UNITED STATES REPORTS VOLUME 256 CASES ADJUDGED IN THE SUPREME COURT AT OCTOBER TERM, 1920 FROM APRIL 11, 1921, TO JUNE 6, 1921 COPYRIGHT, 1922, BY THE BANKS LAW PUBLISHING COMPANY NOTICE The price of this volume is fixed by statute (§ 226, Judicial Code, 36 REPRINTED IN TAIWAN JUSTICES OF THE SUPREME COURT DURING THE TIME OF THESE REPORTS.1 EDWARD DOUGLASS WHITE, CHIEF JUSTICE.2 OLIVER WENDELL HOLMES, ASSOCIATE JUSTICE. WILLIS VAN DEVANTER, ASSOCIATE JUSTICE. JOHN H. CLARKE, ASSOCIATE JUSTICE. HARRY M. DAUGHERTY, ATTORNEY 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. Mr. Chief Justice White died on May 19, 1921. See page v, post. Further reference to him will appear in a later volume. Σ Mr. Frierson tendered his resignation March 4, 1921, to become effective on the appointment of his successor. Mr. James M. Beck, of New Jersey, was nominated by the President on June 17, 1921, confirmed by the Senate on June 21, 1921, and took the oath of office on July 1, 1921. 'Mr. Maher died on June 3. 1921. See page viii, post. ! SUPREME COURT OF THE UNITED STATES. ALLOTMENT OF JUSTICES, OCTOBER TERM, 1916.1 ORDER: There having been an Associate 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, 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, 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, Associate Justice. For the Ninth Circuit, JOSEPH MCKENNA, Associate Justice. October 30, 1916. 1 For next previous allotment see 241 U. S., p. iv. SUPREME COURT OF THE UNITED STATES TUESDAY, MAY 31, 1921. PRESENT: MR. JUSTICE MCKENNA, MR. JUSTICE HOLMES, MR. JUSTICE DAY, MR. JUSTICE VAN DEVANTER, MR. JUSTICE PITNEY, MR. JUSTICE MCREYNOLDS, MR. JUSTICE BRANDEIS, and MR. JUSTICE CLARKE. MR. JUSTICE MCKENNA said: "GENTLEMEN OF THE BAR: This empty chair, and the sombre drapery upon it, announce that since the last sitting of the Court a grievous affliction has come to the country and to us, an affliction which to some of us and, it may be, to all of us, can never have complete solace. A great life has ceased to exist, one replete with achievements achievements in many fields of endeavor, all typical and demonstrative of ability and merit, of which, to adopt the words of another, 'it would be difficult to say anything that would transcend the bounds of a just and decorous eulogy.' Eulogy, however, will be the purpose and appointment of another time, and of other lips than mine. To mine now is the humbler and sadder deputation to express the sorrow of my brethren and myself at the death of our Chief Justice. But, expressing a more poignant and personal sorrow, may I not say, at the death of our associate in duties, our companion in council, our friend and intimate? He was all of these to us, and by them animated and directed our work; his precedence veiled under a considerate courtesy, our intercourse with him made a real enjoyment. I use the word 'enjoyment' because I speak in retrospection-speak of a time upon which sorrow had not cast its shadow. |