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1939 Journal — — I OCTOBEE TEEM, 1939 STATISTICS Original Appellate Total Number of cases on docket _ _ 15 1, 063 1, 078 Cases disposed of __ 4 942 946 Remaining on docket 11 121 132 Cases disposed of By written opinions 151 By per curiam opinions 97 By denial or dismissal of petitions for certiorari 690 By motion to dismiss or per stipulation 8 Number of written opinions 137 Number of admissions to bar 1,016 REFERENCE INDEX Page. Butler, J., death of, announced 73 Butler, J., resolutions of the Bar presented by Attorney Gen- eral Jackson 242 Murphy, J., commission read and oath taken (February 5, 1940) . 146 Eobert H. Jackson, Attorney General, presented his Commis- sion 126 Francis Biddle, Solicitor General, presented 126 Proceedings commemorating 150th Anniversary of Court (February 1, 1940) 136 Address of Attorney General Jackson 136 Address of Charles A. Beardsley, President of American Bar Association 139 Address of the Chief Justice 141 Advisory Committee requested to submit amendments to Eules of Civil Procedure 54 Administrative Office of United States Courts Henry P. Chandler appointed Director 75 Elmore Whitehurst appointed Assistant Director 54 Transfer of appropriations 54,221 Allotment of Justices 158 181208—40 98 — II Page. Disbarment, In the matter of Clyde H. Walker 34 Anna L. Cooke 34,81 David B. Getz 35,81 Walter C. Balderston 46 French B. Loveland (failure to reply to Clerk's communi- cations) 81, 109, 115 Rules of Supreme Court—Rule 41 amended 192 Regulations prescribed in reference to appeals from Court of Claims appearing in 210 U. S. rescinded 193 Bankruptcy—General Order 53 (2) amended 266 Rules of Civil Procedure—Rule 81 (a) (6) amended and re- ported to Congress 108 Counsel appointed (No. 562) 123 Opinions amended (Nos. 43, 16, 210, 499) 82,164,221 Opinion withdrawn (No. 19) 123 Judgments affirmed by equally divided Court (Nos. 48, 317, 204, 355) 75, 92, 129, 157 Bill of Complaint—motion for leave to file denied by equally divided Court (Oklahoma v. Woodring) 157 Judgment reversed upon consent of Solicitor General (No. 698) 191 Mandamus—^return to order to show cause why leave to file should not be granted treated as answer to petition (No. 14, Original) 205 Contempt—rule issued requiring defendant to show cause why leave to file petition for rule to show cause should not be granted. Argued on return to rule to show cause and leave to file petition granted. Defendant directed to show cause why it should not be adjudged in contempt. Petition denied. (No. 10, original, October Term, 1935) 6, 174,219 Moot case—motion to vacate granted (No. 22—State Court)— 2,5 Moot case—^motion to reverse submitted. Judgment vacated (No. 822—State Court) 257,260 Moot case—judgment reversed (No. 35) 106 Pro hac vice—leave granted counsel not admitted to practice to file papers and present oral argument (No. 667) 171 Appeal—application for denied by entire Court (Bess v. W. Va.) 35 Appeal dismissed and certiorari granted (No. 201, 239, 822) __ 9,214 Appeal dismissed and treating appeal as petition for certiorari, certiorari granted to review judgment on one count. Juris- diction noted on appeal from judgment on the other count. (No. 632) 164 Ill Page. Certiorari denied with two Justices dissenting (Nos. 57, 64, 190, 238, 249, 250) 14 Certiorari—petition for certiorari struck from docket on ground that petition not presented by or on behalf of the United States, the party to the record (No. 490) 76 Certiorari—petition directed to United States District Court under temporary provision of Bankruptcy Act (Nos. 625, 793) 131,223 Certiorari denied for failure to file within time (Nos. 639, 740) 148,207 Certiorari denied on ground that question presented not of public importance because of repeal of statute involved (No. 944) 254 Certiorari—consideration of petition deferred until next term (Nos. 552 and 558) 231 Continuance granted on motion of State of Virginia as amicus curiae (No. 674) 214 Suggestion of death—case dismissed on ground that action had abated (No. 21) 2,5 Suggestion of diminution of record (Nos. 342, 353, 722, 562) __ 36, 47, 195, 176, 190 Motion to join as party petitioner denied because made be- yond time within which to file petition for writ of certiorari (No. 286) , 55 Motion to intervene denied (No. 193). (Applicant was a party to the record and could have joined in or filed separate petition for certiorari.) Motion to file amicus curiae brief also denied 62,67,90 Motion to intervene denied (No. 193) 71,75 Motion of State of Virginia for leave to intervene denied with leave to file brief as amicus curiae (No. 674) 200,206 Motion of individual to intervene as party complainant in original action between two States denied (No. 15, orig- inal) 263, 267 Motion to release proceedings from order of secrecy denied (No. 488) 77,83 Motion to require petitioner to post cost bond denied without prejudice to application to Circuit Court of Appeals (No. 648) 133, 149 Motion for immediate issuance of mandate denied (No. 593) 234„238 Motion for suspension of order of 1. C. C. pending appeal denied (Philadelphia-Detroit Lines v. U. S.) 60 Motion for stay granted and later vacated by order (No. 355) _47, 197 IV Page. Motion for stay granted until action on jurisdictional state- ment. Jurisdiction noted and stay continued until final disposition. (No. 930) 237,268 Motion for temporary restraining order pending motion for leave to file petition for writ of mandamus denied (Ex parte Meredith) 237 Kehearing withdrawn (Nos. 48, 317) 133 Rehearing denied with one Justice dissenting (No. 217) 58 Rehearing granted (Nos. 481, 584, 726, 417, 707, 548, 353) 82, 193, 221, 253, 261, 267 Rehearing granted and judgment reversed without oral argu- ment. Later argued on petition of State of Texas for re- hearing and rehearing denied, with opinion (No. 87) 190, 220, 257, 259 Rehearing granted (No. 473). Writ had been dismissed for want of jurisdiction because it did not appear that decision of the highest court of the State (New York) did not rest upon an adequate nonfederal ground. Court of Appeals of New York amended remittitur on motion and judgment on remittitur was entered in New York Supreme Court. Sug- gesting that the jurisdictional defect had been supplied, peti- tioner moved for a rehearing 122, 149 Order suspending call of docket 233 Order fixing adjournment date 240 Final order 273 U. S. SOVERNHENT PRINTING OFFICE: 1940 ; MONDAY, OCTOBER 2, 19 39 1 SUPEEME COUET OF THE UNITED STATES 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. Francis M. Shea, of Buffalo, X. Y. ; Samuel O. Clark, Jr., of New York City Masaji Marumoto, of Honolulu, T. H. ; Ernest C. Lum, of ; Newark, N. J. ; Harve M. Duggins, of Knoxville, Tenn. ; William M. Kearney, of Reno, Nev. ; Hal Petty, of Knoxville, Tenn. ; A. Thur- man Ridley, of Knoxville, Tenn.; Everett L. Gordon, of Chicago, 111. Benjamin H. Matthews, of Chicago, HI. ; James P. Dillie, of ; Chicago, 111. ; Charles Emory Taintor, of Los Angeles, Calif. Joseph ; C. A^esely, of Hopkins, Minn. ; Robert M. C. Littler, of San Francisco, Calif. Dwight L. McCormack, of Dallas, Tex. Hayclen Covington, ; ; C. of San Antonio, Tex. ; Edward F. X. Ryan, of New York City Richard C. Goodspeed, of Los Angeles, Calif. ; Juan Nevares Santiago, of Fajardo, P. R. ; Prentice E. Eclrington, of Washington, D. C. Ruth Alberta Clark, of Miami Beach, Fla.; Curtis B. Camp, of Chicago, 111. George H. McWherter, of Greensburg, Pa. ; and Walter ; C. Hardesty, Jr., of Daytona Beach, Fla. ; were admitted to practice. No. 329. Henry Russell, Lawrence Miller, et al., etc., petitioners, V. James S. Todd, Joseph R. Work, et al., etc. Motion for leave to file brief as amicus curiae submitted by Mr. Henry Woog, and the motion denied. No. 10, original. The State of Texas, complainant, ^. The State of New Mexico et al. Final report submitted by Mr. Charles Warren, Special Master. No. original. Ex parte Northern Pacific Railroad Company^ — , petitioner. Motion for leave to file petition for writ of mandamu& submitted by Mr. Raymond M. Hudson for the petitioner. No. — original. State of Oklahoma, upon the relation of Mac Q. , Williamson, Attorney General of the State of Oklahoma, etc., com- plainant, V. Harry H. Woodring, Secretary of War of the United States. Motion for leave to file Bill of Complaint submitted by Mr. Mac Q. Williamson for the complainant. 181208—39 1 ; MONDAY, OCTOBER 2, 19 3 9 2 No. 10, original, October Term 1935. The State of Wyoming, com- plaint, V. The State of Colorado. Motion for leave to file petition for rule to show cause submitted by Mr. James A. Greenwood and Mr. W. J. Wehrli for the complainant. No. 12. Royal Indemnity Company, petitioner, v. Woodbury Granite Company, Inc., et al. On writ of certiorari to the United States Court of Appeals for the District of Columbia. Dismissed per stipulation of counsel. No. 21. State of Florida, ex rel. William W. Yare, appellant, v. W. V. Knott, State Treasurer, etc. Suggestion of death of the party appellant submitted by Mr. Dean Acheson for the appellant. No. 22. State of Florida, ex rel. Hardware Mutual Casualty Com- pany et al., appellants, v. W. V. Knott, State Treasurer, etc. Mo- tion to vacate judgment of the Supreme Court of Florida submitted by Mr. Dean Acheson for the appellants. No. 89. John G. Getz, Jr., et al., petitioners, v. Edinburg Con- solidated Independent School District.
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