charge them, and that brings about a whole lot of trouble. So far as getting an auditor for that amount of money, it is simply ridiculous. A good auditor commands a salary of $4,500 a year. You can not get an auditor for less than $3,500.

Mr. HARRIS. This class of auditors is composed of examination auditors. They are examiners and auditors both. You can get them for $1,200 in the lower grades, but we can not get them at $900. Every one at the latter salary has made a failure, and it has cost the Government more than the difference in the salary.

Mr. HOLLAND. You call them auditors, but really they are not full-fledged auditors?

Mr. HARRIS. No; they are classed as clerks.

DIVISION OF ACCOUNTS-SECTION CHIEFS.

Mr. HUSTED. For what specific purpose do you need two section chiefs at $2,500?

Mr. HOLLAND. Under the division of accounts?

Mr. HUSTED. Yes; under the division of accounts, on page 79.

Mr. HOLLAND. Mr. Harris knows the details of that matter and I wish he would explain that to you, because, while I have been over it with him, I would be simply repeating what he told me.

Mr. HARRIS. In the division of accounts we examine under the law the accounts of United States marshals, not only for the fees collected but also the moneys expended by them, they being disbursing officers for the courts, and likewise we examine the accounts of clerks in the United States courts and the accounts of United States commissioners. I am trying to perfect an organization, and have done so, but I have not the authority for the specific positions that are here requested, so as to place the audit of the accounts of judicial officers of the courts in one section, under a section chief. Then I have another section, which handles all the correspondence which goes out of that bureau, the authorization for expenses of the courts, and work of that kind, which requires a man of very high ability. because he must know what may be authorized from the various appropriations under the law and under the decisions of the comptroller. That is another section chief. So that, while we are asking for two section chiefs, we are not increasing the appropriation. only to the extent of $300, because of the fact that the Attorney General details one man as an attorney-and a man must be an attorney to fill that position-to the position of section chief in charge of the audit of judicial officers' accounts. Likewise, the chief bookkeeper and record clerk must be detailed as a section chief of the correspondence section. I think it will make for more perfect organization and a better organization if we can have these positions so designated.

Mr. HUSTED. You are increasing it $2,800, as I understand it. You are eliminating one chief bookkeeper and record clerk at $2,200 and you are putting in his place two section chiefs at $2,500 each.

Mr. HARRIS. No; we are putting in his place one section chief at $2,500. Now, if you will turn to page 78, you will find that we have stricken out one attorney at $2,500 and we transfer that position that man is occupying that position to-day-to the position of section chief. So the increase is only $300. Now, if you take

the positions that are stricken out under the division of accounts, there are three at $900. There is a complete balance there. We ask $1,000 additional for the chief, $300 in the transfer of chief bookkeeper and record clerk to section chief, that makes $1,300, and $500 added to one of the $900 items which we have stricken out gives us the exact amount that we strike from the division of accounts. It costs no more money and will give the Government very much better service on this basis, because this position of $900-men will not accept those positions at that rate to do the class of work that they are required to do.

Mr. JOHNSON. One question asked by Mr. Tinkham has suggested that I ask one relative to your secret service, and it is this: While the congressional committee was inquiring into the manner of Bergdoll's escape it was developed that a man down in the Department of Justice received a letter from a secret-service agent at Philadelphia reciting, in substance, that a plan had been arranged whereby Bergdoll was to escape within two weeks, and he did escape within two weeks. That letter fell into the hands of a man whose name I forget.

Mr. HARRIS. Was it Neill, or O'Neill?

Mr. JOHNSON. No; was it Wood?

Mr. HARRIS. Yes; Wood.

Mr. JOHNSON. And that man stated on the witness stand himself, not in so many words, but in effect, that he pigeonholed that letter, and that in consequence those to whom the information should have been given never received it. The committee in their report recommended the dismissal of that man. May I inquire whether or not anything has been done with him or about him?

Mr. HOLLAND. I do not know just when the facts you mention were developed, but he was dismissed shortly after this administration came in. On that point I will say further that we find it necessary to make a good many changes in that department, and there are a good many more yet to be made.

Mr. HARRIS. In connection with the changes in the items, we have eliminated four at $900, making $3,600; we eliminated three at $900, making $2,700, in the division of accounts; and that makes a total of $6,300. We add to the pardon attorney $1,200, to the appointment clerk $500, to the chief of the division of accounts $1,000, to the assistant chief transferred from chief bookkeeper and record clerk, $300; one position of class 2 at $1,400. That makes $4,400, and $4,400 from $6,300 leaves a balance of $1,900.

VARIOUS LETTERS TO GEN. DAWES IN SUPPORT OF INCREASED SALARIES.

Mr. HOLLAND. For the information of the committee, I will be glad to submit as a part of the testimony in connection with this general item for salaries in the office of the Attorney General, covering pages 78 to 80, inclusive, a photostat copy of a letter from Mr. Dawes to the Attorney General under date of February 10; a carbon copy of a letter from the Attorney General to the Director of the Budget under date of September 14; a copy of a letter under date of February 6 from the Attorney General to Mr. Husted, chairman of this subcommittee, and a carbon copy of a letter from the Attorney General to the Director of the Budget under date of February 8.

94584-22-PT 2— -2

Mr. HUSTED. We will have that correspondence incorporated in the hearings.

Mr. EVANS. Calling your attention to the reductions that you have made, four at $900, on page 79 of the bill; three at $900, on page 80 of the bill; and one at $2,500, on page 78, and having in mind also the other changes which have been made in this item, will these omissions or the changes result in a deficiency or in the calling from any other bureau or division of help to perform the work formerly assigned to these divisions or performed by them?

Mr. HOLLAND. It is our opinion that it will not. The idea here is that these changes are made with a view to increasing efficiency. Mr. EVANS. That is, the department, so far as represented by the items on pages 78, 79, and 80, as changed, if the committee should follow your suggestion, will be more efficient and enabled to do more work than it was able to do under its previous personnel?

Mr. HOLLAND. Yes; due very largely to the fact that these $900 positions are included, which is not sufficient money to give us efficient clerks, efficient employees.

(The papers submitted by Mr. Holland are as follows:)

Hon. CHARLES G. DAWES,

SEPTEMBER 14, 1921.

Director of the Bureau of the Budget, Treasury Department.

SIR: I have approved the estimates prepared by the Budget officer of this department for the fiscal year ending June 30, 1923, which contains as to a number of the appropriations increases over those provided for the current year. I assume that these will be acted upon by you on information furnished by the Budget officer and other officials of this department, when necessary, but there are some items in the statutory positions which I desire to bring especially to your attention, as follows:

There have been eliminated from the office of the Attorney General four clerical positions at $900, making a total of $3,600 per annum. This was done under my direction because of the fact that the work pertaining to such positions has been taken over in additional services rendered by certain officers and employees of the Department, for whom I have asked increased salaries, as hereinafter set forth.

In addition to the four positions mentioned above there have been eliminated two positions of clerks at $900 in the division of accounts of this department with a view to applying the $1,800 pertaining to these positions to increases in the salaries of other statutory employees of particular merit, as is hereinafter set forth. I am making this recommendation because, in my judgment, such action will not only be directly in the interest of efficiency and economy and better organization, but will enable the Government to retain the services of exceptionally efficient employees without increasing the amount of the appropriation for said division.

With respect to the statutory salaries for the office of the Attorney General first referred to herein, I desire to invite your attention, first, to the annual compensation of my secretary, Mr. W. Frank Gibbs, which is now $3,600. You will note that this position carries the title of private secretary and assistant to the Attorney General. His duties differ materially from those ordinarily rendered by a private secretary only, in other branches of the service. The services rendered by him are of much greater importance, more arduous and technical, and require a higher degree of ability than those of the usual private secretary; in fact, he is an assistant to the Attorney General, as his statutory title implies. He is, further, a man of unusual ability, and one whom, in my private practice, I would pay $5,000 or upward for similar services, and which would not be so onerous as those he is now rendering to the Government in this department. The business handled by him is so voluminous as to require his almost constant attention on an average of 10 hours a day, including Sundays and holidays. I therefore submit that a salary of $3,600 per annum is not sufficient for a man competent to fill this position. I have accordingly applied $1,200 of the $3,600 so eliminated, as hereinbefore set forth, to his compensation, so as to provide a salary of $4,800 per annum.

I found, when I took office, a gentleman who has long filled the position of appointment clerk, and has been receiving for years past $2,000 per annum, in addition to the bonus of $240. Mr. Sornborger, the incumbent, has been employed in this department for 27 years, and has rendered valuable services. The duties of his position require a thorough understanding of the many Federal laws with respect to appointments, transfers, etc., and the handling of commissions of United States court officials. I think that he should have an increase in compensation, and have, therefore, applied, of the $3,600 so eliminated, $500, so as to make his salary $2,500 instead of $2,000. His salary will then be on a par with that of the appointment clerk of the Department of Commerce and $500 less than that received by the appointment clerk of the Treasury Department.

In addition to the above I have a confidential secretary at $2,500 who is now paid from a lump-sum appropriation. This position is filled by Miss K. M. Carroll. She is an exceptionally competent stenographer and has been my confidential secretary for 12 years. Because of the immense increase of business of this department and particularly of the Attorney General's office she is required to render services of approximately 10 hours per day. She is a trusted and valuable employee, and, in addition to her other duties, handles matters of a particularly confidential nature.

This position, if carried into the statutory salaries for my office, will in no wise increase the appropriation as it is now paid from a lump-sum appropriation, and the transfer will result simply in eliminating her salary from that appro-priation, and therefore impose no additional burden on the Government.

The net result of the above-mentioned changes is, therefore, a saving of $1,900 per annum-that is, the difference between the additional amounts added to the salaries of the private secretary and assistant to the Attorney General and the appointment clerk, $1,700, and the four positions at $900, viz: $3,600 eliminated from the estimates.

As first stated herein, there have been eliminated two positions at $900, total $1,800, from the Division of Accounts. I have directed that $1,000 of this amount be added to the salary of the Chief of the Division of Accounts and $300 to the salary of the chief bookkeeper and record clerk, but changing the title of the latter to section chief, and also that $500 be added to the remaining $900 position carried in the appropriation for the current fiscal year, so as to make that position $1,400. This will eliminate from the appropriation for the Division of Accounts all salaries below $1,200. I have done this because we are unable to secure the services of clerks who are competent to discharge the duties of auditors in connection with the examination and audit of the accounts of the United States attorneys, marshals, clerks, commissioners, etc., for less than $1,200 per annum, and it is a waste of money to employ persons for these positions at less compensation. The work of the two positions so eliminated may be said to have been taken over in additional services rendered by the chief of the division and the chief bookkeeper and record clerk.

The position of chief is filled by Mr. John D. Harris, who has been in the service of the Department of Justice for upwards of 18 years. He is a man of unusual qualifications, and his knowledge of the practice and procedure of the courts, the taxation of costs, the keeping of records, etc., and of the laws and decisions with respect to disbursement of moneys, and the fiscal affairs generally of the Government are of untold value in this department. He has received an increase in salary of only $500 in the last 15 years, arising from the fact that the positions he filled were statutory and the salaries thereof fixed by law. Mr. Harris renders services on an average of more than 10 hours per day and is at the office on each Sunday and holiday, and I think that upon the basis of his knowledge and experience, his long years of service, and especial competency he should receive the increase submitted in the estimates.

The position of chief bookkeeper and record clerk is filled by Mr. H. J. McClure, who has been employed in this department for 15 years. He is the first assistant of the chief and is designated to act as chief in the absence of the latter, and is an exceptionally valuable employee. Mr. McClure is justly entitled to the $300 increase provided for in the estimates, and I trust that the same may be allowed.

On the basis of the salaries so increased, viz: $1,000, $300, and $500, as indicated above, total $1,800, there is no increase in the total of the estimates for the Division of Accounts, inasmuch as two positions aggregating $1,800 carried in current appropriations were eliminated, as stated above.

There is one additional matter-that is, a position of attorney at $2,500, which is now assigned from the Attorney General's roll to the Division of Accounts. I have eliminated this position from the office of the Attorney General and have transferred it to the Division of Accounts and changed the title to section chief. This, of course, involves no additional appropriation and is simply a transfer of positions in the interest of good organization.

Respectfully,

Hon JAMES W. HUSTED,

H. M. DAUGHERTY, Attorney General.
FEBRUARY 6, 1922.

Chairman Subcommittee on Appropriations for the Department of Justice,

House of Representatives.

MY DEAR MR. HUSTED: I have the honor to inclose herewith a copy of my letter of September 14, 1921, to the Hon. Charles G. Dawes, Director of the Bureau of the Budget, which was transmitted with the estimates of this department for the fiscal year ending June 30, 1923.

You will note on page 2 thereof a recommendation for an increase in the salary of the private secretary from $3,600 to $4,800 per annum. This recommendation was largely personal to Mr. W. Frank Gibbs, the then incumbent of the position, and was made because of his exceptional ability and the voluminous mass of duties which he was called upon to perform. There has been, since that date, a reorganization of the department, by which a large portion of the duties of the private secretary were transferred to an Assistant Attorney General, and Mr. Gibbs has been transferred to other employment in the department. Inasmuch as the position does not now, because of the above-mentioned reorganization, require a like degree of ability or involve the voluminous duties which Mr. Gibbs was called upon to perform, I wish to withdraw my recommendation as to the increase in the compensation of the "private secretary and assistant to the Attorney General and substitute therefor my earnest recommendation for a like increase from $3,600 to $4,800 per annum in the compensation of the attorney in charge of pardons. Mr. James A. Finch, the pardon attorney, has rendered long, faithful, efficient, and particularly valuable services in a difficult position, demanding special qualifications of an exceptionally high order. The utmost skill, sound judgment, the most delicate sense of propriety and diplomacy in dealing with persons closely related to prisoners or deeply interested in applications for pardon, and a highly developed capacity for equitably weighing the data presented in support of such applications, are all essential qualifications for this position and are possessed by Mr. Finch in a very high degree.

In addition to the foregoing I am particularly interested in the recommended increase in the salary of Mr. John D. Harris, chief of the Division of Accounts, from $3,000 to $4,000 per annum, special reference to which is made on page 5 of the letter to Gen. Dawes. While the facts stated in said letter, in my opinion, fully warranted this recommendation at the time it was included in the estimates, they are greatly enhanced at the present time for the reason that to comply with the desires of Congress in the matter of the conservation of the appropriations and curtailment of the expenses of this department, I found it necessary to place the control of authorizations for commitments and disbursements in Mr. Harris's charge. This has increased his duties enormously and makes him practically comptroller of the department in connection with the expenditure of its appropriations, aggregating approximately $18,000,000.

I am personally interested in each of the above-mentioned officials and trust that the committee will see its way clear to include the increases requested for them in the bill to be submitted to the House.

The reorganization of the department heretofore referred to eliminates the necessity for an assistant private secretary at $2,500 per annum, mentioned on page 3 of the letter to Gen. Dawes, and I shall be glad if the committee will consider that request as withdrawn.

I should like also to see the other increases, changes, and provisions mentioned in the letter incorporated in the appropriations for next year, but, as stated above. I am particularly interested in the increase in compensation for the pardon attorney and the Chief of the Division of Accounts.

It will be noted that upon the basis of the cancellation of the request for the new position of $2,500 for an assistant private secretary, the aggregate of the estimates for the office of the Attorney General and the Division of Accounts is $1,900 less than the amount appropriated for the current year. In this