Skip to content

Volume 52 · 585

Public Law 75–290

To provide for the appointment of additional judges for certain United States district courts, circuit courts of appeals, and certain courts of the United States for the District of Columbia.

Approved May 31, 1938

Statutory text

AN ACT

To provide for the appointment of additional judges for certain United States district courts, circuit courts of appeals, and certain courts of the United States for the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the President is authorized to appoint, by and with the advice and consent of the Senate, four additional circuit judges, one for each of the following judicial circuits: Second, fifth, sixth, and seventh.

Sec. 2.

The President is authorized to appoint, by and with the advice and consent of the Senate, one additional associate justice of the United States Court of Appeals for the District of Columbia.

Sec. 3.

Section 2 of the Act entitled “An Act authorizing the

Third circuit, filling of vacancy.

49 Stat. 1903.

28 U. S. C., Supp. III, § 213d–1.

Additional district judges.

appointment of an additional circuit judge for the third circuit”, approved June 24, 1936 (49 Stat. 1903), is hereby repealed.

Sec. 4.

The President is authorized to appoint, by and with the advice and consent of the Senate, twelve additional district judges, as follows:

(a)

One district judge for each of the following districts: Western

One for each of districts designated.

district of Louisiana, southern district of Texas, eastern district of Michigan, western district of Washington, northern district of Illinois, western district of Virginia;

(b)

One district judge for the southern district of California, whose

California southern; residence at Fresno.

official residence shall be Fresno;

(c)

One district judge for the northern district of California,

California northern; residence at Sacramento.

New York southern.

whose official residence shall be Sacramento;

(d)

One district judge for the southern district of New York:

Proviso,

First vacancy occurring not to be filled.

Provided, That the first vacancy occurring in the office of district

Proviso.

First vacancy occurring not to be filled.

judge for the southern district of New York by the retirement, disqualification, resignation, or death of judges in office on the date of enactment of this Act shall not be filled;

(e)

One district judge for the district of Massachusetts: Provided,

Massachusetts.

Proviso.

First vacancy occurring not to be filled.

That the first vacancy occurring in the office of district judge for the district of Massachusetts by the retirement, disqualification, resignation, or death of judges in office on the date of enactment of this Act shall not be filled;

(f)

One district judge for each of the following combinations of

Designated combinations of districts.

districts: Eastern and western districts of Arkansas, eastern and middle districts of Tennessee: Provided, That no successor shall be

Proviso.

No successor. Tennessee eastern and middle districts.

appointed to be judge for the eastern and middle districts of Tennessee.

Sec. 5.

The President is authorized to appoint, by and with the

U. S. District Court for District of Columbia, additional associate justices.

advice and consent of the Senate, three additional associate justices of the District Court of the United States for the District of Columbia.

Sec. 6.

That any vacancy which may occur at any time in the office

Montana, filling of vacancy.

of United States district judge for the district of Montana created by the Act of September 14, 1922 (42 Stat. 837), is hereby authorized to

42 Stat. 837.

28 U. S. C. § 3.

be filled.

Approved, May 31, 1938.

Parsed from the official Statutes at Large USLM XML in 52.xml