UNITED STATES REPORTS VOLUME 397 CASES ADJUDGED IN THE SUPREME COURT AT OCTOBER TERM, 1969 FEBRUARY 24 THROUGH MAY 14, 1970 HENRY PUTZEL, jr. REPORTER OF DECISIONS LAW LIBRARY AUG 1 2 1983 UNIVERSITY OF CALIFORNIA UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1970 For sale by the Superintendent of Documents, U.S. Government Printing Office JUSTICES OF THE SUPREME COURT DURING THE TIME OF THESE REPORTS WARREN E. BURGER, CHIEF JUSTICE. HUGO L. BLACK, ASSOCIATE JUSTICE. JOHN M. HARLAN, ASSOCIATE JUSTICE. WILLIAM J. BRENNAN, JR., ASSOCIATE JUSTICE. BYRON R. WHITE, ASSOCIATE JUSTICE. RETIRED EARL WARREN, CHIEF JUSTICE. STANLEY REED, ASSOCIATE JUSTICE. TOM C. CLARK, ASSOCIATE JUSTICE. JOHN N. MITCHELL, ATTORNEY GENERAL. HENRY PUTZEL, jr., REPORTER OF DECISIONS. HENRY CHARLES HALLAM, JR., LIBRARIAN. SUPREME COURT OF THE UNITED STATES ALLOTMENT OF JUSTICES For the District of Columbia Circuit, WARREN E. BURGER, Chief Justice. For the First Circuit, WILLIAM J. BRENNAN, JR., Associate Justice. For the Second Circuit, JOHN M. HARLAN, Associate Justice. For the Third Circuit, WILLIAM J. BRENNAN, JR., Associate Justice. For the Fourth Circuit, WARREN E. BURGER, Chief Justice. For the Fifth Circuit, HUGO L. BLACK, Associate Justice. For the Sixth Circuit, POTTER STEWART, Associate Justice. For the Seventh Circuit, THURGOOD MARSHALL, Associate Justice. For the Eighth Circuit, BYRON R. WHITE, Associate Justice. For the Ninth Circuit, WILLIAM O. DOUGLAS, Associate Justice. For the Tenth Circuit, BYRON R. WHITE, Associate Justice. (For next previous allotment, see 389 U. S., p. v.) IV TRIBUTE TO MR. JUSTICE BLACK SUPREME COURT OF THE UNITED STATES THURSDAY, FEBRUARY 26, 1970 Present: MR. CHIEF JUSTICE BURGER, MR. JUSTICE BLACK, MR. JUSTICE DOUGLAS, MR. JUSTICE HARLAN, MR. JUSTICE BRENNAN, MR. JUSTICE STEWART, MR. JUSTICE WHITE, and MR. JUSTICE MARSHALL. THE CHIEF JUSTICE said: Before addressing ourselves to the regular duties of the Court, I have a privilege accorded me by my colleagues, or I should say six of them, and it is a privilege which gives me a great, great pleasure. This Court commonly does not take note of birthdays of Justices, but our Brother, JUSTICE HUGO BLACK, is a very uncommon man. Therefore we will break whatever precedents may be in the way to note today the birthday he will have tomorrow. There is no need, of course, to speak of the work of JUSTICE BLACK as a member of this Court or his impact on our times and on our country. That record is written in very nearly 100 volumes of this Court's United States Reports. Today we simply wish to take note, so that it may be recorded on the journal of the Court of the profound esteem and the very deep and warm affection that each of us bears for this very remarkable American. We wish you, MR. JUSTICE BLACK, many, many more years of the kind of health and vigor and wisdom with which the Lord so richly endowed you. In short, Happy Birthday, Sir. And, I may add, I am authorized by the Court to say this is unanimous; there are no dissents. |