HEARINGS

BEFORE THE

COMMITTEE ON EXPENDITURES IN THE

DEPARTMENT OF JUSTICE

HOUSE OF REPRESENTATIVES

ON

HOUSE RESOLUTION NO. 103

TO INVESTIGATE THE EXPENDITURES IN THE

DEPARTMENT OF JUSTICE

JULY 19 AND 21, 1911

WASHINGTON

GOVERNMENT PRINTING OFFICE

COMMITTEE ON EXPENDITURES IN THE DEPARTMENT OF JUSTICE.

[Committee room No. 286, House Office Building. Telephone, 583. Meets on call of

chairman.]

JACK BEALL, Chairman.

JNO. E. HOLLINGSWORTH, Clerk.

EXPENDITURES IN THE DEPARTMENT OF JUSTICE.

THE COMMITTE ON EXPENDITURES
IN THE DEPARTMENT OF JUSTICE,
HOUSE OF REPRESENTATIVES,
Wednesday, July 19, 1911.

The committee this day met, Hon. Jack Beall (chairman) presiding.

STATEMENT OF MR. MARION ERWIN.

(The witness was duly sworn by the chairman.)

The CHAIRMAN. Please give the reporter your full name.
Mr. ERWIN. Marion Erwin.

The CHAIRMAN. Where do you live?

Mr. ERWIN. Macon, Ga.

The CHAIRMAN. How long have you lived in Georgia?

Mr. ERWIN. Since I was a boy. I was born in South Carolina, and went as a boy to Georgia, and have lived there ever since.

The CHAIRMAN. You are an attorney, I believe, Mr. Erwin?
Mr. ERWIN. Yes, sir; I am attorney at law.

The CHAIRMAN. How long have you been a practicing attorney?
Mr. ERWIN. Since 1882.

The CHAIRMAN. Where did you begin the practice of your profession?

Mr. ERWIN. At Savannah, Ga.

The CHAIRMAN, How long did you continue in active practice there?

Mr. ERWIN. Until I moved to Macon, Ga. I moved to Macon, Ga., about 1887.

The CHAIRMAN. You practiced at Savannah from 1882 to 1887? Mr. ERWIN. Yes, sir.

The CHAIRMAN. And then you removed to Macon, Ga.?

Mr. ERWIN. Yes, sir.

The CHAIRMAN. Have you continued to reside there?
Mr. ERWIN. Yes, sir.

The CHAIRMAN. What official position do you hold?

Mr. ERWIN. I am the United States attorney for the southern district of Georgia. I also hold a special appointment as assistant to the Attorney General for the conduct of certain cases for the Government.

The CHAIRMAN. When were you first appointed United States district attorney?

Mr. ERWIN. I was first appointed United States district attorney in 1889. I have not held that office continuously since that time. I was reappointed during President McKinley's administration.

The CHAIRMAN. His first adminstration, beginning in 1897?

Mr. ERWIN. Yes, sir. Shortly after his first administration went in I was appointed district attorney, and I have held that office since that time.

The CHAIRMAN. You held it during the four years of Mr. Harrison's administration?

Mr. ERWIN. Yes, sir.

The CHAIRMAN. And beginning again in 1897, under Mr. McKinley's first administration?

Mr. ERWIN. I do not know that I went in exactly in 1897, but it was during his administration, as soon as the term of my predecessor expired.

The CHAIRMAN. And you have held it continuously since that time? Mr. ERWIN. Yes, sir.

The CHAIRMAN. How large a district is that?

Mr. ERWIN. It embraces about two-thirds of the State of Georgia. The CHAIRMAN. How many places do you have court?

Mr. ERWIN. Court is held in Macon, Ga.; Augusta, Ga.; Savannah, Ga.; Valdosta, Ga.; and Albany, Ga. They have not held court at all of those points during all of that period, but they are now holding court at those points.

The CHAIRMAN. Your courts meet in five places, I believe?
Mr. ERWIN. That is correct.

The CHAIRMAN. In that district?

Mr. ERWIN. Yes, sir.

The CHAIRMAN. How has the business of that district been-light or heavy-the portion of the business with which you were connected as the United States district attorney?

Mr. ERWIN. That, of course, is a comparative question, requiring comparison with some other district. Take the northern district of Georgia, for instance; they have more moonshine cases in the northern district of Georgia than we have in the southern district, although there has been a large number of moonshine cases, principally from the mountainous section of my district, the northwestern part of the district; but, in general, take cases of other classes and I think probably we have had cases of larger importance at times in our district than in the other. Of course, when you come to what we call internalrevenue or moonshine cases, they are cases of comparatively small import in regard to the time it takes to try them or importance in other ways. Cases of different character require much longer time and involve probably greater issues at times.

The CHAIRMAN. During the period of your first appointment, beginning in 1889, what salary did you receive as district attorney? Mr. ERWIN. The office was on fees at that time.

The CHAIRMAN. The office was altogether on fees?

Mr. ERWIN. Yes, sir.

The CHAIRMAN. Do you know how much those fees would amount to annually?

Mr. ERWIN. I could not answer accurately now; it has been so many years ago.

The CHAIRMAN. Did you make any report?

Mr. ERWIN. Yes, sir. Accounts were rendered. In adjusting the salaries by Congress after fees it was averaged up, I believe, as $3,500 as a reasonable compensation.

The CHAIRMAN. Since you were reappointed during the McKinley administration you have been receiving $3,500 a year? Mr. ERWIN. Yes, sir.

The CHAIRMAN. When did you first have an assistant?

Mr. ERWIN. I had an assistant from the beginning of the McKinley administration.

The CHAIRMAN. From the beginning of the McKinley administration?

Mr. ERWIN. Yes, sir.

The CHAIRMAN. Did you have an assistant during the Harrison administration?

Mr. ERWIN. During the Harrison administration I did not have an

assistant.

The CHAIRMAN. Why was an assistant district attorney appointed in that district?

Mr. ERWIN. I believe I am not so certain whether he was appointed during part of the Harrison administration-no; it was during the beginning of the McKinley administration. Why the necessity for an assistant?

The CHAIRMAN. Yes, sir.

Mr. ERWIN. To begin with, the number of places of holding court. made a difference; they increased the number. When I was first appointed they only held court at two places, Savannah and Macon. They increased the number of places of holding court and the business in a certain sense became greater, requiring more labor and more time when it had to be divided up at different places, and in general, you might say, the business grew out of another situation. There was a time previously when we did not have a judge, and when we did not have a judge down there the business fell away to a certain extent. After we got a permanent judge and the cases could be tried business grew to a greater extent. Another thing is, the district itself developed immensely in population and towns sprung up all over the district. You see, it embraces the southern portion of the State and the clearing out of the lumber district, the timber lands, the settlement of people in the southern portion, the building of railroads, the opening up of post offices all through the country, really shifted the center of population in Georgia to southern Georgia.

The CHAIRMAN. Taking all these causes into combination, a condition was brought about that made it impossible for you alone to look after the business of the district, as I understand it, the necessities of the situation required the appointment of an assistant?

Mr. ERWIN. The proper conduct of the public business required the appointment of an assistant. I do not say "impossible," because impossible is a pretty strong word.

The CHAIRMAN. The proper conduct of the public business required the appointment of an assistant?

Mr. ERWIN. Yes, sir.

The CHAIRMAN. After the assistant was appointed, did the business of the office require your attention as well as the attention of the assistant, or the attention of the assistant as well as your attention?

Mr. ERWIN. Yes, sir.

The CHAIRMAN. It occupied the time of both of you?