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The price of this volume is fixed under the Act of July 1, 1922 (Public No. 272), at $2.15 per copy, delivered. Sold by the Superintendent of Documents, Government Printing Office, Washington, D. C.

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JUSTICES

OF THE

SUPREME COURT

DURING THE TIME OF THESE REPORTS.1

WILLIAM HOWARD TAFT, CHIEF JUSTICE.?
JOSEPH MCKENNA, ASSOCIATE JUSTICE.
OLIVER WENDELL HOLMES, ASSOCIATE JUSTICE.
WILLIAM R. DAY, ASSOCIATE JUSTICE.
WILLIS VAN DEVANTER, ASSOCIATE JUSTICE.
MAHLON PITNEY, ASSOCIATE JUSTICE.
JAMES CLARK McREYNOLDS, ASSOCIATE JUSTICE.
LOUIS D. BRANDEIS, ASSOCIATE JUSTICE.
JOHN H. CLARKE, ASSOCIATE JUSTICE.

HARRY M. DAUGHERTY, ATTORNEY GENERAL.
JAMES M. BECK, SOLICITOR GENERAL.
WILLIAM R. STANSBURY, CLERK.3
FRANK KEY GREEN, MARSHAL.

For allotment of The Chief Justice and Associate Justices among the several circuits, see next page.

2 On June 30, 1921, President Harding nominated William Howard Taft of Connecticut to succeed Mr. Chief Justice White, deceased; he was confirmed by the Senate on the same day; he took the oath of office July 11, 1921; the judicial oath was administered, and he took his seat upon the bench, at the opening of the October Term, 1921.

8 On October 4, 1921, by order of the court, William R. Stansbury of the District of Columbia was appointed clerk of the court in the place of James D. Maher, deceased. On October 10, 1921, by order of the court, Philander R. Stansbury of Maryland was appointed deputy clerk, and C. Elmore Cropley of the District of Columbia was appointed an additional deputy clerk.

SUPREME COURT OF THE UNITED STATES.

OCTOBER TERM, 1921.'

ORDER OF ALLOTMENT OF JUSTICES.

There having been a Chief Justice of this court appointed since the adjournment of the last term,

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 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, Asso

ciate Justice. For the Second Circuit, Louis D. BRANDEIS, Associate

Justice. For the Third Circuit, MAHLON PITNEY, Associate

Justice. For the Fourth Circuit, WILLIAM H. TAFT, Chief

Justice. For the Fifth Circuit, J. C. McREYNOLDS, Associate

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

Justice. For the Seventh Circuit, John H. CLARKE, Associate

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

ciate Justice. For the Ninth Circuit, JOSEPH MCKENNA, Associate

Justice. October 24, 1921.

'For next previous allotment see 256 U. S., p. iv.

IV

PROCEEDINGS ON THE DEATH OF CHIEF

JUSTICE WHITE."

1

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 Saturday, December 17, 1921, at 12 o'clock noon.

On motion of Mr. FREDERIC D. McKENNEY, Mr. JOHN W. DAVIS was elected Chairman and Mr. WILLIAM R. STANSBURY, Clerk of the Court, Secretary.

On taking the Chair, Mr. Davis said:

“GENTLEMEN OF THE BAR: We are assembled to pay our tribute of respect to the memory of the late Chief Justice of the United States. To the elevation of his life and the distinction of his career we can add nothing by any word of ours, but our duty to the profession which we serve and in whose service his life also was spent would be left undone if we failed to place on record our estimate of his personal character and of his contribution to the jurisprudence of his country. After a lifetime of public service, closing with twenty-seven years upon the Supreme Court of the United States, he died in the occupancy of the highest post open to an American lawyer, and one which, in its singular power, is without parallel in this or perhaps in any other country. During his incumbency as Associate Justice and Chief Justice . there came a development and expansion of the powers of the federal government and a resulting increase in the labors of the Court unsurpassed during any equal period in the history of the Republic. Two foreign wars brought with them problems of novel and untried extent which tested to the full the vigor of our governmental

1 See also volume 256 of these Reports, pp. v-vii.

structure; and legislation passed in response to advancing public sentiment spread the federal power to many untrodden fields.

“Through all this sequence of great events, Chief Justice White moved as a foremost actor, and the future voyage of the Ship of State will be charted from precedents which he assisted to establish. Logical and penetrating in intellect, bold in thought and tenacious in conviction, lofty and unselfish in his devotion to his country, it is not too much to say that none of those who have occupied that great seat has filled it more worthily; and when his sculptured presentment comes to join those of his predecessors on the walls of this historic chamber, even that immortal company will be the richer for his presence.

“Viewing in retrospect the panorama of his life, there come to my mind the words of the great commander who led the armies of his boyhood:

There is a true glory and a true honor, the glory of duty done, the honor of the integrity of principle.'

The Chair then appointed as a Committee on Resolutions: Mr. GEORGE SUTHERLAND, of Utah, Chairman, Mr. CHARLES F. CHOATE, Jr., and Mr. FREDERICK P. Fish, both of Massachusetts, Mr. WILLIAM D. GUTHRIE and Mr. ELIHU Root, both of New York, Mr. WILLIAM A. GLASGOW, Jr., and Mr. GEORGE WHARTON PEPPER, both of Pennsylvania, Mr. A. J. MONTAGUE, of Virginia, Mr. WILLIAM L. MARBURY, of Maryland, Mr. HENRY P. DART and Mr. GEORGE DENEGRE, both of Louisiana, Mr. LawRENCE MAXWELL and Mr. JUDSON HARMON, both of Ohio, Mr. J. M. DICKINSON and Mr. John S. MILLER, both of Illinois, Mr. FREDERICK W. LEHMANN, of Missouri, Mr. FRANK B. KELLOGG, of Minnesota, Mr. GARRET W. McENERNEY and Mr. CHARLES S. WHEELER, both of California, and Mr. FREDERIC D. McKENNEY and Mr. NATHANIEL WILSON, both of the District of Columbia.

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