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COPYRIGHT, 1910, BY

THE BANKS LAW PUBLISHING COMPANY

REPRINTED IN TAIWAN

OF THE

SUPREME COURT

DURING THE TIME OF THESE REPORTS.

MELVILLE WESTON FULLER,2 CHIEF JUSTICE.
JOHN MARSHALL HARLAN, ASSOCIATE JUSTICE.
DAVID JOSIAH BREWER, ASSOCIATE JUSTICE.
EDWARD DOUGLASS WHITE, ASSOCIATE JUSTICE.
RUFUS W. PECKHAM, ASSOCIATE JUSTICE.
JOSEPH MCKENNA, ASSOCIATE JUSTICE.

OLIVER WENDELL HOLMES, ASSOCIATE JUSTICE.
WILLIAM R. DAY, ASSOCIATE JUSTICE.

WILLIAM HENRY MOODY," ASSOCIATE JUSTICE.
HORACE HARMON LURTON, ASSOCIATE JUSTICE.

GEORGE WOODWARD WICKERSHAM, ATTORNEY GENERAL.
LLOYD WHEATON BOWERS, SOLICITOR GENERAL.

JAMES HALL MCKENNEY, CLERK.

JOHN MONTGOMERY WRIGHT, MARSHAL.

1 For allotment of THE CHIEF JUSTICE and Associate Justices among the several circuits see next page.

2 THE CHIEF JUSTICE died July 4, 1910, at his home in Sorrento, Maine, during vacation. He was buried in Chicago, Illinois. The proceedings on his death will appear in a subsequent volume.

3 MR. JUSTICE BREWER died at his home in Washington, D. C., on March 28, 1910, while the court was in recess. He was buried at Leavenworth, Kansas. The proceedings on his death will appear in Vol. 218 U. S. Reports. On April 25, 1910, President Taft appointed Charles Evans Hughes of New York, and Governor of that State, to succeed MR. JUSTICE BREWER, deceased; he was confirmed by the Senate on May 2, 1910, but did not qualify or take his seat on the bench during October Term, 1909.

+ MR. JUSTICE PECKHAM did not take his seat on the bench during October Term, 1909. He died at his home in Altamont near Albany, New York, on Sunday, October 24, 1909. See p. v, 215 U. S. Reports.

5 MR. JUSTICE MOODY was absent from the court on account of illness and did not take his seat upon the bench during October Term, 1909, and did not participate in the decision of any of the cases reported in this volume which were argued or submitted during that Term.

MR. JUSTICE LURTON of Tennessee was appointed to succeed MR. JUSTICE PECKHAM by President Taft and confirmed by the Senate, December 20, 1909. He took his seat on the bench January 3, 1910, but took no part in the decision of cases reported in this volume which were argued or submitted prior to that date.

SUPREME COURT OF THE UNITED STATES.

ALLOTMENT OF JUSTICES, JANUARY 10, 1910.1

ORDER: There having been an Associate Justice of this court appointed since the commencement of this 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, Associate Justice.

For the Second Circuit. Horace H. Lurton, Associate Justice.

For the Third Circuit, William H. Moody, Associate Justice. For the Fourth Circuit, Melville W. Fuller, Chief Justice. For the Fifth Circuit, Edward D. White, Associate Justice. For the Sixth Circuit, John M. Harlan, Associate Justice. For the Seventh Circuit, William R. Day, Associate Justice. For the Eighth Circuit, David J. Brewer, Associate Justice. For the Ninth Circuit, Joseph McKenna, Associate Justice.

1 For the last preceding allotment see 214 U. S. iv.

TABLE OF CONTENTS.

TABLE OF CASES REPORTED.

American National Bank of Washington v. Tappan.
Archer v. Fidelity Trust & Safe Deposit Company
Arkansas, St. Louis Southwestern Railway Com-

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Armour Packing Company, Smith v.

Atchison, Topeka & Santa Fe Railway Company v.
Hamble

Atchison, Topeka & Sante Fe Railway Company,

United States v.

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Bank (Am. Nat. of Washington), v. Tappan

Bank (Citizens Nat.) v. Commonwealth of Ken-

tucky for the use and benefit of Boyle County.

Bank (Fourth St. Nat.) v. Taylor.

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