B-130053, DEC. 20, 1956

B-130053, DEC. 20, 1956

TO HONORABLE ELMORE WHITEHURST, ACTING DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 11, 1956, QUOTING FROM A LETTER RECEIVED FROM THE HONORABLE WEBSTER J. OLVER, CHIEF JUDGE, UNITED STATES CUSTOMS COURT, NEW YORK CITY, AS FOLLOWS:

"ON MONDAY MORNING, NOVEMBER 19, 1956, THE UNITED STATES CUSTOMS COURT HELD MEMORIAL PROCEEDINGS IN MEMORY OF OUR COLLEAGUE THE LATE JUDGE WILLIAM A. EKWALL.

"IT IS THE DESIRE OF MY COLLEAGUES TO HAVE THESE MEMORIAL PROCEEDINGS PRINTED IN SUFFICIENT QUANTITY TO PERMIT LIMITED DISTRIBUTION AMONG JUDGE EKWALL'S COLLEAGUES, FRIENDS, AND MEMBERS OF THE BAR WHO KNEW HIM SO WELL.

"IT IS THE BELIEF OF SOME OF MY COLLEAGUES THAT THESE PROCEEDINGS MAY BE PRINTED AND PAID FOR OUT OF OUR APPROPRIATION. WILL YOU KINDLY AT YOUR EARLIEST CONVENIENCE ADVISE ME WHETHER OR NOT THESE PROCEEDINGS MAY BE PAID FOR OUT OF OUR APPROPRIATION OR IS THE EXPENSE CONNECTED THEREWITH TO BE ASSUMED BY PRIVATE INDIVIDUALS OR ASSOCIATIONS.'

SPECIFICALLY, YOU REQUEST OUR VIEWS AS TO WHETHER THE CURRENT APPROPRIATION FOR THE CUSTOMS COURT MAY BE CHARGED WITH THE EXPENSE OF PRINTING THE MEMORIAL PROCEEDINGS HELD IN MEMORY OF THE LATE JUDGE WILLIAM A. EKWALL. THAT APPROPRIATION, AS CONTAINED IN THE JUDICIARY APPROPRIATION ACT, 1957, PUBLIC LAW 603, APPROVED JUNE 20, 1956, 70 STAT. 309, PROVIDES:

"SALARIES AND EXPENSES: FOR SALARIES OF THE CHIEF JUDGE, EIGHT JUDGES, AND ALL OTHER OFFICERS AND EMPLOYEES OF THE COURT, AND NECESSARY EXPENSES OF THE COURT, INCLUDING EXCHANGE OF BOOKS, AND TRAVELING EXPENSES, AS MAY BE APPROVED BY THE CHIEF JUDGE, $625,000: PROVIDED, THAT TRAVELING EXPENSES OF JUDGES OF THE CUSTOMS COURT SHALL BE PAID UPON THE WRITTEN CERTIFICATE OF THE JUDGE.'

THIS APPROPRIATION PROVIDES FOR CERTAIN SPECIFIED ITEMS OF EXPENDITURE BUT NOWHERE AMONG THE ITEMS IS ONE EXPRESSLY PROVIDING FOR AN EXPENDITURE SUCH AS THE ONE HERE INVOLVED. HENCE, IN ORDER TO COME WITHIN THE SCOPE OF ITS APPROPRIATION AVAILABILITY THE PROPOSED EXPENDITURE MUST BE CLASSIFIED AS BEING ONE OF THE "NECESSARY EXPENSES OF THE COURT * * * AS MAY BE APPROVED BY THE CHIEF JUDGE.'

WHILE IT IS NOT READILY APPARENT TO US THAT THE PRINTING OF THE MEMORIAL PROCEEDINGS HELD FOR THE LATE JUDGE WILLIAM A. EKWELL IS A NECESSARY EXPENSE IN THE PERFORMANCE OF THE FUNCTIONS IMPOSED BY LAW OR IN PURSUANCE OF LAW UPON THE CUSTOMS COURT--- SEE SECTION 3678, REVISED STATUTES, 31 U.S.C. 628--- WHAT CONSTITUTES A NECESSARY EXPENSE IN CARRYING OUT THE FUNCTIONS OF THE COURT IS, IN THE PRESENT MATTER, FOR ADMINISTRATIVE DETERMINATION AND SUBJECT TO APPROVAL BY THE CHIEF JUDGE.

ACCORDINGLY, AND IN VIEW OF THE BROAD DISCRETION VESTED IN THE CHIEF JUDGE BY THE APPROPRIATION IN QUESTION, WE WOULD NOT BE REQUIRED TO OBJECT TO ITS USE FOR THE CONTEMPLATED EXPENDITURE IF IT BE DEEMED A NECESSARY EXPENSE AND APPROVED BY THE CHIEF JUDGE.