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1942 Journal — — l6 ° . SZltf/ OCTOBER TERM, 1942 STATISTICS Original Appellate Total Number of cases on docket 15 1, 103 1, 118 Cases disposed of__ _ _ 5 992 997 Remaining on docket- 10 111 121 Cases disposed of By written opinions 196 By per curiam opinions 63 By denial or dismissal of petitions for certiorari 731 By motion to dismiss or per stipulation 7 Number of written opinions 147 Number of admissions to bar 937 REFERENCE INDEX Page Proceedings at Special Term (Saboteur case) 1-6 Sutherland, J., death of (July 18, 1942) announced 1 Brandeis, J., resolutions of the Bar presented by Judge Calvert Magruder 92 Brandeis, J., bust of presented 2 Byrnes, J., announcement of resignation and correspondence. _ 1, 2 Rutledge, J., commission read and oath taken (February 15, 1943) 153 Mrs. William Howard Taft, death of, announced 246 Advisory committee appointed to assist court in preparation of rules with respect to appeals by United States in certain cases (Act of May 9, 1942) 49 Disbarment, In the matter of Paysoff Tinkoff 36 Edward H. Coulter 70, 121 Frank C. Sibley 70, 121 John G. Ross (resignation) 225 George B. Johnson 248 Leonard S. Levin (resignation) 270 George S. Wolbert 276 Rules of Supreme Court—Rule 32, par. 7, amended 150 488078—43 101 II Page Rules of Supreme Court—Rule 36, § 1, amended 262 Rules in Criminal cases—Rule XI, amended 156 Allotment of Justices 163 Counsel appointed (Nos. — , Ex parte Weil; 76; 72; 325; 11, original; 997) 8, 29, 38, 42, 62, 69, 270 Appearance withdrawn (No. 5) 9 Appearance of counsel and all papers filed by him ordered withdrawn on motion of one of the parties (Nos. 75 and 96) _ _ 70 Opinions amended (Nos. 76; 85; 48-9; 79; 490; 520)__84, 133, 188, 251 Judgment amended (No. 396) 177 Judgment vacated ex mero moiu (No. 238) 136 Judgments affirmed by equally divided court (Nos. 9; 28)__46, 270 Certificate to Attorney General (Nos. 449; 556) 63, 112 Bail granted (No. 473) 46 Stay granted (Nos. 704; 792; Robinson v. Ala.) 183, 211, 216 Temporary restraining order granted (Nos. 554-5) 184 Printing record—expense to be borne by United States (Nos. 325; 11, original) 9, 52 Reargument ordered (Nos. 28; 299, and 329; 495-496; 528; 628) 62, 156, 182,216 Moot case (Nos. 423; 446-447; 288; 163; 823; 873) 51, 74, 194, 218, 227, 244 Habeas corpus denied because petitioner no longer in respon- dent's custody (Ex parte Weil) 62 Habeas corpus denied on ground that state court remedies had not been exhausted (Ex parte Davis; Williams; Ross; Gooch; McConnell) 9, 112, 242, 262 Appeal dismissed as to one appellant (No. 554) 152 Appeal dismissed for failure to make application within time (No. 244). Counsel argued (1) a prior timely application to a lower state court upon which no action was obtained should control and (2) judgment did not become final until remittitur received by lower court (California). See also Dept. of Banking v. Pink, No. 466, decided December 21, 1942; Matton Steamboat Co. v. Murphy, No. 783, decided June 1, 1943; and Cole v. Violette, No. 892, decided June 14, 1943 6, 107,254,270 Appeal dismissed for want of final judgment (No. 160) 6 Certiorari denied for failure to file within time (No. 364). Counsel argued that time should be computed from date judgment entered by lower court on remittitur (Georgia) 39 Certiorari denied for failure to file within time. Telegraphic application for extension of time was not received until after midnight of last day and was denied "for lack of power to grant it" (No. 130) 16 Ill Page Certiorari denied for failure to file within time. Extension had been obtained upon an application wherein counsel had unknowingly recited erroneous judgment date. Time had actually expired prior to presentation of application and extension was therefore ineffectual (No. 267) 16 Certiorari denied for failure to file within time (Nos. 532; 459; 710; 900; 959; 993; 998; 1034) 77, 123, 167,227,236,266 Certiorari denied for failure to make application to transfer to court en banc (No. 140 ) (Missouri) 5 Certiorari denied on ground that state court remedies not exhausted (Nos. 311; 445). (See also habeas corpus.) 10, 64 Certiorari denied for want of final judgment (Nos. 169; 752- 753) 6,236 Certiorari denied for want of final judgment—one justice dis- senting (No. 830). Rehearing granted 218, 225 Certiorari denied on ground that record does not show that federal question presented to or expressly passed on by Court of Appeals, New York (Nos. 903-904) . Rehearing granted. 243, 271 Certiorari denied on ground that judgment below rested on a nonfederal ground adequate to support it. (No. 608) 273 Certiorari denied with the Justices dissenting (Nos. 869 and 901; 1015) 244,279 Rehearing granted (No. 459). Certiorari had been denied as out of time. Court directed that a prior application received within time be treated as a petition for certiorari 123 Rehearing granted (Nos. 606, 610, and 619; 419; 903-904; 907-908) 188,263,271 Rehearing granted and reargument ordered (Nos. 280, 314, and 966, O. T. 1941) 157 Rehearing denied with memorandum (No. 25) 266 Rehearing granted and limitation theretofore placed on scope of argument removed (Nos. 945-946) 277 Motion to enlarge scope of argument denied (No. 881) 255 Petition for construction of mandate denied (No. 12, O. T. 1940)_1 37 Motion to file bill to perpetuate testimony granted and Com- missioner appointed (No. 12, original) 138, 156, 187 Entire record ordered up on certificate (Nos. 870-871) 194 Motion to bring up entire record denied (No. 912) 206 Application denied for want of original jurisdiction (Ex parte Fiala) 270 Order suspending call of docket and fixing adjournment date.. 237 Order fixing adjournment date ._ 237, 267, 274 Final order 280 U. S. GOVERNMENT PRINTING OFFICE: 1943 WEDNESDAY, JULY 29, 1942 1 SUPREME COURT OF THE UNITED STATES The Court met in Special Term pursuant to a call by the Chief Justice having the approval of all the Associate Justices. Present : The Chief Justice, Mr. Justice Roberts, Mr. Justice Black, Mr. Justice Reed, Mr. Justice Frankfurter, Mr. Justice Byrnes, and Mr. Justice Jackson. Cassius M. Dowell, of Washington, D. C, was admitted to prac- tice. The Chief Justice announced that the Court has convened in Special Term in order that certain applications might be presented to it and argument be heard in respect thereto. The Chief Justice also announced that Mr. Justice Douglas, who is on his way to Washington from the west, had not yet been able to arrive, but that he will be vouched in and will participate in the decision of the Court in the matter to be presented to it today. In response to the inquiry of the Chief Justice, the Attorney General stated to the Court that the Chief Justice's son, Major Lauson H. Stone, an officer in the United States Army, assisted defense counsel, under orders, in the presentation before the Mili- tary Commission of the case, in relation to which the Special Term of the Court had been called, but that he in no way had connection with the proceeding before this Court and, therefore, counsel for all parties join in urging the Chief Justice to participate in the consideration and decision of the case. Colonel Kenneth C. Royall, of counsel for the petitioners, concurred in the statement and re- quest of the Attorney General. No. original. parte Quirin, petitioner; — , Ex Richard No. original. —, Ex parte Herbert Hans Haupt, petitioner; No. original. parte Kerling, petitioner. — , Ex Edward John No. original. parte Burger, petitioner; — , Ex Ernest Peter No. original. — , Ex parte Heinrich Harm Heinck, petitioner; No. original. Thiel, — , Ex parte Werner petioner; and original. No. — , Ex parte Herman Otto Neubauer, petitioner. The motion for leave to enlarge the record in accordance with the stipulation of counsel is granted. 475966—42 1 WEDNESDAY, JULY 29, 1942 2 The motion for an order directing the Clerk of this Court to impound certain portions of the record and to hold the same for the exclusive use of the Justices of this Court is granted. Motions for leave to file petitions for writs of habeas corpus sub- mitted and argument in support of the motions commenced by Colonel Kenneth C. Koyall for the petitioners, continued by Mr. Attorney General Biddle for the respondent in opposition thereto, by Colonel Kenneth C. Koyall for the petitioners in support thereof and by Mr. Attorney General Biddle for the respondent in opposition thereto. Adjourned until tomorrow at 12 o'clock. THURSDAY, JULY 30, 1942 3 SUPREME COURT OE THE UNITED STATES Present: The Chief Justice, Mr. Justice Roberts, Mr. Justice Black, Mr. Justice Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Byrnes, and Mr. Justice Jackson. original. parte Richard Quirin, petitioner; No. — , Ex No. original. parte Haupt, petitioner; — , Ex Hans No. original. parte Kerling, petitioner; — , Ex John No. original. parte Peter Burger, petitioner; — , Ex No. original. parte Heinrich Heinck, petitioner; — , Ex Harm No. original. parte Thiel, petitioner; and — , Ex Werner original. parte petitioner. No. —, Ex Herman Otto Neubauer, Argument on the motions for leave to file petitions for writs of habeas corpus continued by Mr. Attorney General Biddle for the respondent in opposition to the motions and concluded by Colonel Kenneth C. Royall for the petitioners in support thereof. Adjourned until tomorrow at 12 o'clock. 475966—42 2 ; ; ; : 194 2 FRIDAY ? JULY 31, 4 SUPREME COURT OF THE UNITED STATES Present: The Chief Justice, Mr. Justice Roberts, Mr. Justice Black, Mr. Justice Reed, Mr.
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