VOLUME 317

CASES ADJUDGED

IN

THE SUPREME COURT

AT

JULY SPECIAL TERM, 1942

AND

OCTOBER TERM, 1942

FROM JULY 31, 1942, TO AND INCLUDING (IN PART) JANUARY 18, 1943

ERNEST KNAEBEL

REPORTER

LAW LIBRARY

AUG 1 0 1983

UNIVERSITY OF CALIFORNIA

DAVIS

UNITED STATES
GOVERNMENT PRINTING OFFICE

WASHINGTON : 1948

For sale by the Superintendent of Documents, U. S. Government Printing Office

Erratum.-314 U. S. 307, n. 2, line 2: "Part 1" should be Part 2.

n.

REPRINTED IN TAIWAN

1

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."
ROBERT H. JACKSON, ASSOCIATE JUSTICE.

1

RETIRED

CHARLES EVANS HUGHES, CHIEF JUSTICE.
JAMES CLARK McREYNOLDS, ASSOCIATE JUSTICE.
GEORGE SUTHERLAND, ASSOCIATE JUSTICE.?

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

1 Mr. Justice Byrnes resigned on October 3, 1942. See post, pp. V, VII.

? Mr. Justice Sutherland, who retired from active service on January 18, 1938 (303 U. S. iv), died in Washington, D. C., on July 18, 1942. 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, 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 the next previous allotment, see 313 U.S. p. IV.)

IV

SUPREME COURT OF THE UNITED STATES

MONDAY, OCTOBER 5, 1942

017

Present: The CHIEF JUSTICE, MR. JUSTICE ROBERTS, MR. JUSTICE BLACK, MR. JUSTICE REED, MR. JUSTICE FRANKFURTER, MR. JUSTICE DOUGLAS, MR. JUSTICE MURPHY, and MR. JUSTICE JACKSON.

The CHIEF JUSTICE said:

“In deep sorrow I announce the death on July 18th last of George Sutherland, a retired Justice of this Court.

"A citizen and member of the Bar of the State of Utah, he was United States Senator from that State from 1905 to 1917. He was in active service as a member of this Court from his appointment in 1922 to his retirement on January 18, 1938. As a Justice he brought to the service of his country a well-grounded knowledge of the law, a thorough understanding of the art of government, derived from a wide and varied experience in public affairs, and an unswerving devotion to constitutional government as the safeguard of cherished institutions and traditions of the Republic.

"His death has brought to a close a career of eminent public service, and has severed the ties of friendship which his unfailing kindliness and winning personality inspired in his colleagues and all those who knew him."

The CHIEF JUSTICE then voiced the regret of himself and his colleagues over the resignation of Mr. Justice Byrnes from his office as an Associate Justice of this Court, and their wish for the success of the resigning Justice in the new and arduous public undertaking which induced his separation from the court.

V