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THE SUPREME COURT
OCTOBER TERM, 1939
FROM OCTOBER 2, 1939, TO AND INCLUDING
(IN PART) JANUARY 15, 1940
UNIVERSITY OF CALIFOR A
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1940
For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, D.C. 20402
ERRATUM.–307 U. S. 434, seventh line from bottom, "reversed” should read "affirmed."
REPRINTED IN TAIWAN
DURING THE TIME OF THESE REPORTS
CHARLES EVANS HUGHES, CHIEF JUSTICE.
WILLIS VAN DEVANTER, ASSOCIATE JUSTICE.
FRANK MURPHY, ATTORNEY GENERAL.
*MR. JUSTICE BUTLER, on account of illness, did not attend any of the sessions of the Court at the October Term, 1939, and took no part in the consideration or decision of any of the cases reported in this volume. He died in Washington on November 16, 1939; see announcement by the CHIEF JUSTICE, post, p. v. A report of other proceedings in his memory will appear in a later volume.
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 cases 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, WILLIAM O. DOUGLAS, 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.
For the District of Columbia, CHARLES EVANS HUGHES, Chief Justice.
April 24, 1939.
(For next previous allotment, February 6, 1939, see 306 U. S. p. iv.)
SUPREME COURT OF THE UNITED STATES
THURSDAY, NOVEMBER 16, 1939
Present: The CHIEF JUSTICE, MR. JUSTICE McREYNOLDS, MR. JUSTICE STONE, MR. JUSTICE ROBERTS, MR. JUSTICE BLACK, MR. JUSTICE REED, MR. JUSTICE FRANKFURTER, and MR. JUSTICE DOUGLAS.
The CHIEF JUSTICE said:
"It is my sad duty to announce the passing, early this morning, of our brother, Mr. Justice Pierce Butler. After a long and distinguished career at the Minnesota Bar, he was appointed Associate Justice of this Court and took his seat in January 1923. Trained in the exacting school of a most active professional practice, Pierce Butler brought to this Court not only his learning in the law, but a rich store of practical experience. His fidelity, his courage and forthrightness, which were his outstanding characteristics, made him a doughty warrior for his convictions, and he served the Court with great ability and indefatigable industry and an unwavering loyalty to its traditions and to his lofty conception of its function in preserving our constitutional heritage.
“The funeral services in Washington will be held tomorrow morning at 11 o'clock at Saint Matthew's Cathedral, and the Court will attend. A committee of the Court composed of Mr. Justice McReynolds, Mr. Justice Stone, and Mr. Justice Roberts will attend the services to be held in St. Paul.
“As a further token of respect for the memory of our brother, the Court, immediately upon the conclusion of the hearing in the case now on argument, in which counsel from the Pacific coast are engaged, will adjourn until Wednesday, November 22 next, at noon."