HEARINGS BEFORE SUBCOMMITTEE NO. 5 OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES EIGHTY-SIXTH CONGRESS SECOND SESSION ON H.R. 6159, H.R. 234, H.R. 323, H.R. 485, H.R. 493, H.R. 732, BILLS TO PROVIDE FOR THE APPOINTMENT OF 64935 FEBRUARY 2, 3, AND 29, 1960 SERIAL NO. 19 Printed for the use of the Committee on the Judiciary COMMITTEE ON THE JUDICIARY EMANUEL CELLER, New York, Chairman FRANCIS E. WALTER, Pennsylvania PETER W. RODINO, JR., New Jersey E. L. FORRESTER, Georgia WILLIAM M. TUCK, Virginia ROBERT T. ASHMORE, South Carolina LESTER HOLTZMAN, New York J. CARLTON LOSER, Tennessee ROBERT W. KASTENMEIER, Wisconsin WILLIAM M. McCULLOCH, Ohio Alger, Hon. Bruce, Representative from Texas. Avery, Hon. William H., Representative from Kansas. Baker, Hon. Howard H., Representative from Tennessee. Baring, Hon. Walter S., Representative from Nevada. Bible, Hon. Alan, U.S. Senator from Nevada___ Biggs, Hon. John, Jr., chief judge, Third Circuit Court of Appeals. nessee.. Campbell, Hon. William J., chief judge, northern district of Illinois _ _ Chamberlain, Hon. Charles E., Representative from Michigan. Chenoweth, Hon. J. Edgar, Representative from Colorado.. Choate, Hon. Emmett C., U.S. district judge of the district of Florida_ Cohelan, Hon. Jeffery, Representative from California Colmer, Hon. William M., Representative from Mississippi Cramer, Hon. William C., Representative from Florida. 273 221 Ganey, Hon. J. Cullen, chief judge, eastern district of Pennsylvania__ Hoeven, Hon. Charles B., Representative from Iowa... Johansen, Hon. August E., Representative from Michigan. Johnson, Hon. Harold T., Representative from California_ Klopper, H. Stuart, Esq., representing Queens County Bar Associa- 286 Lindsay, Hon. John V., Representative from New York__ Loser, Hon. J. Carlton, Representative from Tennessee. Lumbard, Hon. J. Edward, chief judge, U.S. Court of Appeals, Moss, Hon. John E., Representative from California__ 169 Price, Hon. Melvin, Representative from Illinois_ 81 Reece, Hon. B. Carroll, Representative from Tennessee. 167 Rees, Hon. Edward H., Representative from Kansas 18 Rhodes, Hon. John J., Representative from Arizona 89 Rives, Hon. Richard T., chief judge, U.S. Court of Appeals, Fifth 256 Ryan, Hon. Sylvester J., chief judge, southern district of New York. Segal, Bernard S., Esq., representing the American Bar Association... Shafroth, Will, Esq., representing the Administrative Office of the U.S. Thompson, Hon. T. A., Representative from Louisiana_ Utt, Hon. James B., Representative from California_ Walsh, Hon. Lawrence E., Deputy Attorney General of the United Willis, Hon. Edwin E., Representative from Louisiana_ Federal Bar Association, Philadelphia chapter.. Federal Grand Jury Association for the Southern District of New San Antonio Bar Association___. Letter from— Judge Leslie R. Darr, Chattanooga, Tenn., February 8, 1960_. Judge Thomas F. McAllister, Grand Rapids, Mich., February 18, 1960_ Judge William E. Miller, Nashville 3, Tenn., February 9, 1960- Judge Sidney C. Mize, Gulfport, Miss., February 9, 1960 Judge Simon E. Sobeloff, Baltimore, Md., February 12, 1960.. Judge Edwin M. Stanley, Greensboro, N.C., February 5, 1960. Judge Roszel C. Thomsen, Baltimore, Md., February 4, 1960- Judge Wilson Warlick, Newton, N.C., February 9, 1960- Judge George W. Whitehurst, Tampa, Fla., February 10, 1960. Judge George W. Whitehurst, Tampa, Fla., February 15, 1960. Judge Peter Woodbury, Manchester, N.H., February 8, 1960_ 75 314 330 316 319 FEDERAL COURTS AND JUDGES TUESDAY, FEBRUARY 2, 1960 HOUSE OF REPRESENTATIVES, The subcommittee met, pursuant to call, at 10 a.m., in room 346, Old House Office Building, the Honorable Emanuel Celler (chairman) presiding. Present: Representatives Celler, Rogers of Colorado, Meader. Also present: William R. Foley, general counsel, and William H. Crabtree, associate counsel. The CHAIRMAN. The committee will come to order. Today we begin hearings on a series of bills, 35 in number, creating several new judgeships throughout the country, as well as creating some new districts, divisions, and new places of holding Federal court. At this point in the record we shall insert a copy of H.R. 6159 and other relevant bills. (The bills referred to follow :) [H.R. 6159, 86th Cong. 1st sess.] A BILL To provide for the appointment of additional circuit and district judges and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the President shall appoint, by and with the advice and consent of the Senate, two additional circuit judges for the second circuit, one additional circuit judge for the fourth circuit, and one additional circuit judge for the fifth circuit. (b) In order that the table contained in section 44 (a) of title 28 of the United States Code will reflect the changes made by this section in the number of permanent circuit judges for said circuits, such table is amended to read as follows with respect to said circuits: (c) The President shall appoint, by and with the advice and consent of the Senate, one additional circuit judge for the eighth circuit. The first vacancy occurring in the office of circuit judge in said circuit shall not be filed. SEC. 2. (a) The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the northern district of California, one additional district judge for the district of Colorado, two additional district judges for the district of Connecticut, one additional district judge for the southern district of Florida, two additional district judges for the northern district of Illinois, one additional district judge for the northern and southern districts of Iowa, one additional district judge for the district of Kansas, two 1 |