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VOLUME 327

CASES ADJUDGED

IN

THE SUPREME COURT

AT

OCTOBER TERM, 1945

FROM JANUARY 29, 1946, TO AND INCLUDING (IN PART)
APRIL 22, 1946

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For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, D.C.

ERRATUM.-278 U. S. 48, line 9, "§ 1901" should be "§ 1091".

REPRINTED IN TAIWAN

JUSTICES

OF THE

SUPREME COURT

DURING THE TIME OF THESE REPORTS.

HARLAN FISKE STONE, CHIEF JUSTICE.1
HUGO L. BLACK, ASSOCIATE JUSTICE.
STANLEY REED, ASSOCIATE JUSTICE.
FELIX FRANKFURTER, ASSOCIATE JUSTICE.
WILLIAM O. DOUGLAS, ASSOCIATE JUSTICE.
FRANK MURPHY, ASSOCIATE JUSTICE.
ROBERT H. JACKSON, ASSOCIATE JUSTICE.2
WILEY RUTLEDGE, ASSOCIATE JUSTICE.
HAROLD H. BURTON, ASSOCIATE JUSTICE.

RETIRED

CHARLES EVANS HUGHES, CHIEF JUSTICE.
JAMES CLARK MCREYNOLDS, ASSOCIATE JUSTICE.

TOM C. CLARK, ATTORNEY GENERAL.

J. HOWARD MCGRATH, SOLICITOR GENERAL.
CHARLES ELMORE CROPLEY, CLERK.
THOMAS ENNALLS WAGGAMAN, MARSHAL.

1 Mr. Chief Justice Stone was stricken on the bench on April 22, 1946, and passed away during the evening of the same day. See post, p. v. Before he was stricken, he had delivered his dissenting opinions in Seas Shipping Co. v. Sieracki, 328 U. S. 85, 103, and Girouard v. United States, 328 U. S. 61, 70, but not the opinions of the Court in Heiser v. Woodruff, post, p. 726; United States v. Rice, post, p. 742; and Swanson v. Marra Bros., 328 U. S. 1, which he had written and which were announced by Mr. Justice Black prior to the death of the Chief Justice.

Mr. Justice Jackson was absent from the bench throughout the October Term, 1945.

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SUPREME COURT OF THE UNITED STATES.

ALLOTMENT OF JUSTICES.

It is ordered that the following allotment be made of the Chief Justice and Associate Justices of this Court among the Circuits, agreeably to the Acts of Congress in such case made and provided, and that such allotment be entered of record, viz:

For the First Circuit, FELIX FRANKFURTER, Associate Justice.

For the Second Circuit, STANLEY REED, Associate Justice.

For the Third Circuit, HAROLD H. BURTON, Associate Justice.

For the Fourth Circuit, HARLAN F. STONE, Chief Justice.

For the Fifth Circuit, HUGO L. BLACK, Associate Justice.

For the Sixth Circuit, STANLEY REED, Associate Justice. For the Seventh Circuit, FRANK MURPHY, Associate Justice.

For the Eighth Circuit, WILEY RUTLEDGE, Associate Justice.

For the Ninth Circuit, WILLIAM O. DOUGLAS, Associate Justice.

For the Tenth Circuit, WILEY RUTLEDGE, Associate Justice.

For the District of Columbia, HARLAN F. STONE, Chief Justice.

November 13, 1945.

(For the next previous allotment, see 326 U. S. p. v.)

DEATH OF MR. CHIEF JUSTICE STONE.

SUPREME COURT OF THE UNITED STATES.

TUESDAY, APRIL 23, 1946.

Present: MR. JUSTICE BLACK, MR. JUSTICE REED, MR. JUSTICE FRANKFURTER, MR. JUSTICE DOUGLAS, MR. JusTICE MURPHY, MR. JUSTICE RUTLEDGE, and MR. JUSTICE BURTON.

MR. JUSTICE BLACK said:

"Yesterday Chief Justice Harlan F. Stone passed away. His kindliness and courtesy endeared him to all of his brethren on the Court. His achievements as a lawyer won for him the respect and confidence of the American Bar. His distinguished service to this Court and to our country earned for him a high place in the affection and admiration of all the people of the Nation. Funeral ceremonies will be conducted at the Washington Cathedral Thursday at 2 p. m. Out of respect to his memory this Court will now recess until Monday, April 29, at 12 noon."

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