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1914 Journal : : SUPREME COURT OE THE UNITED STATES. Monday, October 12, 1914. The Court met pursuant to law. Present: The Chief Justice, Mr. Justice McKenna, Mr. Justice Hohnes, Mr. Justice Day, Mr. Justice Hughes, Mr. Justice Van Devanter, Mr. Justice Lamar, and Mr. Justice McKeynolds. The Chief Justice said " It gives me pain to say that since the court adjourned at the end of the last term it has come to pass that the nation may no longer enjoy the fruitful and beneficent results to arise from the continued enlightened and devoted discharge by Mr. Justica^Lurton of his public duties. He died at Atlantic City on thd^ dm day of July. In addition to the sorrow which they share with their country- men at so great a loss, the members of the Court have suffered the pang caused by the severance of the close personal ties which bound them to Mr. Justice Lurton ; ties the strength of which can not be fully appreciated without understanding how completely his attain- ments and his lovable traits of personal character commanded the respect and drew to him the warm affection of those who had the privilege of being associated with him in the performance of his judicial duties. "In the month of August the Hon. James Clark McKeynolds was appointed an Associate Justice of this court, to fill the vacancy caused by the death of Mr. Justice Lurton, and on the 3d day of September the oath of office required by section 1756 of the Revised Statutes was administered to Mr. McKeynolds by the Chief Justice. The new Justice is present to-day, and before he takes his seat the Clerk will read the commission and will administer to him the oath pointed out by section 257 of the Judicial Code; that is, the judicial oath." The Clerk then read the commission, and Mr. McKeynolds took the oath of office, and was escorted by the Marshal to his seat on the Bench. The Chief Justice continued " To enable the members of the court to pay their respects in a body to the President, as has been the usage from the beginning, the court will adjourn to-day without transacting business until the 65349—14—1 ; usual hour to-morrow. All motions, therefore, which are noticed for to-day will stand over until to-morrow, Avhen the call of the docket will be begun. Before adjourning to-day, however, applications for admission to the bar will be entertained, as well as any other formal motion which may be disposed of as a matter of course," Mr. Solicitor General Davis presented the Hon. Thomas Watt Gregory, Attorney General of the United States, and it was ordered that his commission be recorded. Warren Grice, of Hawkensville, Ga. Hugh H. Brown, of Tonapah, ; Nev. ; M. Mosessohn, of Portland, Oreg. ; Martin J. Dunsworth, of Carrollton, 111. ; W. D. Spears, of Chattanooga, Tenn. ; M. A. Keller, of Pittsburgh, Pa.; Joseph L. Howell, of St. Louis, Mo.; Joseph J. McCarthy, of Washington, D. C. ; E. B. Hoifman, of Bozeman, Mont.; David Davis, of Cincinnati, Ohio; E. E. Donohue, of Cin- cinnati, Ohio ; H. L. Holgate, of Corvallis, Oreg. ; Edward S. Taylor, of Portland, Oreg. ; Charles W. German, of Kansas City, Mo. Clarence L. Eaton, of Oregon City, Oreg. ; Obed C. Billman, of Cleveland, Ohio ; William H. Worth, of Tazewell, Va. George M. ; Block, of St. Louis, Mo.; James W. Austin, of Atlanta, Ga. ; A. F. Fox, of West Point, Miss. ; Arthur L. Oliver, of St. Louis, Mo. ; and Charles J. Hogg, of Point Pleasant, W. Va., were admitted to practice. Adjourned until to-morrow at 12 o'clock. The day call for Tuesday, October 13th, will be as follows: Nos. 197, 434 (and 435), 381 (and 418, 446, and 447), 4, Original, 30, 420, 421, 452, 61, 296, 383 (and 384), 409, 380, 382, 427, 251, 462, 478 517. (and 479) , 349, 506, and O 3 SUPEEME COURT OF THE UNITED STATES. Tuesday, October 13, 1914. Present: The Chief Justice, Mr. Justice McKenna^ Mr. Justice Holmes, Mr. Justice Da5^ Mr^> , Justice Hughes, Mr. Justice Van Devanter, Mr. Justice Lamar,^ and Mr. Justice McReynolds. Joseph L. Hull, of Oklahoma City, Okla.; Allen McEeynolds, of Carthage, Mo. Henry McGraw, of Tulsa, Okla. ;^Karl A. Dibble, of ; Minneapolis, Minn. ; AY. M. Crook, of Beaumont, Tex. ; P. E. Cox, of Franklin, Tenn. Clyde L. Young, of Bism.arck, Dak. ; Melville ; D. Church, of Washington, D. C. ; and James Wallace Collins, of Pittsburgh, Pa., were admitted to practice. No. 46. The Linn and Lane Timber Company et al., appellants, v. The United States. Passed for argument with No. 159 when that case is reached, on motion of Mr. Solicitor General Davis for the appellee. No. 93. David Shapiro, plaintiff in error, v. The United States of America. Suggestion of diminution and motion for a writ of certiorari submitted by Mr. Solicitor General Davis and Mr. Assist- ant Attorney General Wallace for the defendant in error in support of the motion, and by Mr. E. N. Zoline in opposition thereto. No. 210. Henry H. Fay et al., plaintiffs in error, v. The United States. In error to the United States Circuit Court of Appeals for the First Circuit. Judgment reversed and cause remanded for further proceedings in conformity to law, per stipulation of counsel, and on motion of Mr. Solicitor General Davis for the defendant in error. No. 552. The United States, plaintiff in error, v. Erie Railroad Company. Motion to advance submitted by Mr. Solicitor General Davis for the plaintiff in error. No. 591. Pennsylvania Company, appellant, v. The United States et al. Motion to advance submitted by Mr. Solicitor General Davis for the appellees. No. 624. The United States, petitioner, v. Northern Pacific Rail- way Company. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit submitted by Mr. Solicitor General Davis for the petitioner. 65349—14 2 4 No. 630. The United States, petitioner, v. The Chicago, Burling- ton & Quincy Railroad Company. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit submitted by Mr. Solicitor General Davis and Mr. Assistant Attorney General Underwood for the petitioner, and by Mr. O. M. Spencer, Mr. William Warner, and Mr. O. H. Dean for the respondent. No. 82. Aaron Sage, plaintiff in error, v. George Hampe. Motion to dismiss submitted by Mr. W. H. Thompson for the defendant in error in support of the motion, and by Mr. Edwin A. Austin and Mr. Carr W. Taylor for the plaintiff in error in opposition thereto. Xo. 646. The Nelson Land & Cattle Company, petitioner, v. George H. Smith. Petition for a writ of certiorari to the United States Cir- cuit Court of Appeals for the Eighth Circuit submitted by Mr. Wil- liam H. Thompson, in behalf of Mr. Carr W. Taylor for the peti- tioner. No. , Original. Ex parte In the matter of Jared Flagg, pe- titioner. Motion for leave to file a petition for writs of prohibition or mandamus submitted b}^ Mr. Wade H. Ellis and Mr. Robert C. Beatty for the petitioner. No. 617. Hitchman Coal and Coke Company, appellant, v. John Mitchell, individually, et al. Petition for a writ of certiorari herein to the United States Circuit Court of Appeals for the Fourth Cir- cuit submitted by Mr. Hannis Taylor and Mr. George R. E. Gil- christ for the appellant in support of the petition, and by Mr. Charles E. Hogg and Mr. Charles J. Hogg for the appellees in opposition thereto. No. 439. Samuel C. Scotten et al., appellants, v. Charles E. Little- field, trustee, etc. Motion to dismiss or affirm or place on the sum- mary docket submitted by Mr. Myer Cohen in behalf of Mr. Daniel P. Hays for the appellee in support of the motion, and by Mr. Thorndike Saunders and Mr. James L. Coleman for the appellant in opposition thereto. No. 629. Henry D. Hotchkiss, as trustee, etc., appellant, v. Irving L. Ernst et al., trustees, etc. Motion to dismiss submitted by Mr. Myer Cohen in behalf of Mr. Daniel P. Hays for the appellees in support of the motion, and by Mr. Abram I. Elkus and Mr. William A. Barber for the aj^pellant in opposition thereto. No. 516. Norfolk & Western Railway Co., plaintiff in error, v, Sarah E. Holbrook, administratrix, etc. Motion to affirm submitted by Mr. Claude A. Swanson in behalf of Mr. William H. Werth for the defendant in error in support of the motion, and by Mr. Theodore W. Reath and Mr. F. Markoe Rivinus for the plaintiff in error in opposition thereto. 5 No. 1. Morris Canal & Banking Company et al., plaintiffs in error, V. David Baird et al. Motion to continue per stipulation of counsel submitted by Mr. W. I. Lewis for the plaintiffs in error. Xo. 572. The Terminal Railroad Association of St. Louis et al., appellants, v. The United States. Motion to advance for hearing with Xo. 452 submitted by Mr. T. M. Pierce and Mr. H. S. Priest for the appellant in support of the motion, and by Mr. Solicitor General Davis and Mr. E. C. Crowe in opposition thereto. Motion to dismiss submitted by Mr. Solicitor General Davis and Mr. E. C. Crowe in support of the motion, and by Mr. T. M. Pierce and Mr. H. S. Priest in opposition thereto. No. 567. Evens & Howard Fire Brick Company et al., appellants, V. The United States. Motion to dismiss submitted by Mr. Solicitor General Davis and Mr. E. C. Crowe for the appellee in support of the motion, and by Mr.
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