Extracted text

OCR Page 1 of 153
APPROVED AUG 1 1946 TREATM NARA EXECUTIVE OFFICE OF THE PRESIDENT LEAVE BUREAU OF THE budget WASHINGTON, 25, D.C. JUL 31 1946 My dear Mr. Latta: On July 23, 1946, you advised this office that S. 346, "To amend section 21 of the Act of May 28, 1896 (29 Stat. 184; 28 U.S.C., sec. 597), prescribing fees of United States commissioners", had been re- ceived at the White House, and requested reports and recommendations as to the approval of the bill. Under existing law United States commissioners, whose principal duties are those of committing magistrates for the Federal courts, are paid by the United States on a fee basis for services actually rendered. The existing schedule of fees was prescribed almost fifty years ago by the Act of May 28, 1896, and has not been changed since that time (25 U.S.C. 597). As a result of economic changes within the United States, many of the fees have become entirely inadequate. Moreover, separate fees ranging from five cents to three dollars for specific items are prescribed with the result that the prepara- tion by the commissioner of his account is an exceedingly time-con- suming and laborious task. From the standpoint of the Government, the duty of auditing these accounts, first by the Administrative Office of the United States Courts, and then by the General Account- ing Office, is unduly onerous and expensive because of the vast num- ber of small items. The bill eliminates the long schedule of fees and substitutes a single fee for all services rendered in each case, leaving only a few items in respect to which individual fees remain. In addi- tion, the new schedule increases the aggregate fees of the commis- sioners. The bill provides that no commissioner may receive compensa- tion in excess of $7,500 per year, exclusive of additional income pursuant to the Federal Employees' Pay Act of 1945, as amended (Pub- lic 390, Seventy-ninth Congress). The provisions of the bill do not apply to the United States commissioners in the Territory of Alaska, and become effective the first day of the month succeeding its approval. Facsimiles of the enrolled enactment have been referred to the Department of Justice and the Administrative Office of the United States Courts. The reply of the Department of Justice, recommend- ing approval of the bill, is attached. The Administrative Office