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VOLUME 310

CASES ADJUDGED

IN

THE SUPREME COURT

AT

OCTOBER TERM, 1939

FROM APRIL 22, 1940 (CONCLUDED) TO AND INCLUDING

JUNE 3, 1940 (END OF TERM)

ERNEST KNAEBEL

REPORTER

LAW LIBRARY

AUG 1 0 1983

UNIVERSITY OF CALIFORNIA

DAVIS

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON : 1940

For sale by the Superintendent of Documents, Washington, D.C

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ERRATUM.

299 U. S., p. 231, Note 28, line 4. Reference to Note 13 should be to Note 19.

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REPRINTED IN TAIWAN

JUSTICES

OF THE

SUPREME COURT

DURING THE TIME OF THESE REPORTS

CHARLES EVANS HUGHES, CHIEF JUSTICE.
JAMES CLARK McREYNOLDS, ASSOCIATE JUSTICE.
HARLAN FISKE STONE, ASSOCIATE JUSTICE.
OWEN J. ROBERTS, ASSOCIATE JUSTICE.
HUGO L. BLACK, ASSOCIATE JUSTICE.
STANLEY REED, ASSOCIATE JUSTICE.
FELIX FRANKFURTER, ASSOCIATE JUSTICE.
WILLIAM O. DOUGLAS, ASSOCIATE JUSTICE.
FRANK MURPHY, ASSOCIATE JUSTICE.

RETIRED

WILLIS VAN DEVANTER, ASSOCIATE JUSTICE.
LOUIS D. BRANDEIS, ASSOCIATE JUSTICE.
GEORGE SUTHERLAND, AssociATE JUSTICE.

ROBERT H. JACKSON, ATTORNEY GENERAL.
FRANCIS BIDDLE, SOLICITOR GENERAL.
CHARLES ELMORE CROPLEY, CLERK.
THOMAS ENNALLS WAGGAMAN, MARSHAL.

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, HARLAN F. STONE, Associate Justice.

For the Third Circuit, OWEN J. ROBERTS, Associate Justice.

For the Fourth Circuit, CHARLES EVANS HUGHES, Chief Justice.

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

For the Sixth Circuit, JAMES C. McREYNOLDS, Associate Justice.

For the Seventh Circuit, FRANK MURPHY, Associate Justice.

For the Eighth Circuit, STANLEY REED, Associate Justice.

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

For the Tenth Circuit, STANLEY REED, Associate Justice.

For the District of Columbia, CHARLES Evans HUGHES, Chief Justice.

February 12, 1940.

(For next previous allotment, see 308 U. S. p. iv.)

IN MEMORY OF MR. JUSTICE BUTLER.

Members of the Bar of the Supreme Court, and Officers of the Court, met in the Court Room, on January 27, 1940, to commemorate the high character and service of Mr. Justice Butler, who died in Washington, D. C., November 16, 1939.1

The meeting was called to order by Mr. Solicitor General Biddle.

Mr. Biddle said:

“This meeting of the Bar of the Supreme Court of the United States is called in commemoration of the late Mr. Justice Butler, who died on November 16, 1939. He had not sat since June 5th of that year, the last day of the term, when, in the absence of the Chief Justice and of Mr. Justice McReynolds, he presided over the Court.

"Justice Butler was born six years after the Civil War, and grew up in Minnesota during the reconstruction period, and in the vigorous and unregulated thrust of immense material expansion. He was self-made, working his way through Carleton College by teaching; admitted to the bar when he was twenty-two; serving as Assistant County Attorney, County Attorney and Special Assistant to the State Attorney General. When President Harding appointed him to the bench in 1922, his firm was one of the leading law offices in St. Paul. He was a regent of the University of Minnesota for more than fifteen years.

See 308 U. S. pp. III and V.

2 The members of the Committee on Arrangements for this meeting were: The Solicitor General, Chairman; and Messrs. Frank J. Hogan, J. Harry Covington, Charles Warren, and Seth W. Richardson, all of Washington, D. C.

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