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1938 Journal — — ^1) I OCTOBER TERM, 1938 .T^Z^, STATISTICS Original Appellate Total Number of cases on docket 13 1, 007 1,020 Cases disposed of __ __ 1 922 923 Remaining on docket- _ ____ 12 85 97 Cases disposed of By written opinions 174 By per curiam opinions 65 By denial or dismissal of petitions for certiorari 676 By motion to dismiss or per stipulation 8 Number of written opinions 139 Number of admissions to bar 1, 075 RETEEENCE INDEX Page Cardozo, J., death of, announced 1 Cardozo, J., resolutions of the Bar presented by Attorney Gen- eral Cummings 91 Brandeis, J., correspondence upon retirement 166 Frankfurter, J., commission read and oath taken (January 30, 1939) 131 Douglas, J., commission read and oath taken (April 17, 1939). 194 Frank Murphy, Attorney General, presented 115 Allotment of Justices 106, 145, 209 Disbarment, in the matter of W. A. Denson 6,85,103,129 J. William Tomlinson 7 Walter C. Balderston 159 William H. GrifSn 182,225 Pierce Lonergan 210,247 Rules of Supreme Court, general revision announced 155 Bankruptcy, revision of the General Orders and Forms 138 Admiralty Rules revised 233 Copyright Rule 1 amended 247 Counsel appointed to argue (No. 359 and Ex Parte Holchak) __ 36, 69 Judgment amended (Nos. 3, 294, 528) 84, 182, 191 Opinion amended (Nos. 3, 127, 312, 441, 498, 449, 441) 84, 169,175,233,248 99087—39 93 8 II Page Judgment affirmed by equally divided Court (Nos. 10, 104) 35, 119 Judgment in case on direct appeal from U. S. District Court affirmed, on consideration of jurisdictional statements, on ground that questions were so unsubstantial as not to need further argument, citing Rule 7, par. 4. (No. 643) 159 Notice to Attorney General under Act of August 24, 1937 (No. 277) 10,39,44 Habeas corpus—rule to show cause issued (Ex Parte Holchak) 7,69,139,145 Habeas corpus—motion for award of writ of, denied 78, 83 Moot case—motion of appellant to reverse on that ground granted (No. 567) 170,181 Appeal dismissed as to certain appellants on their own motion (No. 27) 2, 30, 64 Appeal dismissed on motion of appellants, later reinstated on motion (Nos. 146, 151) 3,51,60 Appeal dismissed as to one of two appellants (No. 368) 35 Appeal dismissed as to certain appellees (No. 329) 52 Appeal dismissed on ground appellants had no standing to raise validity of State statute under commerce clause (No. 112) 4 Appeal dismissed and certiorari granted (No. 158) 10 Appeal docketed and dismissed (Nos. 624, 728) 139, 170 Certiorari denied for failure to file within time provided by Criminal Appeals Rule XI (Nos. 301, 324, 636) 8, 153 (In No. 636 counsel by rehearing questioned Court's authority to limit time for filing to thirty days.) Certiorari denied for failure to file within time (No. 162) 16 Certiorari—motion for rule to show cause why certiorari should not issue denied without prejudice to the filing of a petition for certiorari in accordance with the rules of this Court (C. I. O. V, Hague). [Petitioner sought certiorari before judgment in the C. C. A. but, because the record had not yet been made up for the purpose of appeal to that court, compliance with Rule 38 was impossible.] 71, 72 Certiorari denied with two Justices dissenting (No. 6) 15, 62 Suggestion of diminution of record (No. 21) 2, 8 Motion as to printing record (No. 188) 15,52 Motion to enlarge record (Nos. 310, 311) 56, 61 Motion to file supplemental record (No. 418) 130,135 Motion to retax costs denied (No. 594 O. T. 1937) 2, Motion to tax costs denied without prejudice (No. 314) 168 Motion as to costs denied (No. 582) 242,248 Ill Motion for injunction denied (Arrow Distilleries v. Alex- Page ander) 104 Motion for injunction granted (No. 528) 105 Motion for stay and supersedeas granted (No. 221) 10 Stay granted (No. 651) 146 Motion for bail presented to the entire court and denied (Nar- done ^. U. S.) 236 Motion for bond denied (No. 367) 121,128 Motion to substitute and to make a new party denied (No. 22) _ 52 Motion to withdraw appearance (No. 277) 129 Motion to set aside judgment of this court on ground of dis- qualification of a Justice denied (No. 391) 182 Motion for recall and clarification of mandate denied (No. 16). [A further effort to obtain the relief sought was made by mandamus, motion for leave to file being denied.] _ 186, 191, 212, 219 Eehearing granted (No. 10, 372 O. T. 1937, 166, 76)__- 55, 62, 70, 145 Rehearing—motion for leave to file where petition for certio- rari was denied at prior term, denied (No. 848 O. T. 1937)— 106 Rehearing—motion for leave to file and application for stay of judgment in District Court, following denial of certiorari, granted (No. 65) 126,128 Motion to extend time for filing rehearing to next term of Court denied (Nos. 614, 899). See also No. 52 (p. 251) where application to file rehearing or in alternative to postpone action to next term was denied 236,240,248 Order suspending call of docket 212 Order fixing tentative adjournment date 222 Adjournment order 242 Final order 252 U. S. GOVERNMENT PRINTING OFFICE: 1939 : MONDAY, OCTOBEK 3, 1938 1 SUPREME COURT OF THE UNITED STATES Present: The Chief Justice, Mr. Justice Brandeis, Mr. Justice Butler, Mr. Justice Stone, Mr. Justice Koberts, Mr. Justice Black, and Mr. Justice Reed. Ellison A. Neel, of Kansas City, Mo. ; Dean D. Sturgis, of Union- town, Pa.; William Brown Higbee, of Uniontown, Pa.; Donald Mestrezat Higbee, of Connellsville, Pa. Henry Silverman, of New ; York City; Walter M. Andrew, of New York City; Clifford A. Taney, Jr., of Minneapolis, Minn.; J. Lloyd Schaffer, of Baltimore, Md.; Robert W. Lewis, of Worcester, Mass.; John B. Baratta, of Atlantic City, N. J.; J. J. Speight, of Dothan, Ala.; Andrew B. Crummy, of Newark, N. J.; John A. Matthews, of Newark, N. J.; French B. Loveland, of Ocean City, N. J. ; John T. Houser, of Long Beach, Calif. ; Atwood Wolf, of Jersey City, N. J. Henry Jacob- C. ; sen, Jr., of San Francisco, Calif.; Robert S. Keebler, of Memphis^ Tenn. ; John Palermo, of Cleveland, Ohio; Charles L. Anderson, of Logansport, Ind. ; J. Arthur Moran, of Delavan, Wis. ; H. Donald Kistler, of Washington, D. C. ; Claire Woodworth Hardy, of Chicago, 111.; Walter T. Fahy, of Philadelphia, Pa.; William B. Layton, of Portland, Oreg. ; Horace B. Sessions, of Ballinger, Tex.; Ellis L. Quiett, Jr., of Tulsa, Okla.; Jerome Goldman, of Cincinnati, Ohio; Carl E. Ring, of New York City ; Chas. C. Goldman, of Cleveland^ Ohio ; and Irving F. Goodfriend, of New York City, were admitted to practice. The Chief Justice said "Since our last session, we have suffered an irreparable loss in the death of our brother. Justice Cardozo. At a time when he should have enjoyed the full exercise of his remarkable powers he was fatally stricken and we are inexpressibly saddened by this tragic termination of his judicial service and the breaking of our cherished ties of personal association. Admitted to the Bar of New York at the age of twenty-one, Benjamin Nathan Cardozo rapidly won the esteem of lawyers and judges and his special qualifications for judicial work were early recognized. He was elected a Justice of the Supreme Court of New York in 1913 and was almost at once designated for service on the Court of Appeals of that State. This was followed in a few years by his election as Associate Judge of that Court and 99087—38—1 ; MONDAY, OCTOBER 3, 19 3 8 2 in 1926 he was made Chief Judge. On the retirement of Mr. Justice Holmes, and in response to a widespread appreciation of the fitness of the succession, Judge Cardozo was appointed Associate Justice of this Court in February, 1932. His service on the Bench thus spanned nearly twenty-five years, and his contributions to the development of our jurisprudence made his judicial career one of the most illustrious in American annals. His erudition, acumen, and technical skill, com- bined with a philosophic outlook and a passion for justice, made him an ideal Judge, and the wide range of his cultural interests, his modesty and personal charm, made fellowship with him a most precious privilege. With deep sorrow at our loss, we turn to our work with a fresh inspiration as w^e contemplate his devotion to the highest standards of the Bench. At an appropriate time, the Court will receive the resolutions of the Bar in tribute to his memory." No. 1, original. October Term, 1937. State of Georgia, complain- ant, V. Tennessee Copper Company et al. Supplemental return to the rule to show cause presented. No. 2, original. State of Wisconsin et al., complainants, v. State of Illinois et al. No. 3, original. State of Michigan et al., complainants, v. State of Illinois et al. ; and No. 4, original. State of New York et al., complainants, v. State of Illinois et al. Report of defendant, Sanitary District of Chicago, dated July 1, 1938, presented. No. 8, original. State of Nebraska, complainant, v. State of Wy- oming et al. Petition of intervention of the United States and answers of the several States presented. No. 13, original. State of California, complainant, v. Murray W. Latimer et al. Motion to dismiss and answer of the defendants presented. No. 594, October Term, 1937. Calmar Steamship Corporation, petitioner, v. Charles W. Taylor. Motion to retax costs submitted by Mr. Howard M. Long and Mr.
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