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UNITED STATES REPORTS

VOLUME 314

CASES ADJUDGED

IN

THE SUPREME COURT

AT

OCTOBER TERM, 1941

FROM OCTOBER 6, 1941, TO AND INCLUDING JANUARY 5, 1942

ERNEST KNAEBEL

REPORTER

LAW LIBRARY

01983

UNIVERSITY OF CALIFORNIA Î
DAVIS

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1942

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

ERRATUM-312 U. S. 708, line 1, "673" should be 677.

H

REPRINTED IN TAIWAN

JUSTICES

OF THE

SUPREME COURT

DURING THE TIME OF THESE REPORTS

HARLAN FISKE STONE, CHIEF 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.
JAMES F. BYRNES, ASSOCIATE JUSTICE.2
ROBERT H. JACKSON, AssOCIATE JUSTICE.3

RETIRED

CHARLES EVANS HUGHES, CHIEF JUSTICE.
JAMES CLARK MCREYNOLDS, ASSOCIATE JUSTICE.
LOUIS D. BRANDEIS, ASSOCIATE JUSTICE."
GEORGE SUTHERLAND, ASSOCIATE JUSTICE.

FRANCIS BIDDLE, ATTORNEY GENERAL.5
CHARLES FAHY, SOLICITOR GENERAL."
CHARLES ELMORE CROPLEY, CLERK.
THOMAS ENNALLS WAGGAMAN, MARSHAL.

*Notes on p. IV.

III

NOTES

'Mr. Justice Stone was nominated by President Roosevelt on June 12, 1941, to be Chief Justice; the nomination was confirmed by the Senate on June 27, 1941; he was commissioned July 3, 1941, took the oath of office on that day, and took his seat October 6, 1941.

'Senator James F. Byrnes, of South Carolina, was nominated by President Roosevelt on June 12, 1941, to be Associate Justice; the nomination was confirmed by the Senate the same day; he was commissioned June 25, 1941, took the oath of office July 8, 1941, and took his seat October 6, 1941.

'Attorney General Robert H. Jackson was nominated by President Roosevelt on June 12, 1941, to be Associate Justice; the nomination was confirmed by the Senate on July 7, 1941; he was commissioned July 11, 1941, took the oath of office the same day, and took his seat October 6, 1941.

*Mr. Justice Brandeis, who retired from active service February 13, 1939 (306 U. S. II), died in Washington, D. C., October 5, 1941. See post, p. VII.

"Solicitor General Biddle was nominated by President Roosevelt on August 25, 1941, to be Attorney General; the nomination was confirmed by the Senate on September 5, 1941; he was commissioned and took the oath September 5, 1941.

'Mr. Charles Fahy, of New Mexico, was nominated by President Roosevelt on October 29, 1941, to be Solicitor General; the nomination was confirmed by the Senate on November 13, 1941; he was commissioned November 15, 1941, and took the oath on November 17, 1941.

IV

SUPREME COURT OF THE UNITED STATES

ALLOTMENT OF JUSTICES

It is ordered that the following allotment be made of -he 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, OWEN J. ROBERTS, Associate Justice.

For the Fourth Circuit, HARLAN F. STONE, Chief Justice. For the Fifth Circuit, HUGO L. BLACK, Associate Justice. For the Sixth Circuit, STANLEY REED, Associate Justice. For the Seventh Circuit, JAMES FRANCIS BYRNES, Associate Justice.

For the Eighth Circuit, FRANK MURPHY, Associate Justice.

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

For the Tenth Circuit, FRANK MURPHY, Associate Justice.

For the District of Columbia, HARLAN F. STONE, Chief Justice.

October 14, 1941.

(For next previous allotment, see 313 U. S. p. IV.)

V

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