$2,087, 866. 01

11.9

Mr. KENNARD. In another statement-proceeding from the general to the particular we have for the last three fiscal years, 1921, 1922, and 1923, divided the total business into five general classes, namely, United States civil business, criminal business, admiralty, private litigation, and bankruptcy; showing the relative increase in each of these classes, both as to actions commenced, terminated and pending. That is a slight step toward detail.

This statement for 1921, 1922, and 1923 shows that the increase in 1923 over 1921 in actions commenced was 30 per cent plus; in actions terminated, 53 per cent plus; and in actions pending, approximately 26 per cent. Decreases, where they did exist in minor items, are shown in italic.

(The table referred to is as follows:)

Mr. KENNARD. Proceeding still further into a little more detail, we have made a separate statement concerning the national prohibition act, because of the enormous magnitude of the work. There is covered by this third statement all cases commenced since the enactment of the law up to the close of June 30, 1923. It specifies, by years, the number of cases dismissed, the number of acquittals and convictions, etc., also civil business as distinguished from criminal.

Briefly, the statement shows that the total number of civil cases commenced under the national prohibition act up to the close of June 30, 1923, was 8,775; the number terminated, 4,921, and the amount realized on judgments, $336,000 plus.

Mr. TINKHAM. Is that by years?

Mr. KENNARD. Yes, sir; by years. I am just giving the total now. It also shows that the number of criminal prosecutions commenced since the passage of the act up to June 30, 1920, was 120,410;

the number of criminal prosecutions terminated, 97,865, and the total collections in criminal actions over $9,470,000.

I have just mentioned the leading points of the statement. (The table referred to is as follows:)

Statement showing cases commenced, terminated, etc., under the national prohibition

Criminal prosecutions pend-
ing close of fiscal year.
Aggregate amount of fines,
forfeitures, and penalties
imposed during the year...

Amount realized on fines,
forfeitures, and penalties
imposed during the year
and former years.
Collected without prosecu-
tion.....

Total collections..

$605, 314. 42 $3, 360, 298. 46 $4, 041, 456. 03 $5, 832, 491. 18 $13, 839, 560. 09

507, 482. 70 2,418, 117. 55

507, 482. 70

2, 376, 305. 20 4,023, 466. 24 846.95 144, 513. 63 2, 418, 117. 55 2,377, 152. 154, 167, 979. 87

9, 325, 371.69

145, 360. 58 9, 470, 732. 27

REVENUES.

Mr. KENNARD. Now, following the suggestion of the chairman, we have a statement of revenues for the last two years, 1922 and 1923, as particularly typical of the expansion of business. Of course, more business means more revenue, as well as more expense. This statement divides the revenues into several classes, showing those from civil and those from criminal actions, those from fees of various officials, those resulting from the sale of property, and from the operation of the cotton-duck mill at Atlanta. It shows as a whole that the revenues for 1922 were over $9,322,000, and for 1923, over $16,306,000.

The revenues of the Department of Justice are now so great that from 75 to 80 per cent of the entire expenses of the courts and of the department is covered by revenue.

Mr. TINKHAM. That statement

sources?

Mr. KENNARD. Yes, sir.

covers the revenue from all

In criminal prosecutions.

Earnings from individuals and corporations by United States marshals..
Earnings from individuals and corporations by clerks of United States
District Courts.

Net earnings by clerks, United States Circuit Courts of Appeals.
Unclaimed moneys from court registries (Treasury report) –

Net profit on operation of cotton-duck mill, United States penitentiary,
Atlanta, Ga..

Proceeds of sale of Government property, and other miscellaneous items
(Treasury report).

Total..

$4,333, 274. 05
3, 424, 891. 56
258, 021. 04

1,051, 818. 25
23, 232.83
50,979.40

167, 012. 52

13, 040. 86

9, 322,270. 51

$9, 168, 410. 46 5, 209, 485. 15 381, 621.75

1, 152, 532. 61 93,494. 08 84, 846. 65

211, 362.70

5,024. 33

16, 306, 777. 73

Mr. TINKHAM. I want to ask you a question in relation to the Volstead Act prosecutions. I note that the table you have prepared terminates with June, 1923.

Mr. KENNARD. Yes, sir.

Mr. TINKHAM. Can you give us an opinion as to whether since June, 1923, to date there has been a still further increase in those cases, in all departments and classifications?

Mr. KENNARD. I think so. The district attorneys make monthly docket reports, which I understand, while they are not tabulated, show no sign of any diminution in the number of cases; in addition to which there pass over my desk applications for help in many different districts, based upon a continuing increase. I received this morning a letter from the Northern District of New York, in which the statement is made that the cases under that Act are coming in at the rate of 300 a month.

Mr. HARRIS. That is largely because of the repeal of the MullanGage Act by the New York Legislature. Prior to that time the State courts assumed jurisdiction under the act of much of the prohibition business, but it is now all being thrown into the United States Courts, or substantially all.

Mr. TINKHAM. Of course you draw the conclusion that it is due to the repeal of the Mullan-Gage law, but it might well be that general lawlessness is increasing, notwithstanding the repeal?

Mr. HARRIS. No; I do not mean to say that, Mr. Tinkham, but I mean to say that ordinarily those cases under that act, or many of them, would have been in the State courts, but since the repeal of that act they have been thrown over into the Federal courts. That applies, however, only to New York.

SALARIES, FEES, AND EXPENSES OF MARSHALS AND THEIR DEPUTIES, UNITED STATES COURTS.

Mr. KENNARD. This item of appropriation covers the expenses of conducting the offices and executing the duties of United States marshals. There are paid thereunder the salaries of the marshals themselves, as well as the salaries of their deputies; the traveling expenses of these officials and the general office expenses, such as telegraph, telephone, storage, legal advertising, etc.

Marshals are the executive officers of the Federal courts. They are also the local disbursing officers of the courts and the Department of Justice. They have the same powers in each State in executing the laws of the United States as sheriffs and their deputies in such State have in executing the State laws. This is covered by section 788, Revised Statutes of the United States, and construed in 135 United States Reports, page 1.

The principal duties of marshals, therefore, are to attend terms of court, to execute, or cause to be executed, judicial process and to defray judicial expenses. (See sec. 787 Rev. Stat. Ú. S., and sec. 1311 U. S. Comp. Stat. 1913.)

Judicial process, that is, subpoenas, venires, warrants, and other writs, are served by United States marshals in both civil and criminal cases, and on behalf of defendants as well as on behalf of the United States. Charges are made for services rendered individuals and corporations and these collections are turned over to the clerk of the court. The amount thus collected for the fiscal year 1923 was $381,621.75, whereas the like amount collected for the fiscal year 1922 was only $258,021.04.

Effort is made to effect the utmost economy in the service of process. As far as practicable it is required that subpones be served on the same trips with warrants of arrest; also that when circumstances permit such action a series of writs be served on a given trip over a selected route.

The instructions of the department require that deputies absent from official headquarters must keep the marshal constantly advised of their whereabouts, reporting at the close of each day. Writs are required to be sent to the deputy nearest the probable place of service. In cases where a writ is served by a deputy who was not nearest the place of service the division of accounts requires an explanation before the expenses are allowed.

All defendants must be taken before the commissioner, or other judicial officer having jurisdiction, nearest the place of arrest. If such commissioner is absent, the prisoner must be taken before the next nearest official having jurisdiction. (28 Stat. L. 416.)

The law governing the service of venires will be found on page 12 of the Judicial Code. (36 Stat. L. 1164 to 1166.) It is required