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SUPREME COURT OF THE UNITED STATES.

ALLOTMENT OF JUSTICES, OCTOBER TERM, 1915.

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

It is ordered1 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, Louis D. BRANDEIS, Associate Justice.

For the Third Circuit, MAHLON PITNEY, Associate Justice.

For the Fourth Circuit, EDWARD D. WHITE, Chief Justice.

For the Fifth Circuit, EDWARD D. WHITE, Chief Justice.

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

For the Seventh Circuit, JAMES C. McREYNOLDS, Associate Justice.

For the Eighth Circuit, WILLIS VAN DEVANTER, Associate Justice.

For the Ninth Circuit, JOSEPH MCKENNA, Associate Justice.

June 12, 1916.

1 For next previous allotment see volume 240 U. S., p. iv.

PROCEEDINGS ON THE DEATH OF MR. JUSTICE

LAMAR.

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 May 26, 1916, at twelve o'clock.

On motion of MR. SOLICITOR GENERAL DAVIS, THE HONORABLE HOKE SMITH, United States Senator from Georgia, was elected chairman, and MR. JAMES D. MAHER, clerk of the court, was elected secretary.

On motion of MR. WILLIAM G. BRANTLEY, the Chair appointed a Committee on Resolutions as follows: HONORABLE WILLIAM G. BRANTLEY of Georgia; MR. THOMAS W. HARDWICK of Georgia; HONORABLE JOHN W. DAVIS of West Virginia, Solicitor General of the United States; MR. NATHANIEL WILSON of the District of Columbia; MR. FREDERICK W. LEHMANN of Missouri; MR. FREDERIC D. MCKENNEY of the District of Columbia; MR. HANNIS TAYLOR of the District of Columbia; MR. ALFRED P. THOм of the District of Columbia; MR. HENRY E. DAVIS of the District of Columbia and MR. STEPHEN S. GREGORY of Illinois.

After deliberation the committee through its chairman presented its report preceded by the following remarks: MR. CHAIRMAN: It was my privilege to know MR. JusTICE LAMAR long and intimately. He possessed my respect, my admiration, and my affection. I first knew him when we served together as members of the Georgia Legislature, and it was there that I came to know the wonderful clearness of his perception, the power of his logic, the varied character of his information, and the thoroughness and conscientiousness with which he did his work; and also came to know the cleanliness of his life and the gentleness of his nature.

I had the opportunity to bear testimony to his worth

(v)

to President Taft prior to his appointment to this great court. On that occasion, President Taft said to me that in filling the vacancies then existing on the bench of the Supreme Court it was his desire to find men who were big enough, courageous enough, able enough, and patriotic enough, to preserve the Republic as it was founded, and it mattered not to him from what section of our common country they came, nor what their politics were. I was proud to give my assurance that MR. LAMAR measured up to these great qualifications, and I am happy now to believe that this assurance was more than indicated by the record of JUSTICE LAMAR in the discharge of his judicial duties.

Mr. Chairman, the purity of the life that JUSTICE LAMAR lived, and the deeds he wrought, known to us all, speak their own eloquent eulogy of the man and his life, and there are no words of mine that can add anything thereto. I can only bear testimony to the strength of my devotion to him and declare my high estimate of him as man, as lawyer, and as judge, and the great sorrow into which we were all plunged when he was taken from

us.

I move the adoption of the Resolutions submitted:
The Resolutions were as follows:

RESOLUTIONS.

Resolved, That the members of the bar of the Supreme Court of the United States lament the untimely death of the late JOSEPH RUCKER LAMAR, Associate Justice of the Supreme Court of the United States, and record their appreciation of his learning, ability, and high character, the affectionate regard with which they now cherish his memory, and the great loss to the bench and the country occasioned by his death.

A native Georgian, he was born of an illustrious family, and by his life's work not only sustained the best traditions thereof but added lustre to the great name he bore.

He was the second of the Georgia Lamars to win a place on the bench of the Supreme Court of the United States, the first being the late L. Q. C. LAMAR, appointed from the State of Mississippi. Each of these two Lamars brought to the court superb mental equipment, lofty ideals, intense Americanism and consecration to duty, and by the product of his labors more than vindicated the wisdom of his appointment.

JOSEPH RUCKER LAMAR was born October 14, 1857, and after a collegiate education came to the bar at 21 years of age. His entire life thereafter was one of devotion to the law, for he never knew any other field of labor.

As a practitioner at the bar he won renown and success, and, at a comparatively early age, easily ranked among the leaders of the bar of his State. As an antagonist he was always formidable, for he was always prepared, but he was also always delightful. His courtesy was disarming. He was always fair, and neither sought nor would he have any mean advantage.

In 1892 he was chosen as one of three commissioners to codify the laws of his State and the work he there did, resulting in the code of 1895, will ever stand as a monument to his discriminating judgment, to his industry, and to the thoroughness and completeness with which he performed each task assigned to him.

Prior to this work of codification he served for two terms as a member of the lower house of the General Assembly of Georgia, and to the legislative field he carried the train-ing and habits of the lawyer, giving to his State, upon all public questions, the careful preparation, the thoughtful consideration, the sound advice and unswerving loyalty of attorney to client. He was always earnest, always sincere and never knew but one way to discharge any duty, and that way was to discharge it to the very best of his ability.

On January 13, 1903, he took his seat as an associate justice of the Supreme Court of the State of Georgia,

and resigned therefrom in 1905 on account of his health and resumed the practice of law.

The fruits of this service were found in the affection and admiration for him of his associates on the bench, and of the bar of the State, and in strong virile opinions, classically expressed, which to-day, as then, enrich the permanent judicial literature of his State.

On December 12, 1910, he was appointed an associate justice of the Supreme Court of the United States. His appointment was shortly thereafter confirmed by the Senate, and on January 3, 1911, he took his seat on the bench. He died at his home in the city of Washington on January 2, 1916, not quite completing five years of service.

From the day upon which he entered this service he consecrated his life and all that was in him to the faithful performance of its duties. His application, his untiring research, his painstaking care and his patient labor were known to all who had dealings with the court.

Others have been and no doubt will be permitted to give more years of service to their country on this great bench than was he, but to him was given the high privilege, by excessive and never-ending toil, to give his life. No man could give more.

Measured by time, his service was not long, but measured by results, a great service was completed. He served long enough to demonstrate his aptitude and fitness for the work, and long enough to leave upon the archives of his country the enduring impress of a great and just judge.

His life was one of devotion to American ideals. He was ever a student of his country's history, and no man was more familiar than he with the origin of the Government under which he lived or with the foundation principles upon which it rests. The extent and the limitations of its power were clearly defined in his mind, and full well he knew how liberty came and how only it can be preserved.

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