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RETIREMENT OF JUDGES IN THE TERRITORY OF

HAWAII

APRIL 21, 1938.-Committed to the Committee of the Whole House on the state

of the Union and ordered to be printed

Mr. TOLAN, from the Committee on the Judiciary, submitted the

following

REPORT

[To accompany H. R. 8700]

The Committee on the Judiciary, to whom was referred the bill, (H. R. 8700),

relating to the retirement of justices of the Supreme Court of the Territory of Hawaii, judges of the circuit courts of the Territory of Hawaii, and judges of the United States District Court for the Territory of Hawaii, after consideration, report the bill favorably to the House with an amendment, with the recommendation that as so amended the bill do

pass. The committee amendment is as follows: Page 1 line 9 strike out "eight” and insert in lieu thereof “ten”.

In the interest of the maintenance of high standards in the judiciary of Hawaii, it is proposed to grant the retirement privilege to the judges in that Territory under conditions comparable to the conditions under which United States judges are eligible to retire.

In order to attain eligibility for retirement under the reported bill, a judge must have rendered å minimum of 10 years' judicial service, and have attained the age of 70 years. Retirement pay is to be computed with reference to salary at time of retirement on the basis of the relationship which the number of years' service bears to 16. That is, if the judge has served 10 years, his retirement pay will be ten-sixteenths of the salary of which he was in receipt at the date of his retirement; if he had served 14 years, his retirement pay would be fourteen-sixteenths of his salary, etc., provided that in no case is the amount of the retirement pay to be more than the amount of the salary at time of retirement.

The provisions of the bill will apply to the judges of the following courts:

(a) The Supreme Court of Hawaii, which is composed of a chief justice, who receives $10,500 per year, and two associate justices who receive $10,000 each. Their term of office is 4 years.

(6) The Circuit Courts of Hawaii: Five judges are provided for the first circuit, which includes Honolulu, at $7,500 each, and four judges for the remainder of the Territory at $7,000 each. Their term of office is 4 years.

(c) The United States District Court for Hawaii, consisting of two judges, receiving $7,500 each, and with a 6-year term.

All of these judges are appointed by the President, with the advice and consent of the United States Senate, and their salaries are paid from the Federal Treasury. This disbursement is, of course, offset by taxes which Hawaii pays to the Federal Government.

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3d Session

No 2172

INTERIOR DEPARTMENT APPROPRIATION BILL, 1939

APRIL 21, 1938.—Ordered to be printed

Mr. TAYLOR, from the committee of conference, submitted the

following

CONFERENCE REPORT

[To accompany H. R. 9621)

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The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 9621) making appropriations for the Department of the Interior for the fiscal year ending June 30, 1939, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:

That the Senate recede from its amendments numbered 1, 6, 15, 16, 17, 21, 26, 29, 30, 35, 36, 37, 38, 39, 44, 62, 77, 84, 85, 86, 92, 93, 99, 100, and 105.

That the House recede from its disagreement to the amendments of the Senate numbered 4, 7, 10, 11, 12, 13, 14, 18, 19, 23, 24, 25, 31, 32, 33, 40, 41, 42, 43, 45, 47, 48, 49, 55, 56, 57, 66, 67, 73, 74, 76, 88, 89, 90, 91, 94, 95, 97, 101, 103, 104, and 106, and agree to the same.

Amendment numbered 5: That the House recede from its disagreement to the amendment of the Senate numbered 5, and agree to the same with an amendment, as follows:

In lieu of the sum proposed insert $260,000; and the Senate agree to the same.

Amendment numbered 8:

That the House recede from its disagreement to the amendment of the Senate numbered 8, and agree to the same with an amendment, as follows:

In lieu of the sum proposed insert $253,470; and the Senate agree to the same.

Amendment numbered 9:

That the House recede from its disagreement to the amendment of the Senate numbered 9, and agree to the same with an amendment, as follows:

In lieu of the sum proposed insert $82,790; and the Senate agree to the same.

Amendment numbered 27:

That the House recede from its disagreement to the amendment of the Senate numbered 27, and agree to the same with an amendment, as follows:

In lieu of the matter inserted by said amendment insert $660,000; and the Senate agree to the same.

Amendment numbered 50:

That the House recede from its disagreement to the amendment of the Senate numbered 50, and agree to the same with an amendment, as follows:

In lieu of the sum proposed insert $104,260; and the Senate agree to the same.

Amendment numbered 51:

That the House recede from its disagreement to the amendment of the Senate numbered 51, and agree to the same with an amendment, as follows:

In lieu of the matter inserted by said amendment insert the following: , and $10,000 shall be available for the repair and maintenance of buildings and utilities; and the Senate agree to the same.

Amendment numbered 52:

That the House recede from its disagreement to the amendment of the Senate numbered 52, and agree to the same with an amendment, as follows:

In lieu of the sum proposed insert $378,810; and the Senate agree to the same.

Amendment numbered 58:

That the House recede from its disagreement to the amendment of the Senate numbered 58, and agree to the same with an amendment, as follows:

In lieu of the matter inserted by said amendment, insert the following:

Shawnee Sanatorium, Oklahoma: General repairs and improvements, $35,000;.

And the Senate agree to the same. Amendment numbered 59: That the House recede from its disagreement to the amendment of the Senate numbered 59, and agree to the same with an amendment, as follows:

In lieu of the sum proposed insert $1,870,000; and the Senate agree to the same.

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