UNITED STATES REPORTS VOLUME 260 CASES ADJUDGED IN THE SUPREME COURT AT OCTOBER TERM, 1922 FROM OCTOBER 2, 1922, TO AND ERNEST KNAEBEL REPORTER GOVERNMENT PRINTING OFFICE WASHINGTON 1923 For sale by the Superintendent of Documents JUSTICES OF THE SUPREME COURT DURING THE TIME OF THESE REPORTS.1 WILLIAM HOWARD TAFT, CHIEF JUSTICE. OLIVER WENDELL HOLMES, ASSOCIATE JUSTICE. WILLIS VAN DEVANTER, ASSOCIATE JUSTICE. JAMES CLARK MCREYNOLDS, ASSOCIATE JUSTICE. JOHN H. CLARKE, ASSOCIATE JUSTICE.* HARRY M. DAUGHERTY, ATTORNEY GENERAL. FRANK KEY GREEN, MARSHAL. 1 For allotment of The Chief Justice and Associate Justices among the several circuits, see pp. xii, xiii, xiv, post. 2 Mr. Justice Day retired November 13, 1922, under the provisions of Jud. Code, § 260. See page ix, post. Mr. Justice Pitney retired December 31, 1922, under the provisions of an Act of December 11, 1922. Mr. Justice Clarke, by letter of September 1, 1922, addressed to the President, tendered his resignation as of September 18, 1922. See page v, post. On September 5, 1922, President Harding nominated George Sutherland, of Utah, to succeed Mr. Justice Clarke, resigned; he was confirmed by the Senate on the same day; the judicial oath was administered and he took his seat upon the bench on October 2, 1922. • On November 23, 1922, President Harding nominated Pierce Butler, of Minnesota, to succeed Mr. Justice Day, retired; the nomination not having been acted upon at that session of Congress, the President renominated Mr. Bútler on December 5, 1922, and he was confirmed by the Senate on December 21, 1922; the judicial oath was administered and he took his seat upon the bench on January 2, 1923. III RESIGNATION OF MR. JUSTICE CLARKE. SUPREME COURT OF THE UNITED STATES. MONDAY, NOVEMBER 20, 1922. PRESENT: THE CHIEF JUSTICE, MR. JUSTICE MCKENNA, MR. JUSTICE HOLMES, MR. JUSTICE VAN DEVANTER, MR. JUSTICE MCREYNOLDS, MR. JUSTICE BRANDEIS, AND MR. JUSTICE SUTHERLAND. The CHIEF JUSTICE announced the following order of the Court: It is ordered by the Court that the accompanying correspondence between members of the Court and Mr. JUSTICE CLARKE upon his retirement as an Associate Justice of the Court be this day spread upon the record, and that it also be printed in the reports of the Court: THE SUPREME COURT OF THE UNITED STATES, WASHINGTON, D. C., OCTOBER 24, 1922. DEAR BROTHER CLARKE: Your resignation as a member of this Court during the vacation has delayed a joint expression of our sincere regret at parting with you as a colleague. Service as a federal judge in the lower courts had fitted you quickly to put your shoulder to the wheel here. The number and excellence of your opinions contained in the 13 volumes from 242 to 259, inclusive, of our reports, testify to the debt the country owes you for the share you have had in carrying the great burden that rested upon this court during the period of the Great War and the years immediately preceding and following it. |