FISCAL YEAR 1923-24. Allen, Oliver F., Schenectady, N. Y Acme Boiler Works, Detroit, Mich Anderson, Clarence C., Spokane, Wash Asher, Anthony L., Point Pleasant, W. Va Backe, Charles W., San Francisco, Calif Black, Herbert O., Cleveland, Ohio...- Brewer, Paul C., Buffalo, N. Y. Crawford, W. Byrd, Jacksonville, Fla. Cahill, Harold V., Genesee, N. Y Chapman, George L., Toledo, Ohio.. Cleveland Brass & Copper Co., Cleveland, Ohio.. Commonwealth Pipe & Supply Co., Boston, Mass. Holmes, Harold J., Raleigh, N. C. Duffy, James__ McCarthy & Co., John W. (4 claims), San Francisco, Calif_ O'Shea, E. M., Lincoln, Nebr... Phillips, J. N., Chattanooga, Tenn.. Fugate, Charles R. Ground, Holland T. Guess, Agnes_ Las Cruces Lumber Co., Las Cruces, N. Mex. Phillips, E. B., Chattanooga, Tenn_ Ryan, Cyril D., New Orleans, La Roberts, Thomas L. Rowell, George P., Stamford, Conn Wilber, Jerry F., Johnstown, Pa.. $165.00 571.35 25.00 25.00 150. 00 100. 00 138. 08 10. 00 200. 00 75.00 54. 45 40. 00 399.99 393, 749. 90 17, 005. 31 80.00 91. 27 3, 251. 44 375.00 150. 00 75.00 25.00 15. 00 498. 72 75.00 24. 00 50.00 100. 00 100. 00 1,750. 00 153. 49 Chesapeake Ferry Co., Portsmouth, Va.. Chattanooga Aseptic Cotton Co., Chattanooga, Tenn. (paid by Maryland Casualty Co., Baltimore, Md.). Consolidated Engineering Co., Baltimore, Md.. Fitz Randolph, W. S., New York, N. Y. Hyde Co., Campbell, Calif. _ Habirshaw Electric Cable Co., New York City. Wheelock, Lovejoy & Co., Cambridge, Mass Mid-City Trust & Savings Bank., Chicago, Ill. Nashville Industrial Corporation., Nashville, Tenn. Total____. Grand total.. 2, 519. 22 168. 90 87.55 75.00 9, 000. 00 400, 000. 00 4, 029. 01 1, 563. 65 1, 000. 00 1, 500. 00 226. 40 937. 50 379, 000. 00 1, 000. 00 1, 163. 49 20, 581. 60 1, 700, 000. 00 2, 942, 375. 32 6, 018, 889. 00 Mr. TINKHAM. Mr. Bigger, how long does the statute of limitations run on these cases? Mr. BIGGER. There is no statute of limitations against civil claims. The statute is three years on criminal actions was three years, I should say, until the 12th day of November, 1921, when Congress by act extended the period to six years. Mr. OLIVER. That statute applies to both misdemeanors and felonies? Mr. BIGGER. I think so; yes, sir. But that statute now does not save the prosecution to the Government if the crime was complete before the 12th of November, 1918, that is, at the time of the armistice. No prosecution can be maintained now on account of a crime committed before the armistice. Mr. GRIFFIN. When did the time expire? Mr. BIGGER. The three years expired on the 12th of November, 1921, and they extended it three years, but that is not retroactive. It does not apply to crimes which were complete before November 12, 1918. Mr. GRIFFIN. Then you were precluded from beginning any criminal actions within the past year? Mr. BIGGER. No, sir. Some of these criminal matters, you see, were not complete on the 12th of November, 1918. If it was a series of continuous wrongful acts, under a conspiracy, for example, and a portion of those acts occurred after the 12th of November, 1918, the statute having been extended until the 12th of November, 1924, they would still be subject to prosecution. Mr. GRIFFIN. How much of this $8,900,000 recovery is on matters of a criminal nature, in which criminal proceedings were begun? Mr. BIGGER. There is one case which we settled recently in which there is an indictment pending in the District of Columbia. As I now recall it, there was no criminal case developed in any of the others. Let me add there that the men who are under indictment were no longer connected with the corporation when we settled with the corporation. We declined to negotiate with them if those men were still interested in the corporation. We said that we would not do business with men who were under indictment. Mr. GRIFFIN. You did not want to put the Government in the position of compounding a felony? Mr. BIGGER. No, sir; and we would not negotiate until those men were out of the corporation. The present owners of that corporation we believe to be men of high character, and we have settled with them. Mr. TINKHAM. How many indictments altogether have been brought? Mr. BIGGER. I think something like 35 or 40. That is my recollection. CRIMINAL CASES. If you have no further questions about civil recovery, coming to the prosecution of criminal actions, our success has not been so decided as in civil matters. We have within the last year tried three large criminal cases in which there were 8 or 10 men indicted in each for conspiracy. In two of them the juries acquitted them, and in the third the court, after the conclusion of the testimony, instructed the jury to acquit. Mr. TINKHAM. Was that last case the so-called Harness case? Mr. BIGGER. That was the last case. That was a case tried in West Virginia. Mr. TINKHAM. Will you insert in the record a list of the indictments that have been returned? Mr. BIGGER. Yes, sir. There is a complete report of the indictments that have been returned, and are now pending, here on this table. Mr. TINKHAM. Showing the present status of each indictment? Mr. BIGGER. Yes, sir. Mr. GRIFFIN. I wanted to ask one question as to the number of indictments pending. Mr. BIGGER. I can not give you the exact number. Mr. GRIFFIN. You can put that in the record. Mr. BIGGER. There are 28 indictments in all, involving 94 individuals, and 1 corporation. Mr. OLIVER. Who makes the appointments in these different units that are under the advisory council? Mr. BIGGER. They are made by the Attorney General. We have no power of appointment. Mr. OLIVER. You have no power of appointment at all? Mr. BIGGER. No, sir. Mr. OLIVER. Are you consulted as to the personnel for these units? Mr. BIGGER. We are in our section. Mr. OLIVER. I am speaking of that. Mr. BIGGER. Yes, sir; we are. Mr. OLIVER. Are those appointments made on your recommendation—that is, the appointment of the professional personnel of these units? Mr. BIGGER. I would say that the heads of the units were not selected upon our recommendation, except, possibly, in the case of Captain Paul, who had worked there under our direction. Mr. OLIVER. In the absence of the Attorney General, who makes the appointments? Mr. BIGGER. I do not know; but, possibly, the Assistant Attorney General, who has charge of administrative matters, may make them Judge Holland, I presume, would make them, with the approval of the Attorney General. Mr. STRONG. I think I should state that the Attorney General makes the appointments. Even when he is not there, he makes the appointments. Mr. BIGGER. I assume that he does. Mr. STRONG. Mr. Holland merely gives a recommendation and makes an analysis of the qualifications, recommendations, etc., and submits them to the Attorney General. NUMBER OF ATTORNEYS AND CLERKS. Mr. OLIVER. What are now serving in each of the six sections under the advisory council? Mr. BIGGER. I do not believe, without getting a detailed list, I could give that. I think we have all of that data. We have here the entire list of the employees in our section, but it does not divide them into the units. Mr. OLIVER. You have mentioned six units or sections to which you state matters are referred for reports and recommendations. I would like for you to insert in the hearings at this point a list showing, not the names, but the number of attorneys assigned to each of those sections or units, and the number of special accountants that are assigned to each section or unit, if any accountants are so assigned. Mr. BIGGER. Accountants are not assigned to the various units. The units, when they find it necessary to have an accountant, present. the matter to Mr. Cameron. Mr. OLIVER. If there are any other experts that are employed furnish a statement showing their designations, and then give th number of clerical employees in each unit. Mr. BIGGER. I will do so. Number of attorneys in each unit, including the head, and the number of clerks. Accounting-investigation unit, in charge of James Cameron: Accountants.. Clerks... Mr. OLIVER. Who appoints trial lawyers for the cases which the advisory council, with the approval of the Attorney General, authorize brought? Mr. BIGGER. Of course, the Attorney General makes the selections. NUMBER OF SPECIAL ATTORNEYS ENGAGED IN CIVIL AND CRIMINAL CASES. Mr. OLIVER. Can you insert in the record a list showing the number of attorneys who have been employed to handle the various civil and criminal cases? Mr. BIGGER. I can do so; yes, sir. Special assistants to the Attorney General engaged in preparation and trial of cases in war transactions section. SPECIAL ASSISTANTS ENGAGED UNDER WAR TRANSACTIONS SECTION. Mr. OLIVER. How many attorneys are now in the employ of the department handling pending cases? Mr. BIGGER. Do you refer now to attorneys that are not in the section but who are employed outside? Mr. OLIVER. I am referring to those on the outside. The other question I asked covers those in the sections. Mr. BIGGER. I will insert that in the record. Special assistants to the Attorney General engaged in preparation and trial of certain cases in the war transactions section. Mr. OLIVER. Then, will you furnish a statement of salaries paid to the attorneys employed in the different sections, and the salaries paid to attorneys handling criminal or civil cases already disposed of and to the attorney handling cases now pending in the courts? Mr. HARRIS. You want the range of the salaries, but do not want the names? Mr. OLIVER. I do not care for the names of the attorneys. I want the range of the salaries paid. Mr. GRIFFIN. Supplementing Mr. Oliver's question, I think it might be advisable to give the names of the heads of the respective sections. Mr. OLIVER. I think that would be very well, and think I called for them a few minutes ago. Mr. BIGGER. That can be supplied. 92263-24-12 |