to suppress growing evils. All presented new remedial legislation requiring accurate construction with a view to keeping within the limits fixed by the fundamental law on the one hand, and giving effect to their beneficent purpose on the other. Here, too, the genius of Chief Justice White as a statesman and a jurist shone forth.

"In the World War his opinions supporting statutes enacted to enable the Government to carry on the struggle, to mass all its resources of men and money in the country's defense, and to restrain sinister efforts to obstruct it reveal an intense patriotic appreciation of the necessity of vesting full powers in the nation when its integrity is threatened and of the existence of ample authority to this end in the Constitution. The Chief Justice, in the Selective Draft case, delivered one of his great opinions.

"Any association with Chief Justice White left no doubt of the force and strength of his convictions. Massive, dignified, impressive as was his physical mould, his mental structure was like it. There is an indefinable something about a leader of men that we call 'personality,' difficult to define, but which makes itself felt wherever they are. This quality Chief Justice White had in a marked degree. In the settlement of every issue he had to be reckoned with. With lofty ideals as a statesman, with profound learning, with a love of logical processes and of the manifestation of them in his exposition of his views, he drove home his conclusion with a confidence and a convincing assurance that distinguishes his judicial expression.

"His capacity for work was enormous. During his service on the bench the court in one way or another disposed of many thousands of cases, and he himself prepared more than seven hundred opinions for the court. The number of opinions is usually made the measure of a judge's work, but it is only a part of it. The study of cases with a view to their decision in conference is the greater task, and this varies with the individual judge and with his conscience and feeling of responsibility. No one

could be more sensitive in this regard than Chief Justice White. He carried for eleven years the additional burden of the executive direction of the court. In his later years he did his work with the burden of growing physical defects entailing obstacle and suffering, which he refused to betray and to which he would not yield. His whole being was absorbed by his anxious concern for the maintenance of the prestige of the court in the preservation of the Constitution and the upholding of its principles. He took infinite pains even in the lesser details of his duties. He regarded his office as a sacred trust, as a Holy Grail, which awakened an intense scrutiny of his own conduct and of that of every member of the court.

"Of the story of his career, which began as a soldier of the Confederacy at sixteen years, and the quick recognition of his power for usefulness from his early professional beginnings until by noteworthy steps he reached this Bench, there is not time to speak. His leadership of the long but successful fight against the lottery evil in Louisiana showed how formidable he was in organization and how courageous in action. His power as a speaker was revealed in later years only by the few addresses he was induced reluctantly to make to the American Bar Association. At Montreal and Washington his hearers were captivated by the grace and fluency of his diction, the exquisite charm, dignity, and force of his bearing, and the depth of his expressed conviction. His touching metaphor to illustrate his own change of heart toward 'Old Glory,' of the fading of the gray of the Confederacy into the blue of the Union, 'the invisible blue,' as he adapted it from the moving story of the Cricket on the Hearth, will never fade from the memory of those who were privileged to hear him.

"Edward Douglass White was the exemplary citizen, the considerate neighbor and friend, and the loving husband. He had a great heart, full of sympathy for mankind. He had an unfailing courtesy and a sweetness of manner which endeared him to all with whom he was

associated. The strength and ruggedness and dignity of his character were stamped in his face, and these things but lent a peculiar charm to his gentleness and kindly manner. He was a gentleman of the old school.

"Of his personal relations to the members of the court in the intimacy of conference, I can not, of course, speak from personal experience. They are shown in the touching words in which, immediately after his death, the senior Associate Justice of this court, so long a loved and loving comrade in service with Chief Justice White, expressed the affectionate esteem in which the colleagues of this great Chief Justice held him. In closing this response for the court to these resolutions, I can best express their estimate of his judicial work by quoting Mr. Justice McKenna when he said:

'Anticipating the future, I see no shadow on his fame or service. I venture to make comparisons. I make full concession of the recognized and distinguished merit of those who preceded him. I make full admission in assured prophecy of the ability of those who will succeed him. Yet, considering his qualities, their variety and degree, and estimating them, I dare to say that he will forever keep a distinct eminence among the Chief Justices of the United States.'

The resolutions and the accompanying remarks will be entered upon the records of the court."

TABLE OF CASES REPORTED.

Page.

Abdul Samad v. Behrandt, U. S. Marshal...

613

A. Bourjois & Co. v. Katzel....

630

Acme Mfg. Co., Arminius Chemical Co. v.

647

Allied Machinery Co., Lehigh Valley R. R. v.

614

American Bonding Co., Miller v.....

304

American Column & Lumber Co. v. United States.. 377

American Engineering Co., Davis v.

653

American Fidelity Co., Ewen v.

625

American Mills Co. v. American Surety Co. of New

York.....

626

American Railway Express Co. v. Lindenburg.

627

American Steel Foundries v. Tri-City Central Trades

Arizona, State of, ex rel. Burgoon, Treasurer,

Watts v...

617

Arkansas, State of, ex rel. Attorney General, Mar

tineau, Chancellor, v....

665

Arminius Chemical Co. v. Acme Mfg. Co..

647

Armsby Co. v. Steamship Esrom..

Arnold et al., Exrs., Stevens v..

634

631