tion, to turn down matters of that kind. Everything that we use that has printing on it must be paid for out of this appropriation, including briefs and records of all kinds. All of that expense must be paid out of this appropriation. It is an appropriation over which there is very little administrative control except, of course, we do cut down on the annual report of the Attorney General in the interest of economy, and we do use cheap binding wherever possible in order to save expense. These records and briefs must be printed, and we have no choice except to go ahead and authorize their printing.

Mr. TINKHAM. Has the increase in the cost of both printing and binding been very great?

Mr. STRONG. Not at present, but I understand that under the reclassification act the Government Printing Office will charge us more due to the operations of that act. Of course, if there is an increase in the expense down there, we must pay more for our printing. At one time we had considered having some of that work done at the prisons, but I think there was some opposition in Congress to having it done by prison labor.

That is all I have to offer on that item.

TRAVELING AND OTHER MISCELLANEOUS AND EMERGENCY EXPENSES.

Mr. SHREVE. The next item is:

For traveling and other miscellaneous and emergency expenses.

Mr. HARRIS, will you explain that item?

Mr. HARRIS: This appropriation has been provided annually for the past 25 years and is available for the following purposes:

1. For expenses of official travel of the Attorney General, the Solicitor General, Assistant Attorneys General, and the statutory officials (attorneys, etc.) of the department who do not render services in cases and matters under a specific appropriation such as antitrust, defending suits, war frauds, detection and prosecution of crimes, etc.; that is, if one of the above mentioned officials is sent to the field to perform or render some specific service which does not come under a more specific appropriation, his expenses of travel and subsistence are paid from this appropriation.

2. It is also available, as its text indicates, for miscellaneous emergency expenses for which there is no other appropriation and in the words of the comptroller, "to meet conditions which can not otherwise be met." This includes fees of physicians and alienists for making physical and mental examinations of United States convicts and prisoners in State penal institutions, who make application for pardon because of alleged physical or mental conditions; and other small miscellaneous expenses.

3. For advance of funds under the waiver of section 3648, carried in the text, to attorneys, etc., with which to finance their expenses of official travel, who are unable to do so from their personal funds. Paragraph 3648 provides in effect that no payment shall be made in advance for any purpose, and therefore when officials and employees are sent to the field on official business, who are unable to finance their expenses of making the necessary travel in connection therewith, it is customary to advance a small amount, usually running from $50 to $150, with which to pay expenses of travel. They state

and render their accounts on the completion of the travel and are paid the amount of the expenses incurred, returning the amount so advanced to the disbursing clerk. Nothing has ever been lost to the Government because of such advances, with the exception of $100, which, through failure of the disbursing clerk to demand immediate return, was lost in about the year 1908.

The appropriation for 1923 was $7,500. There was a deficiency appropriation of $500 for that year, and we now have unpaid claims aggregating $684.68, estimate for which has been submitted to the Bureau of the Budget and approved.

Based upon current expenditures, the appropriation of $7,500 for the present year will not be sufficient to pay expenses of official travel which ought to be made to properly attend to special matters in the field.

We have an estimate here of $9,000 for 1925. The appropriation for 1924 was $7,500. The last completed year is 1923. We had an appropriation for that year of $7,500. There was also a supplemental of $500; that makes $8,000; and we have unpaid bills now, in the present deficiency bill which the committee reported out the other day, of $684.68. That makes $8,684.68.

This appropriation is, as stated, available and used to pay the expenses of the Attorney General, Assistant Attorneys General, and those statutory attorneys and clerks of the department who have to go into the field who are not rendering services under some specific appropriation. It is, as its language indicates, for "traveling and other miscellaneous and emergency expenses." We advance money out of this appropriation to finance expenses of statutory employees going out into the field, the provisions of section 3648 being waived, which is refunded when they return from their trip. They render their expense accounts and then return the amounts advanced to the fund. So that to that extent it is a revolving fund. I do not think we will get by with less than $9,000 if travel continues next year as it is doing this year.

Mr. TINKHAM. How much was expended under the appropriation for 1923?

Mr. HARRIS. The total amount, Mr. Tinkham, is $7,500 originally appropriated, $500 additional, and $648.68 ascertained claims, making a total of $8,648.68.

Mr. SHREVE. Just what is this travel about? What is the necessity for it and what is accomplished by it?

Mr.

Mr. HARRIS. To illustrate, Mr. Chairman, take the cases pending at Fort Worth a short time ago, some of the biggest stock selling frauds we have ever had in the United States-Dr. Cook, etc. Crim, Assistant Attorney General, went down there. He made about three trips there, spending about a month to six weeks on each trip. It was so important that he went down to assist the United States attorney and to take personal supervision. Those cases arise very frequently, and that is the main portion of the travel under this appropriation.

Mr. SHREVE. How do you estimate that there is going to be additional business in 1925 to warrant this increase in travel expense?

Mr. HARRIS. The fact that we were short in 1923, and the indications are that we will have approximately a like condition in the current year; the fact that we expended $8,684 in 1923, with 30 per cent

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increase of business in 1923 over 1922; and the reports are that the business is continuing to increase practically the same as it did in 1923. We have charts which we will introduce in these hearings which will show the increase.

Mr. TINKHAM. With this great increase in business in your department, the expenses under practically all your items must expand somewhat in proportion to that increase?

Mr. HARRIS. That is it. The expense as a general rule we can not control, because of this automatic expansion.

WEDNESDAY, MARCH 12, 1924.

CONDUCT OF CUSTOMS CASES.

STATEMENT OF MR. WILLIAM W. HOPPIN, ASSISTANT ATTORNEY GENERAL, CUSTOMS DIVISION.

Mr. SHREVE. The next item is on page 99, under the head of "Miscellaneous objects, Department of Justice," under which comes the item for the conduct of customs cases. I notice there is a slight increase in this item, the appropriation for the current fiscal year being $83,100, while the estimate for 1925 is $89,470.

If you desire to make a general statement regarding this appropriation, Mr. Hoppin, we will be glad to hear you.

Mr. HOPPIN. I have a brief, Mr. Chairman.

Mr. SHREVE. We will be pleased to have you read it to us.

Mr. HOPPIN. The brief is quite lengthy, but I have a shorter statement here which I might read. I should like to have the full 1 brief appear in the record. in the record. The full brief is dated January 18, 1924, and is not quite up to date. The other statement is dated February 21. I will submit the full brief for the record and will read the other.

GENERAL STATEMENT.

The office of the Assistant Attorney General in Charge of Customs Matters has charge of the preparation for trial and trial of customs cases before the court of first instance, the Board of United States General Appraisers, of appeals therefrom to the Court of Customs Appeals, and, in certain instances provided for by the Judicial Code, of appeals to the Supreme Court of the United States.

The legal work performed by this office can be conveniently divided into three distinct divisions:

1. Suits involving the classification and the rate and amount of duty to be assessed upon imported merchandise under the tariff act of 1913 and the emergency act of May 27, 1921, the tariff act of 1922, and the rate of duty to be paid thereon;

2. Suits involving the value of imported merchandise;

3. Suits involving claims for the remission, abatement, or refund of duty paid either as drawback, additional duty, or because of damage to the merchandise, and all other decisions of the collector of I customs of whatever character with which the importer is dissatisfied.

With that general statement of conditions in the department, I will be glad to take up the specific items.

Mr. TINKHAM. Is this increase in both civil and criminal cases, so far as your latest reports are concerned, still progressing? Mr. STRONG. Yes, sir; it is still on the upgrade.

Mr. TINKHAM. So that we have not reached the peak as yet? Mr. STRONG. Apparently not.

The increase that we are asking in this item is $1,000, and it is for the Department of Justice Library. We have $3,000 and $500 for State reports, and we are asking for $4,500. Now, here is the situation in our library: Instead of having one of the finest law libraries in the country, we have only been able to purchase the State reports, the Supreme Court reports, and various reports of that character, and their continuations, but we have not been able to purchase the latest authoritative text books in the various fields of the law. We have not had adequate funds with which to do that. The condition now is that where counsel who oppose the Govern ment have all the facilities in the nature of books that they require in the practice of law, our attorneys do not possess them. When we send to the Library of Congress, sometimes we can get the books. and sometimes we can not. In any event, there is delay.

Mr. SHREVE. It appears that you have been running along about at this same rate since 1915.

Mr. STRONG. Yes, sir; and we have been getting further and further behind in our need for books.

Mr. SHREVE. Do you mean to say that at no time has it been sufficient to take care of your requirements?

Mr. STRONG. That is the situation; at no time has it been sufficient. We have had, I think, a 30 per cent increase in the cost of textbooks.

Mr. SHREVE. This increase you mention is simply for the purchase of additional law books?

Mr. STRONG. Yes, sir. Under this appropriation was included those items formerly carried under the head of "Purchase of books for library, Department of Justice." This appropriation is intended to cover continuations of reports, decisions, and digests, legal periodicals, and law treatises for the department library, which is situated in the Department of Justice Building at Vermont Avenue and K Street, Washington, D. C. The statute authorizing this expenditure is the appropriation act of January 3, 1923, 42 Stats. 1079. During the fiscal year 1923 the entire appropriation of $3,500 was expended. The amount appropriated for 1924 is $3,500, of which $500 is to be used for the purchase of session laws and statutes of the States. On December 31, 1923, $1,793.25 had been expended from this appropriation. The amount appropriated is not sufficient for the needs of the department. Due to the great demand upon the time of the United States attorneys and their assistants, as well as the lack of proper facilities, it has become customary for them to depend more and more upon the Attorney General for suggestions and advice with regard to cases in their respective districts.

This department also conducts litigation in the Court of Claims and in the Supreme Court of the United States. It should have as fine a law library as exists in the country. It is often impossible to secure from the Library of Congress the necessary reference books.

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This means delay and often compels this department to act without same as we have purchased practically no law treatises in the last two years and are unable to even buy the digests of reports. While the department does not desire to make any unnecessary purchases, it would be very glad to be able to at least have the same facilities which the attorneys for private clients possess. Since 1906 the price of law books has increased at least 30 per cent, and the number of reports has also increased. I doubt whether this fact has been given sufficient consideration by Congress. Both the cost and the number of the latest law treatises have shown a considerable increase since the war. The department should be allowed more money for this purpose, as it is not economy to handicap a lawyer in the tools

of his trade.

We have lumped in this appropriation funds formerly carried for the solicitors and for the Court of Claims. We did that because I think we would have a little more effective administration under the consolidation, so that if one solicitor needed more than $500, we could let him have it, or if a solicitor did not need that much, we could use the surplus in some other part of the department.

Mr. SHREVE. This consolidation is made at the suggestion of the Bureau of the Budget?

Mr. STRONG. Yes, sir.

CONTINGENT EXPENSES, DEPARTMENT OF JUSTICE.

Mr. SHREVE. The next item, under "Contingent expenses, Department of Justice," is as follows:

For stationery, furniture, and repairs, floor coverings not exceeding $500, file I holders and cases, miscellaneous expenditures, including telegraphing and telephones, foreign postage, labor, typewriters and adding machines, and the exchange thereof and repairs thereto, street-car fares not exceeding $300; newspapers, press clippings, and other necessaries ordered by the Attorney General; official transportation, including the repair and maintenance, operation of a motordriven passenger car, delivery truck, and motor cycle, to be used only for official purposes, and purchase and repair of bicycles, $58,287.

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Mr. STRONG. The appropriation for 1924, known as Contingent expenses, Department of Justice," includes expenditures formerly carried under several separate appropriations, namely, furniture and trepairs, stationery, transportation, and miscellaneous items, which will be considered in the above order.

FURNITURE AND REPAIRS.

It is necessary to purchase, repair, and alter tables, chairs, desks, floor coverings; to purchase file holders, file cabinets and cases, bookcases, etc., thereby providing the department with the above facilities, which are used in every large law office. Neither the furniture nor the equipment is of the expensive kind, the department limiting its expenditures to the standard of quality used in the Government service.

STATIONERY.

Stationery includes paper, envelopes, blank books, photostat paper and photographic supplies, binders, ink, desk equipment, stationery cabinets, etc., similar to that used in any large law office.