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UNITED STATES REPORTS

VOLUME 312

CASES ADJUDGED

IN

THE SUPREME COURT

AT

OCTOBER TERM, 1940

FROM JANUARY 7, 1941, TO AND INCLUDING (IN PART) MARCH 31, 1941

ERNEST KNAEBEL

REPORTER

UNITED STATES
GOVERNMENT PRINTING OFFICE

WASHINGTON : 1941

For sale by the Superintendent of Documents, Washington, D.C. 20402 - Price $3.50 (Buckram)
ERRATA.

311 U. S. 361, footnote 39: "Op. A. G. 498” should be “29 Op. A. G. 498".

311 U. S. 654, No. 357: The name of James P. O'Brien should have appeared among those of counsel for petitioner.

295 U. S. 753, No. 865: Citation below should be 74 F. 2d 1015. 295 U. S. 770, No. 635: Delete citations following 73 F. 2d 272.

II

JUSTICES

OF THE
SUPREME COURT

DURING THE TIME OF THESE REPORTS

CHARLES EVANS HUGHES, CHIEF JUSTICE.
JAMES CLARK McREYNOLDS, ASSOCIATE JUSTICE.
HARLAN FISKE STONE, ASSOCIATE 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.

RETIRED
WILLIS VAN DEVANTER, ASSOCIATE JUSTICE.?
JAMES CLARK McREYNOLDS, ASSOCIATE JUSTICE."
LOUIS D. BRANDEIS, ASSOCIATE JUSTICE.
GEORGE SUTHERLAND, ASSOCIATE JUSTICE.

ROBERT H. JACKSON, ATTORNEY GENERAL.
FRANCIS BIDDLE, SOLICITOR GENERAL.
CHARLES ELMORE CROPLEY, CLERK.
THOMAS ENNALLS WAGGAMAN, MARSHAL.

MR. JUSTICE McREYNOLDS retired from active service on February 1, 1941, as authorized by Act of March 1, 1937, c. 21, 50 Stat. 24. See post, p. V.

MR. JUSTICE VAN DEVANTER, who retired from active service on June 2, 1937 (302 U. S. III), died in Washington, D. C., on February 8, 1941, and was buried in Rock Creek Cemetery, in that city, on February 11, 1941. See post, p. VI.

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, 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.

For the Seventh Circuit, FRANK MURPHY, Associate Justice.

For the Eighth Circuit, STANLEY REED, Associate Justice.

For the Ninth Circuit, WILLIAM O. DOUGLAS, Associate Justice.

For the Tenth Circuit, STANLEY REED, Associate Justice.

For the District of Columbia, CHARLES Evans HUGHES, Chief Justice.

February 12, 1940.

(For next previous allotment, see 308 U. S. p. iv.)

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RETIREMENT OF MR. JUSTICE McREYNOLDS.

SUPREME COURT OF THE UNITED STATES.

MONDAY, FEBRUARY 3, 1941.

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

The CHIEF JUSTICE said:

“On February 1, 1941, Mr. Justice James Clark McReynolds retired from active service as Associate Justice of this Court. Forthright, independent, maintaining with strength and tenacity of conviction, his conceptions of constitutional right, he has served with distinction upon this bench for upwards of twenty-six years and has left a deep impress upon the jurisprudence of the Court. It is hoped that, relieved of the burden of active service, he will long enjoy his accustomed vigor of body and mind."

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