Words "chief judge" were substituted for "chairman" for purposes of uniformity, in view of other similar changes in this title. Subsection (a) of section 1103 of title 26, U. S. C., 1940 ed., Internal Revenue Code, relating to a seal of The Tax Court, was omitted as more properly the subject of the rule making power of the court. The remainder of the section with respect to divisions, assignment of judges and quorum of judges was completely rewritten to conform with similar provisions as to other courts. See sections 46 and 254 of this title. Changes were made in phraseology. SECTION 275-SECTION REVISED Based on section 1104 of title 26, U. S. C., 1940 ed., Internal Revenue Code (Feb. 10, 1939, ch. 2, § 1104, 53 Stat. 159; Oct. 21, 1942, ch. 619, title V, § 504 (a), 56 Stat. 957). The last sentence of section 1104 of title 26, U. S. C., 1940 ed., Internal Revenue Code, providing "The Secretary of the Treasury shall provide the Board with suitable rooms in courthouses or other buildings when necessary for hearings by the Board, or any division thereof, outside the District of Columbia," was omitted as covered by sections 604 (a) (11) and 608 of this title, imposing that duty on the Director of the Administrative Office of the United States Courts. Changes were made in phraseology. SECTION 276-SECTION REVISED Based on section 1105 of title 26, U. S. C., 1940 ed., Internal Revenue Code (Feb. 10, 1939, ch. 2, § 1105, 53 Stat. 159; Oct. 21, 1942, ch. 619, title V, § 504 (a), 56 Stat. 957). Word "sessions" was substituted for "meetings" in conformity with similar provisions of this title. Changes were made in phraseology. SECTION 277-SECTION REVISED Based on section 1121 of title 26, U. S. C., 1940 ed., Internal Revenue Code (Feb. 10, 1939, ch. 2, § 1121, 53 Stat. 162; Oct. 21, 1942, ch. 619, title V. § 504 (a), 56 Stat. 957). The provision requiring publication "at the Government Printing information and use" was omitted as surplusage in view of section 111 of title 44, U. S. C., 1940 ed., Public Printing and Documents, which requires all Government printing to be done at the Government Printing Office unless specific exceptions are duly authorized. The provision for sale of such reports as other public documents I was likewise omitted as covered by sections 71, 72a, et seq. of title 44, U.S. C., 1940 ed., Public Printing and Documents, making complete and detailed provision for sale and exchange of public documents. Sec. CHAPTER 15. ASSIGNMENT OF JUDGES TO OTHER 291. Circuit judges. 292. District judges. COURTS 293. Circuit or district judges to Court of Customs and Patent Appeals. 294. Assignment of retired justices or judges to active duty. 295. Conditions upon designation and assignment. 236. Powers upon designation and assignment. SECTION 291-SECTION REVISED Based on title 28, U. S. C., 1940 ed., §§ 17, 22 (Mar. 3, 1911, ch. 231, §§ 13, 18, 36 Stat. 1089; Oct. 3, 1913, ch. 18, 38 Stat. 203; Sept. 14, 1922, ch. 306, §§ 3, 5, 42 Stat. 839; Mar. 2, 1929, ch. 488, § 1, 45 Stat. 1475; June 7, 1934, ch. 426, 48 Stat. 926; June 25, 1936, ch. 804, 49 Stat. 1921; Aug. 24, 1937, ch. 754, § 4, 50 Stat. 753; Dec. 29, 1942, ch. 835, § 1, 56 Stat. 1094). Section consolidates all provisions of sections 17 and 22 of title 28, U. S. C., 1940 ed., relating to designation and assignment of circuit judges. The revised section omits a reference to the Chief Justice contained in said section 22, since in exercising the powers under subsection (b), he acts as a circuit justice. Paragraph (d) of said section 17, making the section applicable to the United States Court of Appeals for the District of Columbia, is omitted since such court is included in this revision because the District of Columbia is made a separate circuit. (See section 41 of this title.) Provisions of said sections 17 and 22 authorizing the senior Associate Justice to act in the absence of the Chief Justice of the United States were omitted as surplusage in view of specific authority to so act in section 3 of this title. The words in said section 17 "for such time as the business of such district court may require," were omitted as inconsistent with the language of said section 22 of title 28, U. S. C., 1940 ed., which employed the words "the public interest requires" and "from time to time and until he shall otherwise direct." The revised section and sections 294 and 296 of this title make clear the power to make designation and assignment without any limitation of time, to revoke such designation and assignment and to make, from time to time, new designations and assignments. The term "chief judge" of the circuit was substituted for "senior circuit judge." (See reviser's note under section 136 of this title.) References in said sections 17 and 22 to retired judges were omitted as covered by section 294 of this title. Other provisions of said section 17 of title 28, U. S. C., 1940 ed., are incorporated in sections 292, 295 and 296 of this title. Other provisions of said section 22 of title 28, U. S. C., 1940 ed., are incorporated in section 296 of this title. Changes were made in phraseology and arrangement. SECTION 292-SECTION REVISED Based on title 28, U. S. C., 1940 ed., §§ 17, 21 and 216 (Mar. 3, 1911, ch. 231, §§ 13, 17, 120, 36 Stat. 1089, 1132; Sept. 14, 1922, ch. 306, § 3, 42 Stat. 839; Aug. 24, 1937, ch. 754, § 4, 50 Stat. 753; Dec. 29, 1942, ch. 835, § 1, 56 Stat. 1094). Section consolidates and simplifies all provisions of sections 17, 21 and 216 of title 28, U. S. C., 1940 ed., relating to designation and assignment of district judges. Term "chief judge" was substituted for "senior circuit judge," (See reviser's note under section 136 of this title.) Sections 17 and 21 of title 28, U. S. C., 1940 ed., were inconsistent insofar as the words "or in his absence, the circuit judges thereof," appearing in said section 17 were not in section 21, and the words "senior circuit judge then present in the circuit," appearing in section 21 were not in section 17. The revised section omits all such words and leaves designation of assignment to the chief judge of the circuit. If the chief judge is unable to perform his duties they devolve, under section 45 of this title, upon the circuit judge next in seniority of commission. The provision of said section 17, that designation of a district judge to another circuit should be from an adjacent circuit if practicable, was omitted as an unnecessary restriction on the discretion of the Chief Justice. Section 19 of title 28, U. S. C., 1940 ed., is omitted as unnecessary. It authorized the Chief Justice of the United States to designate and assign any district judge to a district upon receiving a certificate from the clerk of the district that all circuit judges and the circuit justice were absent from the circuit, or were unable to appoint a substitute judge for the district, or where the district judge actually designated was disabled or neglected to hold court. For omission of reference in said section 17 to senior Associate Justice, see reviser's note under section 291 of this title. Reference in said section 17 to retired judges were omitted as covered by section 294 of this title. Other provisions of said section 17 of title 28, U. S. C., 1940 ed., are incorporated in sections 291, 295, and 296 of this title. Other provisions of said section 216 of such title are incorporated in sections 45 and 47 of this title. Words "either in a district court or court of appeals" were inserted in subsection (c) as suggested by Hon. Learned Hand, Senior Circuit Judge of the Second Circuit. The revised section permits a district judge to be assigned directly to the circuit court of appeals of another circuit. Under existing law it has been assumed that he must be assigned to serve as a district judge in the other circuit and then designated to serve on the circuit court of appeals by that court in which his services are required. Many changes were made in phraseology. SECTION 293-SECTION REVISED Based on title 28, U. S. C., 1940 ed., § 301 (Mar. 3, 1911, ch. 231, § 188, 36 Stat. 1143; Mar. 2, 1929, ch. 488, § 1, 45 Stat. 1475). Section simplifies last sentence of section 301 of title 28, U. S. C., 1940 ed., and is in conformity with other designation and assignment provisions of this chapter. Other provisions of said section 301 of title 28, U. S. C., 1940 ed., are incorporated in sections 211-213, 215, and 296 of this title. This section transfers from the President to the Chief Justice of the United States the authority to designate and assign which is in conformity with sections 291 and 292 of this title. The words "he is willing to undertake" were added to make clear that such service is voluntary. The term "chief judge" was substituted for "presiding judge." (See reviser's note under section 136 of this title.) Changes were made in phraseology. SECTION 294-SECTION REVISED Based on title 28, U. S. C., 1940 ed., §§ 375, 375a, and 375f (Mar. 3, 1911, ch. 231, § 260, 36 Stat. 1161; Feb. 25, 1919, ch. 29, § 6, 40 Stat. 1157; Mar. 1, 1929, ch. 419, 45 Stat. 1422; Mar. 1, 1937, ch. 21, 50 Stat. 24; Feb. 11, 1938, ch. 25, 52 Stat. 28; Aug. 5, 1939, ch. 433, § 5, as added May 11, 1944, ch. 192, §§ 1-3, 58 Stat. 218, 219). Section consolidates those parts of sections 375, 375a, and 375f of title 28, U. S. C., 1940 ed., relating to designation and assignment of retired justices and judges. Other provisions of said sections 375 and 375a appear in sections 136, 371, and 756 of this title. The term "chief judge" was substituted for "presiding judge or senior judge." (See reviser's note under section 136 of this title.) Changes were made in phraseology. SECTION 295-SECTION REVISED Based on title 28, U. S. C., 1940 ed., §§ 17, 20 (Mar. 3, 1911, ch. 231, §§ 13, 16, 36 Stat. 1089; Sept. 14, 1922, ch. 306, § 3, 42 Stat. 839; Aug. 24, 1937, ch. 754, § 4, 50 Stat. 753; Dec. 29, 1942, ch. 835, §§ 1, 4, 56 Stat. 1094, 1095). This section consolidates and simplifies provisions of sections 17 and 20 of title 28, U. S. C., 1940 ed., relating to conditions upon designation and assignment as well as those applicable to filing, revoking and making new designations. Other provisions of section 17 of title 28, U. S. C., 1940 ed., are incorporated in sections 291, 292, and 296 of this title. The reference in said section 20 to senior Associate Judge was omitted. (See reviser's note under section 291 of this title.) The terms "chief judge" and "chief judge of a circuit" were substituted for "senior circuit judge". (See reviser's note under section 136 of this title.) The alternative provision for approval by the judicial council of the circuit was inserted to conform with section 332 of this title. Changes were made in phraseology. SECTION 296-SECTION REVISED Based on title 28, U. S. C., 1940 ed, §§ 17, 18, 22, 23, 301 (Mar. 3, 1911, ch. 231, §§ 13, 14, 18, 19, 188, 36 Stat. 1089, 1143; Oct. 3, 1913, ch. 18, 38 Stat. 203; Feb. 25, 1919, ch. 29, §§ 2, 5, 40 Stat. 1156, 1157; Sept. 14, 1922, ch. 306, §§ 3, 4, 5, 42 Stat. 839; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919; Mar. 2, 1929, ch. 488, § 1, 45 Stat. 1475; June 7, 1934, ch. 426, 48 Stat. 926; June 25, 1936, ch. 804, 49 Stat. 1921; Aug. 24, 1937, ch. 754, § 4, 50 Stat. 753; Dec. 29, 1942, ch. 835, §§ 1, 2, 5, 6, 56 Stat. 1094, 1095). Section simplifies provisions of sections 17, 18, paragraphs (b) and (c) of section 22, and sections 23 and 301 of title 28, U. S. C., 1940 ed., relating to powers and duties of designated judges. Other provisions of said sections 17 and 22 of title 28, U. S. C., 1940 ed., are incorporated in sections 291, 292, and 295 of this title. Other provisions of said section 301 of title 28, U. S. C., 1940 ed., are incorporated in sections 211-213, 215, and 293 of this title. Section is made applicable to retired justices of the Supreme Court by inclusion of reference to "justice," on the theory that a justice should have the same powers and duties and be subject to the same limitations as designated and assigned circuit and district judges. The second sentence of the revised section was substituted for the provision of section 18 of title 28, U. S. C., 1940 ed., which subjected circuit judges to the same assignments of duty as the circuit judges of the circuit to which they are designated and assigned. The revised section extends this requirement and makes it applicable to all designated and assigned judges. The provision in the last paragraph of said section 22 that the action of the assigned judge in writing filed with the clerk of court where the trial or hearing was held shall be valid as if such action had been taken by him within the district and within the period of his designation, was omitted as surplusage. See secton 295 of this title. Sec. CHAPTER 17. CONFERENCES AND COUNCILS 331. Judicial Conference of the United States. 332. Judicial councils. 333. Judicial conferences of circuits. SECTION 331-SECTION REVISED Based on title 28, U. S. C., 1940 ed., § 218 (Sept. 14, 1922, ch. 306, § 2, 42 Stat. 838; July 5, 1937, ch. 427, 50 Stat. 473). Provisions as to associate justice acting when Chief Justice is disabled are omitted as unnecessary in view of section 3 of this title giving senior associate justice power to act upon the disability of the Chief Justice. The provision of section 218 of title 28, U. S. C., 1940 ed., as to traveling expenses is incorporated in section 456 of this title. Provision as to time and place for holding conference was omitted as unnecessary since the Chief Justice is vested with discretionary power to designate the time and place under the language retained. The references to "chief judge" are in harmony with other sections of this title. (See reviser's note under section 136 of this title.) Provision for stated annual reports by the chief judge of the district was omitted as obsolete and unnecessary in view of sections 332 and 333 of this title. The last paragraph is new and is inserted to authorize the communication to Congress of information which now reaches that body only because incorporated in the annual report of the Attorney General. Numerous changes were made in phraseology and arrangement. |