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VOLUME 304

CASES ADJUDGED

IN

THE SUPREME COURT

AT

OCTOBER TERM, 1937

FROM APRIL 12, 1938, TO AND INCLUDING MAY 31, 1938
(END OF THE TERM)

ERNEST KNAEBEL

REPORTER

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1938

For sale by the Superintendent of Documents, Washington, D.C. - Price $3.00 (Buckram)

JUSTICES

OF THE

SUPREME COURT

1

DURING THE TIME OF THESE REPORTS 1

CHARLES EVANS HUGHES, CHIEF JUSTICE. JAMES CLARK MCREYNOLDS, ASSOCIATE JUSTICE. LOUIS D. BRANDEIS, ASSOCIATE JUSTICE.

PIERCE BUTLER, ASSOCIATE JUSTICE.

HARLAN FISKE STONE, ASSOCIATE JUSTICE.
OWEN J. ROBERTS, ASSOCIATE JUSTICE.
BENJAMIN N. CARDOZO, ASSOCIATE JUSTICE.2
HUGO L. BLACK, ASSOCIATE JUSTICE.
STANLEY REED, ASSOCIATE JUSTICE.

RETIRED

WILLIS VAN DEVANTER, ASSOCIATE JUSTICE.
GEORGE SUTHERLAND, ASSOCIATE JUSTICE.

HOMER S. CUMMINGS, ATTORNEY GENERAL.
ROBERT H. JACKSON, SOLICITOR GENERAL.
CHARLES ELMORE CROPLEY, CLERK.
FRANK KEY GREEN, MARSHAL.3

THOMAS ENNALLS WAGGAMAN, MARSHAL.3

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

'MR. JUSTICE CARDOZO was absent from the bench, on account of illness, during the period covered by this volume.

'MR. FRANK KEY GREEN, Marshal of the Court, died April 26, 1938 (see announcement by the Chief Justice, post, p. v). On May 2, 1938, Mr. Thomas Ennalls Waggaman was appointed Marshal of the Court.

III

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, Louis D. BRANDEIS, Associate Justice.

For the Second Circuit, HARLAN F. STONE, Associate Justice.

For the Third Circuit, OWEN J. ROBERTS, Associate Justice.

For the Fourth Circuit, CHARLES EVANS HUGHES, Chief Justice.

For the Fifth Circuit, HUGO L. BLACK, Associate Justice. For the Sixth Circuit, JAMES C. MCREYNOLDS, ASSOciate Justice.

Asso

For the Seventh Circuit, BENJAMIN N. CARDOZo, Associate Justice.

For the Eighth Circuit, PIERCE BUTLER, Associate Justice.

For the Ninth Circuit, STANLEY REED, Associate Justice.

For the Tenth Circuit, PIERCE BUTLER, Associate Justice.

February 7, 1938.

IV

SUPREME COURT OF THE UNITED STATES.

Tuesday, April 26, 1938.

Present: The CHIEF JUSTICE, MR. JUSTICE MCREYNOLDS, MR. JUSTICE BRANDEIS, MR. JUSTICE BUTLER, MR. JUSTICE STONE, MR. JUSTICE ROBERTS, MR. JUSTICE BLACK, MR. JUSTICE REED.

The CHIEF JUSTICE said:

"It is my sad duty to announce that Mr. Frank K. Green, the Marshal of the Court, died this morning. His life was spent in the service of the Court. He entered that service as a page boy over 46 years ago. Ten years later, in 1901, he became Librarian and, soon after, crier. He was appointed Marshal in 1915 and for over 23 years has acted in that capacity. Throughout this long period he has served the Court with the utmost fidelity, bringing to the discharge of his duties not only the advantages of his ability and thorough acquaintance with the work of the Court but an unfailing tact and kindliness which won the esteem of those who have been brought into contact with his office. His name belongs in the honor roll of those who have given themselves through long years to the service of the Court with complete devotion to its interests. As a token of our respect for his memory, we shall do nothing today but hear motions and finish the cause on argument, and we shall then adjourn until tomorrow morning."

Mr. Green was born, October 21, 1876, at "Forrest Hill," the home of his father, George Forrest Green, in the District of Columbia. This was part of a place near Georgetown, called Rosedale, which is said to have been purchased by his great-grandfather, Uriah Forrest, in 1790. He received his general schooling in Georgetown and a legal degree from the law school of Georgetown University. Funeral services were held at Holy Trinity Church on Thursday, April 28, 1938, and interment was in Cedar Hill Cemetery, Washington, D. C., on the same day.-REPORTER.

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