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VOLUME 329

CASES ADJUDGED

IN

THE SUPREME COURT

AT

OCTOBER TERM, 1946

FROM OCTOBER 7, 1946 THROUGH FEBRUARY 3, 1947

WALTER WYATT

REPORTER

UNITED STATES
GOVERNMENT PRINTING OFFICE

WASHINGTON : 1947

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

Washington, D.C. 20402 - Price $4

OF THE
SUPREME COURT

DURING THE TIME OF THESE REPORTS.

FRED M. VINSON, CHIEF JUSTICE."
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.
WILEY RUTLEDGE, ASSOCIATE JUSTICE.
HAROLD H. BURTON, AssOCIATE JUSTICE.

RETIRED ?
CHARLES EVANS HUGHES, CHIEF JUSTICE.

TOM C. CLARK, ATTORNEY GENERAL.
J. HOWARD MCGRATH, SOLICITOR GENERAL.”
CHARLES ELMORE CROPLEY, CLERK.
THOMAS ENNALLS WAGGAMAN, MARSHAL.

1 The Honorahle Fred M. Vinson of Kentucky, Secretary of the Treasury, was nominated by President Truman on June 6, 1946, to be Chief Justice of the United States; the nomination was confirmed by the Senate on June 20, 1946; he was commissioned on June 21, 1946, took the oaths of office at the White House on June 24, 1946, and entered immediately upon the performance of the duties of the office. See post, p. v.

* Associate Justice James Clark McReynolds, retired, died on August 24, 1946. See post, p. VII.

3 The Honorable J. Howard McGrath, Solicitor General, resigned effective at the close of business on October 7, 1946. During the vacancy in the office, the duties of the Solicitor General were performed, at the direction of the Attorney General, by the Honorable George T. Washington, Assistant Solicitor General, who signed government briefs and appeared as “Acting Solicitor General."

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, ROBERT H. JACKSON, Associate Justice.

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

For the Fourth Circuit, FRED M. VINSON, 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, FRED M. Vinson, Chief Justice.

October 14, 1946.

(For next previous allotment, see 328 U. S. p. iv.)

APPOINTMENT OF MR. CHIEF JUSTICE VINSON.

SUPREME COURT OF THE UNITED STATES.

MONDAY, OCTOBER 7, 1946.

Present: MR. CHIEF JUSTICE VINSON, MR. JUSTICE BLACK, MR. JUSTICE REED, MR. JUSTICE FRANKFURTER, MR. JUSTICE DOUGLAS, MR. JUSTICE MURPHY, MR. JUSTICE JACKSON, MR. JUSTICE RUTLEDGE, and MR. JUSTICE BURTON.

MR. JUSTICE Black said:

The President, with the advice and consent of the Senate, has appointed Fred M. Vinson, of Kentucky, to be Chief Justice of the United States. He has presented his commission which will be filed, together with his oaths which he has previously taken in the forms prescribed by law.

The commission of MR. CHIEF JUSTICE VINSON is in the words and figures following, viz:

HARRY S. TRUMAN,
PRESIDENT OF THE UNITED STATES OF AMERICA,

To all who shall see these Presents, Greeting:

Know Ye; That reposing special trust and confidence in the Wisdom, Uprightness, and Learning of Fred M. Vinson, of Kentucky I have nominated, and, by and with the advice and consent of the Senate, do appoint him Chief

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