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COPYRIGHT. 1909, 1910. BY
THE BANKS LAW PUBLISHING COMPANY

OF THE

1

SUP R E ME COURT

DURING THE TIME OF THESE REPORTS.

MELVILLE WESTON FULLER, CHIEF JUSTICE.
JOHN MARSHALL HARLAN, ASSOCIATE JUSTICE.
DAVID JOSIAH BREWER, ASSOCIATE JUSTICE.
EDWARD DOUGLASS WHITE, ASSOCIATE JUSTICE.
RUFUS W. PECKHAM,” AssociATE JUSTICE.
JOSEPH MCKENNA, ASSOCIATE JUSTICE.
OLIVER WENDELL HOLMES, ASSOCIATE JUSTICE.
WILLIAM R. DAY, ASSOCIATE JUSTICE.
WILLIAM HENRY MOODY, ASSOCIATE JUSTICE.
HORACE HARMON LURTON," ASSOCIATE JUSTICE.

GEORGE WOODWARD WICKERSHAM, ATTORNEY GENERAL.
LLOYD WHEATON BOWERS, SOLICITOR GENERAL.
JAMES HALL MCKENNEY, CLERK.
JOHN MONTGOMERY WRIGHT, MARSHAL.

1 For allotment of THE CHIEF JUSTICE and Associate Justices

among the several circuits see next page.

2 MR. JUSTICE PECKHAM did not take his seat on the bench during October Term, 1909. He died at his home in Altamont near Albany, New York, on Sunday, October 24, 1909. See p. v, post.

3 MR. JUSTICE Moody was absent from the court on account of illness and did not take his seat upon the bench during the period covered by this volume ; he did not participate in the decision of any of the cases reported in this volume which were argued or submitted during October Term, 1909.

4 MR. JUSTICE LURTON of Tennessee was appointed to succeed MR. JUSTICE PECKHAM by President Taft and confirmed by the Senate, December 20, 1909. He took his seat on the bench, January 3, 1910, but took no part in the decision of cases reported in this volume which were argued or submitted prior to that date.

SUPREME COURT OF THE UNITED STATES.

ALLOTMENT OF JUSTICES, JANUARY 10, 1910.

ORDER: There having been an Associate Justice of this court appointed since the commencement of this 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, Horace H. Lurton, Associate

Justice. For the Third Circuit, William H. Moody, Associate Justice. For the Fourth Circuit, Melville W. Fuller, Chief Justice. For the Fifth Circuit, Edward D. White, Associate Justice. For the Sixth Circuit, John M. Harlan, Associate Justice. For the Seventh Circuit, William R. Day, Associate Justice. For the Eighth Circuit, David J. Brewer, Associate Justice. For the Ninth Circuit, Joseph McKenna, Associate Justice.

1 For the last preceding allotment see 214 U. S. iv.

PROCEEDINGS ON THE DEATH OF

MR. JUSTICE PECKHAM.

SUPREME COURT OF THE UNITED STATES.

MONDAY, OCTOBER 25, 1909.

Present: THE CHIEF JUSTICE, MR. JUSTICE HARLAN, MR. JUSTICE BREWER, MR. JUSTICE WHITE, MR. JUSTICE MCKENNA, MR. JUSTICE HOLMES and MR. JUSTICE DAY.

THE CHIEF JUSTICE said:

“It is with deep sorrow that I announce the passing of our eminent colleague and dear friend, MR. JUSTICE PECKHAM. He died at his summer home at Altamont yesterday evening, at quarter past 8. The court will transact no business, but will adjourn until next Monday."

Adjourned until Monday next at 12 o'clock.

The funeral of MR. JUSTICE PECKHAM was in Albany, New York, on October 27, 1909, and was attended by the Chief Justice and all the Associate Justices except MR. JUSTICE MOODY, who was detained by illness.

A meeting of the Bar of the Supreme Court of the United States was held in the Court Room on December 18, 1909. On motion of the Solicitor General, Mr. Alton B. Parker presided. Addresses were made by Mr. Alton B. Parker, Mr. Elihu Root, Mr. William A. Maury, Mr. Thomas H. Clark and Mr. Charles E. Patterson.

A committee consisting of Mr. Elihu Root, Chairman, Mr. Philander C. Knox, Mr. Lloyd W. Bowers, Mr. Jacob M. Dickinson, Mr. William A. Maury, Mr. William B. Hornblower, Mr. John G. Johnson, Mr. Nathaniel Wilson, Mr. Simon W. Rosen

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dale, Mr. Bernard Carter, Mr. DeLancey Nicoll, Mr. Frank P. Flint, Mr. Charles E. Patterson, Mr. William F. Mattingly, prepared and presented resolutions which were adopted, and the Attorney General was requested to present them to the court.

MONDAY, JANUARY 10, 1910.

Present: THE CHIEF JUSTICE, MR. JUSTICE HARLAN, MR. JUSTICE BREWER, MR. JUSTICE WHITE, MR. JUSTICE MCKENNA, MR. JUSTICE HOLMES, MR. JUSTICE DAY and MR. JUSTICE LURTON.

Mr. Attorney-General Wickersham addressed the court as follows:

May it please the court, I am requested by the members of the bar of this court to present for entry upon your records the resolutions recently adopted expressing their profound sorrow in the death of MR. JUSTICE PECKHAM and their sincere tribute to his high character and eminent service to the country. These resolutions are as follows:

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"Resolved, That the bar of the Supreme Court of the United States deeply deplore the death of Rufus W. Peckham, associate justice of the Supreme Court, and desire to place upon record an expression of the respect and esteem in which JUSTICE PECKHAM was held and of regret for the loss which the court, the bar and the country have suffered in his untimely death.

“For twenty-four years he was an able and successful advocate at the bar of his native State of New York. For twelve years, by the election of his people, he was a member of the highest court of original jurisdiction and of the court of last resort of that State. For fourteen years he sat upon the bench of the Supreme Court of the United States. For a full half century he served the cause of justice without fear and without reproach. His learning and strong powers of reasoning

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