A-18024, APRIL 16, 1927, 6 COMP. GEN. 676

A-18024: Apr 16, 1927

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AS IT IS NOT ONE OF THE COURTS NAMED IN SAID SECTION IT IS NOT ENTITLED TO BE FURNISHED WITH COPIES. YOUR OPINION IS REQUESTED AS TO WHETHER THE GENERAL LANGUAGE IN LINES 52. IT IS NECESSARY TO CONSIDER WHETHER THE BOARD AS PREVIOUSLY CONSTITUTED WOULD HAVE BEEN ENTITLED TO THE UNITED STATES SUPREME COURT REPORTS. THE BOARD OF GENERAL APPRAISERS AS ORIGINALLY CREATED WAS UNDER AN EXECUTIVE DEPARTMENT (SEE ACT OF JUNE 10. IT WAS GIVEN THE POWERS OF A DISTRICT COURT FOR THE LIMITED PURPOSES OF PRESERVING ORDER. NEITHER THE BOARD NOR THE MEMBERS THEREOF WERE MENTIONED IN SECTION 227 OF THE JUDICIAL CODE. AS BEING ENTITLED TO HAVE A COPY OF THE REPORTS FURNISHED. THAT THE UNITED STATES CUSTOMS COURT IS NOT ENTITLED TO COPIES OF THE UNITED STATES SUPREME COURT REPORTS UNDER SAID SECTION OF THE JUDICIAL CODE.

A-18024, APRIL 16, 1927, 6 COMP. GEN. 676

UNITED STATES SUPREME COURT REPORTS - DISTRIBUTION THE UNITED STATES CUSTOMS COURT, FORMERLY THE BOARD OF GENERAL APPRAISERS, HAVING BEEN DESIGNATED A COURT AND REMOVED FROM ANY SUPERVISION BY AN EXECUTIVE OFFICE, CAN NOT BE CONSIDERED AN EXECUTIVE OFFICE WITHIN THE MEANING OF SECTION 227 OF THE JUDICIAL CODE, AS AMENDED BY THE ACT OF JULY 1, 1922, 42 STAT. 816, PROVIDING FOR THE DISTRIBUTION BY THE ATTORNEY GENERAL OF COPIES OF THE UNITED STATES SUPREME COURT REPORTS, AND AS IT IS NOT ONE OF THE COURTS NAMED IN SAID SECTION IT IS NOT ENTITLED TO BE FURNISHED WITH COPIES.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, APRIL 16, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 31, 1927, AS FOLLOWS:

BY AN ACT OF MAY 28, 1926, CHAPTER 411, THE CONGRESS PROVIDED THAT THE BOARD OF GENERAL APPRAISERS SHOULD BE KNOWN AS THE UNITED STATES CUSTOMS COURT. (44 STAT. 669.) THE CHIEF JUSTICE OF THE UNITED STATES CUSTOMS COURT HAS REQUESTED THE THE CHIEF JUSTICE AND THE ASSOCIATE JUSTICES EACH BE FURNISHED WITH A SET OF THE UNITED STATES SUPREME COURT REPORTS. SECTION 227 OF THE JUDICIAL CODE DOES NOT SPECIFICALLY PROVIDE FOR THE DISTRIBUTION OF THE SUPREME COURT REPORTS TO THE JUDGES OF THIS COURT. YOUR OPINION IS REQUESTED AS TO WHETHER THE GENERAL LANGUAGE IN LINES 52, 53, AND 54,"AND THE HEADS OF SUCH EXECUTIVE OFFICES AS MAY BE PROVIDED BY LAW OF EQUAL GRADE WITH ANY OF SAID OFFICES, EACH ONE COPY," CAN BE CONSTRUED AS AUTHORITY TO FURNISH THE CHIEF JUSTICE AND THE ASSOCIATE JUSTICES OF THE UNITED STATES CUSTOMS COURT WITH A SET OF THE UNITED STATES SUPREME COURT REPORTS.

THE ACT OF MAY 28, 1926, 44 STAT. 669, PROVIDES:

THAT THE BOARD OF GENERAL APPRAISERS SHALL HEREAFTER BE KNOWN AS THE UNITED STATES CUSTOMS COURT AND THE MEMBERS THEREOF SHALL HEREAFTER BE KNOWN AS THE CHIEF JUSTICE AND THE ASSOCIATE JUSTICES OF THE UNITED STATES CUSTOMS COURT.

SEC. 2. THE JURISDICTION, POWERS, AND DUTIES OF SAID BOARD, ITS SUBDIVISIONS AND ITS OFFICERS, AND THEIR APPOINTMENT, INCLUDING THE DESIGNATION OF ITS PRESIDING OFFICERS, AND THE IMMUNITIES, TENURE OF OFFICE, POWERS, DUTIES, RIGHTS, AND PRIVILEGES OF THE MEMBERS OF SAID BOARD, SHALL REMAIN THE SAME AS BY EXISTING LAW PROVIDED.

AS THIS ACT DOES NOT CONFER ANY NEW RIGHTS OR PRIVILEGES, BUT EXPRESSLY CONTINUES ALL RIGHTS AND PRIVILEGES THERETOFORE GRANTED THE BOARD OF GENERAL APPRAISERS, IT IS NECESSARY TO CONSIDER WHETHER THE BOARD AS PREVIOUSLY CONSTITUTED WOULD HAVE BEEN ENTITLED TO THE UNITED STATES SUPREME COURT REPORTS.

SECTION 227 OF THE JUDICIAL CODE, AS AMENDED BY THE ACT OF JULY 1, 1922, 42 STAT. 816, PROVIDES FOR THE DISTRIBUTION BY THE ATTORNEY GENERAL OF COPIES OF THE UNITED STATES SUPREME COURT REPORTS TO VARIOUS COURTS THEREIN SPECIFICALLY NAMED, INCLUDING THE COURT OF CUSTOMS APPEALS, AND TO CERTAIN GOVERNMENT OFFICES AND ESTABLISHMENTS AND "THE HEADS OF SUCH OTHER EXECUTIVE OFFICES AS MAY BE PROVIDED BY LAW OF EQUAL GRADE WITH ANY OF" THE OFFICES SPECIFICALLY MENTIONED THEREIN. THE BOARD OF GENERAL APPRAISERS AS ORIGINALLY CREATED WAS UNDER AN EXECUTIVE DEPARTMENT (SEE ACT OF JUNE 10, 1890, 26 STAT. 136), BUT UNDER THE PROVISIONS OF SECTION 518 OF THE ACT OF SEPTEMBER 21, 1922, 42 STAT. 972, IT WAS GIVEN THE POWERS OF A DISTRICT COURT FOR THE LIMITED PURPOSES OF PRESERVING ORDER, COMPELLING ATTENDANCE OF WITNESSES AND THE PRODUCTION OF EVIDENCE, AND IN PUNISHING FOR CONTEMPT. IT HAS NOW BEEN SPECIFICALLY DESIGNATED AS A COURT, BUT, AS HEREINBEFORE SHOWN, IT HAS NO OTHER OR GREATER RIGHTS AND PRIVILEGES THAN IT HAD BEFORE; AND NEITHER THE BOARD NOR THE MEMBERS THEREOF WERE MENTIONED IN SECTION 227 OF THE JUDICIAL CODE, SUPRA, AS BEING ENTITLED TO HAVE A COPY OF THE REPORTS FURNISHED. IT MUST BE CONCLUDED, THEREFORE, THAT THE UNITED STATES CUSTOMS COURT IS NOT ENTITLED TO COPIES OF THE UNITED STATES SUPREME COURT REPORTS UNDER SAID SECTION OF THE JUDICIAL CODE.