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COPYRIGHT, 1911, 1912, BY

THE BANKS LAW PUBLISHING COMPANY

REPRINTED IN TAIWAN

JUSTICES

OF THE

SUPREME COURT

DURING THE TIME OF THESE REPORTS.1

EDWARD DOUGLASS WHITE, CHIEF JUSTICE. JOHN MARSHALL HARLAN, ASSOCIATE JUSTICE.2 JOSEPH MCKENNA, ASSOCIATE JUSTICE.

OLIVER WENDELL HOLMES, ASSOCIATE JUSTICE. WILLIAM R. DAY, ASSOCIATE JUSTICE.3

HORACE HARMON LURTON, ASSOCIATE JUSTICE. CHARLES EVANS HUGHES, ASSOCIATE JUSTICE. WILLIS VAN DEVANTER, ASSOCIATE JUSTICE. JOSEPH RUCKER LAMAR, ASSOCIATE JUSTICE.

GEORGE WOODWARD WICKERSHAM, ATTORNEY GENERAL. FREDERICK W. LEHMANN, 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.

MR. JUSTICE HARLAN died on October 14, 1911 (see p. v, post). He took no part in the decisions of any cases submitted during October Term, 1911, and reported in this volume. On February 19, 1912, President Taft nominated Mahlon Pitney, Chancellor of the State of New Jersey, as Associate Justice to succeed MR. JUSTICE HARLAN. He was confirmed by the Senate on March 13, 1912, commissioned on the same day, and on March 18, 1912, qualified, and immediately took his seat upon the bench.

'MR. JUSTICE DAY was necessarily absent during October Term, 1911, until January, 1912 (see pagè xxix, post), and took no part in any of the decisions reported in this volume except those argued and submitted during October Term, 1910.

SUPREME COURT OF THE UNITED STATES.

ALLOTMENT OF JUSTICES, JANUARY 9, 1911.

ORDER: There having been a Chief Justice and three Associate Justices of this court appointed since the last allotment of the Chief Justice and Associate Justices among the circuits.

Therefore, in pursuance of Section 606 of the Revised Statutes, it is now here ordered by the court that the following allotment of the Chief Justice and Associate Justices among the circuits be, and the same is hereby, made, and that such allotment be entered of record, viz.:

For the First Circuit, Oliver Wendell Holmes, Associate Justice.

For the Second Circuit, Charles E. Hughes, Associate Justice.

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

For the Fourth Circuit, Edward D. White, Chief Justice. For the Fifth Circuit, Joseph R. Lamar, Associate Justice.

For the Sixth Circuit, John M. Harlan, Associate Justice. For the Seventh Circuit, William R. Day, Associate Justice.

For the Eighth Circuit, Willis Van Devanter, Associate Justice.

For the Ninth Circuit, Joseph McKenna, Associate Justice.

PROCEEDINGS ON THE DEATH OF

MR. JUSTICE HARLAN.

JOHN MARSHALL HARLAN, Associate Justice of the Supreme Court of the United States, died at his home, in Washington, District of Columbia, on Saturday, October 14, 1911, after an illness of four days. He attended the opening session of October Term, 1911, on Monday, October 9 and the session of the following day. He did not attend any other.

On Monday, October 16, on the opening of court THE CHIEF JUSTICE said:

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"Gentlemen of the Bar-It is my painful duty to announce the death of MR. JUSTICE HARLAN. The court will stand adjourned until Wednesday morning next without the transaction of business of any kind to-day."

The funeral of MR. JUSTICE HARLAN took place at the New York Avenue Presbyterian Church on Tuesday, October 17, 1911. The interment was at Rock Creek Cemetery in the District of Columbia.

SATURDAY, DECEMBER 16, 1911.

The Bar of the Supreme Court of the United States and the Officers of the court met in the Court Room in the Capitol at twelve o'clock.

On motion of MR. LOUIS T. MICHENER, MR. AUGUSTUS E. WILLSON was chosen Chairman and MR. JAMES H. MCKENNEY, Secretary

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