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JUSTICES

OF THE

SUPREME COURT

DURING THE TIME OF THESE REPORTS.1

EDWARD DOUGLASS WHITE, CHIEF JUSTICE.
JOSEPH MCKENNA, ASSOCIATE JUSTICE.

OLIVER WENDELL HOLMES, ASSOCIATE JUSTICE.
WILLIAM R. DAY, ASSOCIATE JUSTICE.2

CHARLES EVANS HUGHES, ASSOCIATE JUSTICE.3
WILLIS VAN DEVANTER, ASSOCIATE JUSTICE.
JOSEPH RUCKER LAMAR, ASSOCIATE JUSTICE.1
MAHLON PITNEY, ASSOCIATE JUSTICE.

JAMES CLARK MCREYNOLDS, ASSOCIATE JUSTICE.
LOUIS D. BRANDEIS, ASSOCIATE JUSTICE.5

THOMAS WATT GREGORY, ATTORNEY GENERAL.

JOHN WILLIAM DAVIS, SOLICITOR GENERAL.

JAMES D. MAHER, CLERK.

FRANK KEY GREEN, MARSHAL.

1 For allotment of THE CHIEF JUSTICE and Associate Justices among the several circuits see next page.

2 MR. JUSTICE DAY was absent from the bench on account of illness from January 3, 1916, until after the publication of this volume.

'MR. JUSTICE HUGHES resigned June 10, 1916. July 14, 1916, President Wilson nominated John H. Clarke of Ohio to succeed MR. JUSTICE HUGHES; he was confirmed by the Senate, July 24, 1916; his commission was dated July 24, 1916; the oath of office was administered by the Chief Justice at Washington, D. C., August 1, 1916; he did not take his seat upon the Bench until after the publication of this volume.

♦ MR. JUSTICE LAMAR on account of illness did not take his seat upon the bench during October Term 1915. He died at his residence at Washington on January 2, 1916. See page iii, 239 U. S. For proceedings on the death of MR. JUSTICE LAMAR see p. v., post.

On January 28, 1916, President Wilson nominated Louis D. Brandeis of Massachusetts to succeed MR. Justice Lamar deceased: he was confirmed by the Senate on June 1, 1916; his commission was dated June 1, 1916, and he took his seat upon the bench June 5, 1916,

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 ordered 1 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.

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