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UNITED STATES REPORTS

VOLUME 257

CASES ADJUDGED

IN

THE SUPREME COURT

AT

OCTOBER TERM, 1921

FROM OCTOBER 3, 1921
TO AND INCLUDING, IN PART, FEBRUARY 27, 1922

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"The price of this volume is fixed under the Act of July 1, 1922 (Public No. 272), at $2.15 per copy, delivered. Sold by the Superintendent of Documents, Government Printing Office, Washington, D. C.

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JUSTICES

OF THE

SUPREME COURT

DURING THE TIME OF THESE REPORTS.1

WILLIAM HOWARD TAFT, CHIEF JUSTICE,
JOSEPH MCKENNA, ASSOCIATE JUSTICE.
OLIVER WENDELL HOLMES, ASSOCIATE JUSTICE.
WILLIAM R. DAY, ASSOCIATE JUSTICE.
WILLIS VAN DEVANTER, ASSOCIATE JUSTICE.
MAHLON PITNEY, ASSOCIATE JUSTICE.
JAMES CLARK McREYNOLDS, ASSOCIATE JUSTICE.
LOUIS D. BRANDEIS, ASSOCIATE JUSTICE.
JOHN H. CLARKE, ASSOCIATE JUSTICE.

HARRY M. DAUGHERTY, ATTORNEY GENERAL.
JAMES M. BECK, SOLICITOR GENERAL.
WILLIAM R. STANSBURY, CLERK.3
FRANK KEY GREEN, MARSHAL.

*For allotment of The Chief Justice and Associate Justices among the several circuits, see next page.

2 On June 30, 1921, President Harding nominated William Howard Taft of Connecticut to succeed Mr. Chief Justice White, deceased; he was confirmed by the Senate on the same day; he took the oath of office July 11, 1921; the judicial oath was administered, and he took his seat upon the bench, at the opening of the October Term, 1921.

8 On October 4, 1921, by order of the court, William R. Stansbury of the District of Columbia was appointed clerk of the court in the place of James D. Maher, deceased. On October 10, 1921, by order of the court, Philander R. Stansbury of Maryland was appointed deputy clerk, and C. Elmore Cropley of the District of Columbia was appointed an additional deputy clerk.

of James D. Maumbia was appointcourt, William R. Sim, 1921.

III

1

1

SUPREME COURT OF THE UNITED STATES.

OCTOBER TERM, 1921.'

ORDER OF ALLOTMENT OF JUSTICES.

There having been a Chief Justice of this court appointed since the adjournment of the last term,

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 act of Congress in such case made and provided, and that such allotment be entered of record, viz: For the First Circuit, OLIVER WENDELL HOLMES, Asso

ciate Justice.
For the Second Circuit, Louis D. BRANDEIS, Associate

Justice.
For the Third Circuit, MAHLON PITNEY, Associate

Justice.
For the Fourth Circuit, WILLIAM H. TAFT, Chief

Justice.
For the Fifth Circuit, J. C. McREYNOLDS, Associate

Justice.
For the Sixth Circuit, WILLIAM R. DAY, Associate

Justice.
For the Seventh Circuit, John H. CLARKE, Associate

Justice.
For the Eighth Circuit, WILLIS VAN DEVANTER, Asso-

ciate Justice.
For the Ninth Circuit, JOSEPH McKENNA, Associate

Justice. October 24, 1921.

*For next previous allotment see 256 U. S., p. iv.

IV

PROCEEDINGS ON THE DEATH OF CHIEF

JUSTICE WHITE.1

The Bar of the Supreme Court of the United States and the officers of the Court met in the court room in the Capitol on Saturday, December 17, 1921, at 12 o'clock noon.

On motion of Mr. FREDERIC D. McKENNEY, Mr. JOHN W. DAVIS was elected Chairman and Mr. WILLIAM R. STANSBURY, Clerk of the Court, Secretary.

On taking the Chair, Mr. Davis said:

“GENTLEMEN OF THE BAR: We are assembled to pay our tribute of respect to the memory of the late Chief Justice of the United States. To the elevation of his life and the distinction of his career we can add nothing by any word of ours, but our duty to the profession which we serve and in whose service his life also was spent would be left undone if we failed to place on record our estimate of his personal character and of his contribution to the jurisprudence of his country. After a lifetime of public service, closing with twenty-seven years upon the Supreme Court of the United States, he died in the occupancy of the highest post open to an American lawyer, and one which, in its singular power, is without parallel in this or perhaps in any other country. During his incumbency as Associate Justice and Chief Justice there came a development and expansion of the powers of the federal government and a resulting increase in the labors of the Court unsurpassed during any equal period in the history of the Republic. Two foreign wars brought with them problems of novel and untried extent which tested to the full the vigor of our governmental

1 See also volume 256 of these Reports, pp. v-vii.

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