed in like manner a district attorney and a marshal for said district, each for a term of four years unless sooner removed by the President. The district court for said district shall be called "the District Court of the United States for Puerto Rico", and shall have power to appoint all necessary officials and assistants, including the clerk, interpretator, and such commissioners as may be necessary, who shall be entitled to the same fees and have like powers and duties as are exercised and performed by United States commissioners. Such district court shall have jurisdiction of all cases cognizable in the district courts of the United States, and shall proceed in the same manner.] The United States District Court for the District of Puerto Rico [In addition, said district court] shall, in addition to its other jurisdiction, have jurisdiction for the naturalization of aliens and Puerto Ricans, and for this purpose, residence in Puerto Rico shall be counted in the same manner as residence elsewhere in the United States. Said district court shall have jurisdiction of all controversies where all of the parties on either side of the controversy are citizens of subjects of a foreign State or States, or citizens of a State, Territory, or District of the United States not domiciled in Puerto Rico, wherein the matter in dispute exceeds, exclusive of interest or cost, the sum or value of $3,000, and of all controversies in which there is a separable controversy involving such jurisdictional amount and in which all of the parties on either side of such separable controversy are citizens or subjects of the character aforesaid. The salaries of the judge and officials of the United States District Court [of the United States] for the District of Puerto Rico, together with the court expenses, shall be paid from the United States revenues in the same manner as in other United States district courts. In case of vacancy or of the death, absence, or other legal disability on the part of the judge of the said United States District Court [of the United States] for the District of Puerto Rico, the President of the United States is authorized to designate one of the judges of the Supreme Court of Puerto Rico to discharge the duties of judge of said court until such absence or disability shall be removed, and thereupon such judge so designated for such service shall be fully authorized and empowered to perform the duties of said office during such absence or disability of such regular judge, and to sign all necessary papers and records as the acting judge of said court without extra compensation.

Reviser's note. The provisions of this section, relating to the creation of the judicial district of Puerto Rico, appointment and tenure of court officers and employees, all stricken out by this amendment, are incorporated in sections 119, 133, 134, 501, 504, 541, 631, 751, and 1295 of revised title 28. The salary provision, relating to the judge, is omitted as covered by section 135 of such revised title. The jurisdictional provisions, also omitted by this amendment, are unnecessary because, by transferring the other omitted provisions to title 28, the jurisdictional provisions of sections 1331 et seq. of such title, as revised, apply to the district court in Puerto Rico. See also, section 451 of such revised title, which includes the district court in Puerto Rico in its definitions of "court of the United States," "district court," and "district court of the United States." The other changes, consisting of insertions, made by this amendment, are for style pur

poses and for clarification in view of the deletions. The substitution of "United States District Court for the District of Puerto Rico" for "District Court of the United States for Puerto Rico" is proper and appropriate in view of the transfer of provisions referred to above. See section 132 of such revised title 28.

SECTION 21 OF THE BILL

Amends act March 2, 1917, ch. 145, § 42, 39 Stat. 966 (48 U. S. C., 1940 ed., § 864).

Comparative text.

SEC. 42. The [That the] laws of the United States relating to appeals, [writs of error and] certiorari, removal of causes, and other matters or proceedings as between the courts of the United States and the courts of the several States shall govern in such matters and proceedings as between the district court of the United States and the courts of Puerto [Porto] Rico. [Regular terms of said United States district court shall be held at San Juan, commencing on the first Monday in May and November of each year, and also at Ponce on the second Monday in February of each year, and special terms may be held at Mayaguez at such stated times as said judge may deem expedient.] All pleadings and proceedings in the United States District Court for the District of Puerto Rico [said court] shall be conducted in the English language. [The said district court shall be attached to and included in the first circuit of the United States, with the right of appeal and review by said circuit court of appeals in all cases where the same would lie from any district court to a circuit court of appeals of the United States, and with the right of appeal and review directly by the Supreme Court of the United States in all cases where a direct appeal would be from such district courts.]

Reviser's note. The provisions of this section, relating to Puerto Rico, including the district court in the First Judicial Circuit, are incorporated in section 41 of revised title 28, hence their omission in this amendment. The amendment omits the provisions relating to regular and special terms as covered by sections 138 and 141 of such revised title. The provisions stipulating the places where court is to be held are incorporated in section 119 of such revised title. The provision for appeals to the court of appeals is incorporated in section 1295 of such revised title. The provisions giving the right of appeal and review directly by the Supreme Court are omitted because repealed by section 13 of the act of February 13, 1925, ch. 229, 43 Stat. 941 (942). The words "writs of error and" are omitted by this amendment as writs of error were abolished and appeals substituted therefor by act of January 31, 1928, ch. 14, sections 1, 2, 45 Stat. 54, as amended by act of April 26, 1928, ch. 440, 45 Stat. 466 (28 U. S. C., 1940 ed., secs. 861a, 861b). In the remainder, the words "the United States District Court for the District of Puerto Rico" were substituted for "said court" for purposes of clarification and because such substituted title is appropriate in view of sections 119 and 132 of revised title 28. See, also, section 451 of such revised title.

SECTION 22 OF THE BILL

Amends act May 28, 1926, ch. 411, § 1, 44 Stat. 669 (19 U. S. C., 1940 ed., § 405a).

Comparative text.

That the Board of General Appraisers shall hereafter be known as the United States Customs Court and the members thereof shall hereafter be known as the