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THE CHIEF JUSTICES AND JUDGES

of

The Court of Claims of the United States

1855-1946

Chief Justices and Judges of the Court of Claims from the date the Court was established, by the Act of February 24, 1855, 10 Stat. 612, with the dates of appointments and oaths of office, resignations, retirements, and deaths in office. CHIEF JUSTICES

1st.

2d.

3d.

4th.

5th.

6th.

7th.

Joseph Casey of Pennsylvania.

Appointed Judge, May 21, 1861, to succeed George P.
Scarborough, Judge. Elevated to Chief Justice, March 13,

1863. Resigned, December 1, 1870.

Charles D. Drake of Missouri.

Appointed Chief Justice, December 12, 1870, to succeed
Chief Justice Casey. Retired, January 12, 1885.

William A. Richardson of Massachusetts.

Appointed Judge, June 2, 1874, to succeed Judge Samuel Milligan. Elevated to Chief Justice, January 20, 1885, to succeed Chief Justice Drake. Died in office, October 19, 1896.

Charles C. Nott of New York.

Appointed Judge, February 22, 1865, to succeed Judge
James Hughes. Elevated to Chief Justice, December 15,
1896, to succeed Chief Justice Richardson. Retired,
December 31, 1905.

Stanton J. Peelle of Indiana.

Appointed Judge, March 28, 1892, to succeed Judge Glenni
W. Schofield. Elevated to Chief Justice, January 1, 1906,
to succeed Chief Justice Nott. Retired, February 11, 1913.
Edward K. Campbell1 of Alabama.

Appointed Chief Justice, May 22, 1913, to succeed Chief
Justice Peelle. Retired, April 22, 1928.

Fenton W. Booth of Illinois.

Appointed Judge, March 17, 1905, to succeed Judge Francis M. Wright. Elevated to Chief Justice, April 23, 1928, to succeed Chief Justice Campbell. Retired, June 15, 1939.

Appointed on the Court as Chief Justice.

XXI

8th.

Richard S. Whaley of South Carolina.

Appointed Judge, June 4, 1930, to succeed Judge Samuel J. Graham. Elevated to Chief Justice, June 28, 1939, to succeed Chief Justice Booth.

JUDGES

John J. Gilchrist 2 of New Hampshire.

Appointed Judge, March 3, 1855.

Elected presiding judge

May 11, 1855, at the first session of the court.

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Died in

Died in office, December

Appointed Judge, May 8, 1855. Resigned, April 20, 1861. Edward G. Loring of Massachusetts.

2

Appointed Judge, May 6, 1858, to succeed Judge Gilchrist.
Retired, May 1, 1877.

James Hughes 2 of Indiana.

Appointed Judge, February 6, 1860, to succeed Judge
Blackford. Resigned, February 1, 1865.

Joseph Casey 2 of Pennsylvania.

Appointed Judge, May 21, 1861, to succeed Judge Scarborough. Elevated to Chief Justice, March 13, 1863. Resigned, December 1, 1870.

David Wilmot 3 of Pennsylvania.

Appointed Judge, March 7, 1863. Died March 16, 1868. Ebenezer Peck of Illinois.

Appointed Judge, May 10, 1863. Retired, April 1878.

Charles C. Nott of New York.

Appointed Judge, February 22, 1865, to succeed Judge
Hughes. Elevated to Chief Justice, December 15, 1896.
Retired, December 31, 1905.

Samuel Milligan of Tennessee.

Appointed Judge, July 8, 1868, to succeed Judge Wilmot.
Died April 20, 1874.

William A. Richardson of Massachusetts.

Died

Appointed Judge, June 2, 1874, to succeed Judge Milligan.
Elevated to Chief Justice, January 20, 1885.
October 19, 1896.

J. C. Bancroft Davis of New York.

Appointed Judge, December 14, 1877, to succeed Judge

Loring. Resigned,

December 9, 1881. Reappointed,

December 20, 1882. Died, November 4, 1883.

Appointed Judges under the original Act of February 24, 1855, 10 Stat. 612.
Appointed under the Act of March 3, 1863, 12 Stat. 765.

William H. Hunt of Louisiana.

Appointed Judge, May 15, 1878, to succeed Judge Peck.
Resigned, March 11, 1881.

Glenni W. Schofield of Pennsylvania.

Appointed Judge, May 20, 1881, to succeed Judge Hunt.
Died August 31, 1891.

Lawrence Weldon of Illinois.

Appointed Judge, November 24, 1883, to succeed Judge
J. C. Bancroft Davis. Died April 10, 1905.
John Davis of the District of Columbia.

Appointea Judge, January 20, 1885, to succeed Judge
Richardson, elevated to Chief Justice. Died May 5, 1902.

Stanton J. Peelle of Indiana.

Appointed Judge, March 28, 1892, to succeed Judge Schofield. Elevated to Chief Justice, January 1, 1906. Retired February 11, 1913.

Charles B. Howry of Mississippi.

Appointed Judge, January 28, 1897, to succeed Charles C. Nott, elevated to Chief Justice. Retired March 15, 1915. Francis M. Wright of Illinois.

Appointed Judge, January 13, 1903, to succeed Judge John Davis. Resigned March 15, 1905. Fenton W. Booth of Illinois.

Appointed Judge, March 17, 1905, to succeed Judge Wright. Elevated to Chief Justice, April 23, 1928. Retired June 15, 1939.

George W. Atkinson of West Virginia.

Appointed Judge, April 15, 1905, to succeed Judge Weldon.
Retired April 17, 1916.

Samuel S. Barney of Wisconsin.

Appointed Judge, January 2, 1906, to succeed Judge Peelle, elevated to Chief Justice. Retired April 15, 1919.

George E. Downey of Indiana.

Appointed Judge, September 1, 1915, to succeed Judge
Howry. Died May 24, 1926.

James Hay of Virginia.

Appointed Judge, July 15, 1916, to succeed Judge Atkinson.
Retired December 1, 1927.

Samuel J. Graham of Pennsylvania.

Appointed Judge, September 1, 1919, to succeed Judge
Barney. Retired May 1, 1930.

McKenzie Moss of Kentucky.

Appointed Judge, June 14, 1926, to succeed Judge Downey.
Died June 11, 1929.

William R. Green of Iowa.

Appointed Judge, March 31, 1928, to succeed Judge Hay.
Retired May 29, 1940.

Nicholas J. Sinnott of Oregon.

Appointed Judge, May 31,
elevated to Chief Justice.

Benjamin H. Littleton of Tennessee.

1928, to succeed Judge Booth, Died July 20, 1929.

Appointed Judge, October 15, 1929. Took his seat on the bench November 11, 1929, to succeed Judge Moss.

Thomas S. Williams of Illinois.

Appointed Judge, October 15, 1929. Took his seat on the bench November 11, 1929, to succeed Judge Sinnott. Died April 5, 1940.

Richard S. Whaley of South Carolina.

Appointed Judge, June 4, 1930, to succeed Judge Graham.
Elevated to Chief Justice June 23, 1939.

Samuel E. Whitaker of Tennessee.

Appointed Judge, June 23, 1939, to succeed Judge Whaley, elevated to Chief Justice. Entered upon his duties July

27, 1939.

Marvin Jones of Texas.

Appointed Judge, April 9, 1940, to succeed Judge Williams.
Took his seat on the bench November 20, 1940.

J. Warren Madden of Pennsylvania.

Appointed Judge, November 15, 1940, to succeed Judge
Green. Took his seat on the bench January 8, 1941.

CASES DECIDED

IN

THE COURT OF CLAIMS

December 1, 1945, to February 28, 1946, and other cases not heretofore published

AMERICAN MAIL LINE, LTD. v. THE UNITED

STATES

[No. 45441. Decided April 2, 1945]

On the Proofs

Repatriation of destitute seamen; obligation of the United States under the statutes to provide subsistence and transportation where wages have been terminated by shipwreck.-Under the provisions of sections 593, 678 and 679 of title 46, U. S. Code, it is the duty of the United States Government to provide subsistence and repatriation of seamen on a shipwrecked vessel of the United States whose right to wages has been terminated by the shipwreck. Alaska Steamship Company v. United States, 290 U. S. 256, 264, cited.

Same: proviso in Appropriation Act of 1935 was temporary legislation. The proviso in the 1935 Appropriation Act for the State Department that no part of the appropriation for repatriation of destitute seamen should be available for payment to owners or operators for transporting destitute seamen of their own vessels (48 Stat. 529, 533) was temporary legislation and was not in effect at the time of the shipwreck of the President Hoover in December 1937.

Same: refusal of United States consul to make a contract for repatriation of destitute seamen does not relieve defendant of its liability under the law.-Where the United States consul at Hong Kong, relying upon erroneous instructions, refused to make a contract for the repatriation of the destitute seamen of the shipwrecked President Hoover, belonging to the Dollar Steamship Company; and where the Dollar Steamship Company, in response to the demand of the consul that it provide for their transportation, under protest and without acknowledging liability for caring for them, arranged with the plaintiff to carry them back to the United States; and where the plaintiff performed that service; it is held that plaintiff is entitled to recover from the defendant, upon whom the law placed the burden of providing that service.

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