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VOLUME 281

CASES ADJUDGED

IN

THE SUPREME COURT

AT

OCTOBER TERM, 1929
FROM FEBRUARY 24, 1930 (CONCLUDED)

TO AND INCLUDING JUNE 2, 1930

ERNEST KNAEBEL

REPORTER

LAW LIONA

10 1983

UNIVERSITY OF CALIFORNIA

DAVIS

UNITED STATES
GOVERNMENT PRINTING OFFICE

WASHINGTON: 1980

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

REPRINTED IN TAIWAN

OF THE

SUPREME COURT

1

DURING THE TIME OF THESE REPORTS

CHARLES EVANS HUGHES, CHIEF JUSTICE.*
OLIVER WENDELL HOLMES, ASSOCIATE JUSTICE.
WILLIS VAN DEVANTER, ASSOCIATE JUSTICE.
JAMES CLARK McREYNOLDS, ASSOCIATE JUSTICE.
LOUIS D. BRANDEIS, ASSOCIATE JUSTICE.
GEORGE SUTHERLAND, ASSOCIATE JUSTICE.
PIERCE BUTLER, ASSOCIATE JUSTICE.
EDWARD T. SANFORD, ASSOCIATE JUSTICE.'
HARLAN FISKE STONE, ASSOCIATE JUSTICE.
OWEN J. ROBERTS, ASSOCIATE JUSTICE.*

WILLIAM D. MITCHELL, ATTORNEY GENERAL.
CHARLES E. HUGHES, JR., SOLICITOR GENERAL.*
THOMAS D. THACHER, SOLICITOR GENERAL.-
CHARLES ELMORE CROPLEY, CLERK.
FRANK KEY GREEN, MARSHAL.

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

* Mr. Chief Justice Hughes took no part in the consideration or decision of any of the matters decided at this term that were argued or submitted before February 24, 1930.

* Mr. Justice Sanford died March 8, 1930. On May 9, 1930, President Hoover nominated Mr. Owen J. Roberts, of Pennsylvania. The nomination was confirmed by the Senate on May 20, 1930. The judicial oath was administered, and he took his seat upon the bench, on June 2, 1930.

* Mr. Charles E. Hughes, jr., tendered his resignation as Solicitor General on February 15, 1930, to take effect upon its acceptance by the President. On February 20, 1930, President Hoover nominated Mr. Thomas D. Thacher, of New York. The nomination was confirmed on March 22, 1930. Mr. Hughes's resignation was accepted April 17, 1930, and Mr. Thacher took the oath of office on that day.

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, OLIVER WENDELL HOLMES, AssoCIATE JUSTICE.

For the Second Circuit, HARLAN FISKE 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, Louis DEMBITZ BRANDEIS, AssoCIATE JUSTICE.

For the Sixth Circuit, JAMES C. McREYNOLDS, AssoCIATE JUSTICE.

For the Seventh Circuit, Willis Van DEVANTER, AssoCIATE JUSTICE.

For the Eighth Circuit, PIERCE BUTLER, ASSOCIATE JUSTICE.

For the Ninth Circuit, GEORGE SUTHERLAND, ASSOCIATE JUSTICE.

For the Tenth Circuit, WILLIS VAN DEVANTER, AssoCIATE JUSTICE.

June 2. 1930.

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The next preceding allotment (see 279 U. S., p. IV) was amended by order of March 12, 1930, assigning Mr. Chief Justice Hughes to the Fourth Circuit.

IV

SUPREME COURT OF THE UNITED STATES

MONDAY, MARCH 10, 1930

PRESENT: MR. JUSTICE HOLMES, MR. JUSTICE VAN DEVANTER, MR. JUSTICE BRANDEIS, and MR. JUSTICE SUTHERLAND.

MR. JUSTICE HOLMES said:

On Saturday, just as we were expecting him at a conference of the Justices, we were informed that our brother, MR. JUSTICE SANFORD, had become unconscious pending a slight operation. Five minutes later we received word that he was dead. Thus suddenly the light of a faithful worker, who was born also to charm, went out. Afterwards came the news that the late CHIEF JUSTICE had found relief from his hopeless illness in death. Such events must be accepted in silent awe.

"A committee of the Court, consisting of the CHIEF JUSTICE, MR. JUSTICE McREYNOLDS, MR. JUSTICE BUTLER, and MR. JUSTICE STONE, has gone to Tennessee for the services over the late MR. JUSTICE SANFORD, and on Tuesday the whole Court will attend the funeral of MR. TAFT.

“In pursuance of the statute the Court will stand adjourned until to-morrow, when it will be adjourned again until Wednesday next at 12 o'clock, when the matters then in order will be taken up."

Adjourned until to-morrow at 12 o'clock.

* The death of the late Chief Justice occurred at Washington on March 8, 1930. Funeral services were held on March 11, at All Souls Unitarian Church, in that city. The bui ial, on the same day, was at Arlington. The last rites for Mr. Justice Sanford, and the interment, were at Knoxville, Tennessee, on March 10, 1930.

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