Chapter 29. To amend an Act entitled “An Act to codify, revise, and amend the laws relating to the judiciary,” approved March third, nineteen hundred and eleven
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CHAP. 29.— An Act To amend an Act entitled “An Act to codify, revise, and amend the laws relating to the judiciary,” approved March third, nineteen hundred and eleven. February 25, 1919. [[H. R. 12001](/us/bill/65/hr/12001).] [[Public, No. 265](/us/pl/65/265).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Judicial Code amendments. That section two of the Act entitled “An Act to codify, revise, and amend the laws relating to the judiciary,” approved March third, nineteen hundred and eleven, be, and the same hereby is, amended so as to read as follows:
" “Sec. 2. District judges. Each of the district judges, including the judges in Porto Pay increased. Vol. 36, p. 1087, amended.Rico, Hawaii, and Alaska exercising Federal jurisdiction, shall receive a salary of $7,500 a year, to be paid in monthly installments.” " Sec. 2. Circuit courts of appeals. That section one hundred and eighteen of the Act aforesaid be, and the same is hereby, amended to read as follows: 1157 " “Sec. 118. There shall be in the second, seventh, and eighth circuits,Circuit judges authorized.
Vol. 36, p. 1131, amended. respectively, four circuit judges; in the fourth circuit, two circuit judges; and in each of the other circuits, three circuit judges, to be appointed by the President, by and with the advice and consent of the Senate. All circuit judges shall receive a salary of $8,500 a year each,Salary increased. payable monthly. Each circuit judge shall reside within his circuit.Residence. The circuit judges in each circuit shall be judges of the circuit court of appeals in that circuit, and it shall be the duty of each circuit judge in each circuit to sit as one of the judges of the circuit courtService. of appeals in that circuit from time to time according to law: *Provided*, That*Proviso*.
In district courts, etc. nothing in this section shall be construed to prevent any circuit judge holding district court or otherwise, as provided for and authorized in other sections of this Act.” " Sec. 3. That the judges of the Supreme Court of the District ofDistrict of Columbia. Pay of judges, supreme court, and court of appeals. Vol. 32, p. 825, amended. Columbia shall receive salaries the same as salaries provided by this Act to be paid to judges of district courts of the United States, and such salaries shall be paid as now provided by law.
The judges of the Court of Appeals of the District of Columbia shall receive salaries the same as the salaries provided by this Act to be paid to judges of the circuit court of appeals of the United States, and such salaries shall be paid as now provided by law. Sec. 4. That section one hundred and thirty-six of the Act aforesaidCourt of Claims. be, and the same is hereby, amended so as to read as follows: " “Sec. 136. The Court of Claims established by Act of FebruaryConstitution of.
Vol. 36, p. 1135, amended. twenty-fourth, eighteen bunded and fifty-five, shall be continued. It shall consist of a Chief Justice and four judges, who shall be appointed by the President by and with the advice and consent of the Senate, and hold their offices during good behavior. Each of them shall take an oath to support the Constitution of the United States and to discharge faithfully the duties of his office. The Chief JusticePay of judges increased. shall be entitled to receive an annual salary of $8,000, and each of the other judges an annual salary of $7,500, payable monthly from the Treasury.
” " Sec. 5. That the judges of the United States Court of CustomsCourt of Customs Appeals. Pay of judges increased Vol. 36, p. 1143. amended. Appeal shall receive salaries equal in amount to the salaries provided by this Act to be paid judges of the Circuit Court of Appeals of the United States, payable monthly from the Treasury. Sec. 6. That section two hundred and sixty of the Act aforesaidRetired judges. be, and the same is hereby, amended so as to read as follows: " “Sec. 260.
That when any judge of any court of the United States,Resigning after specified service to have pay continued. Vol. 36, p. 1161, amended. appointed to hold his office during good behavior, resigns his office after having held a commission or commissions as judge of any such court or courts at least ten years continuously, and having attained the age of seventy years, he shall, during the residue of his natural life, receive the salary which is payable at the time of his resignation for the office that he held at the time of his resignation.
But, insteadRetiring from active service, a successor to be appointed. of resigning, any judge other than a justice of the Supreme Court, who is qualified to resign under the foregoing provisions, may retire, upon the salary of which he is then in receipt, from regular active service on the bench, and the President shall thereupon be authorized to appoint a successor; but a judge so retiring may nevertheless beVoluntary service may be assigned. called upon by the senior circuit judge of that circuit and be by him authorized to perform such judicial duties in such circuit as such re tired judge may be willing to undertake, or he may be called upon by the Chief Justice and be by him authorized to perform such judicial duties in any other circuit as such retired judge may be willing to undertake, or he may be called upon either by the presiding judge or senior judge of any other such court and be by him authorized to perform such judicial duties in such court as such retired judge may be willing to undertake. 1158 Additional judge may be appointed when incapacitated Judge entitled to retire does not resign.“In the event any circuit judge, or district judge, having so held a commission or commissions at least ten years continuously, and having attained the age of seventy years as aforesaid, shall nevertheless remain in office, and not resign or retire as aforesaid, the President, if he finds that any such judge is unable to discharge efficiently all the duties of his office by reason of mental or physical disability of permanent character, may, when necessary for the efficient dispatch of business, appoint, by and with the advice and consent of the Senate, an additional circuit judge of the circuit or district Retired or incapacitated judge to be junior to remaining judges.judge of the district to which such disabled judge belongs.
And the judge so retiring voluntarily, or whose mental or physical condition caused the President to appoint an additional judge, shall be held and treated as if junior in commission to the remaining judges of said court, who shall, in the order of the seniority of their respective commissions, exercise such powers and perform such duties as by law may be incident to Senior judge to ap point officials in case of disagreement.seniority. In districts where there may be more than one district judge, if the judges or a majority of them can not agree upon the appointment of officials of the court, to be appointed by such judges, then the senior judge shall have the power to make such appointments.
It additional judge appointed, vacancy by death, etc., of retired, not to be filled.“Upon the death, resignation, or retirement of any circuit or district judge, so entitled to resign, following the appointment of any additional judge as provided in this section, the vacancy caused by such death, resignation, or retirement of the said judge so entitled to resign shall not be filled.” " Sec. 7. Effective date. That this Act shall take effect and be in force on and after the first day of the month next following its approval.
Approved, February 25, 1919.